Legal terms

Terms of Service

Effective on: June 1, 2024

Current Terms of Service

Thank you for using Wehome!

These Terms of Service (“Terms”) are a binding legal agreement between you and Wehome that govern the right to use the websites, applications, and other offerings from Wehome (collectively, the “Wehome Platform”). When used in these Terms, “Wehome,” “we,” “us,” or “our” refers to the Wehome entity set out on Schedule 1 with whom you are contracting.

The Wehome Platform enables users (“Members”) to publish, offer, search for, and book services. Members who publish and offer services are “Hosts” and Members who search for, book, or use services are “Guests.” Hosts offer accommodations (“Accommodations”), activities, excursions, and events, and a variety of travel and other services (collectively, “Host Services,” and each Host Service offering, a “Listing”). As the provider of the Wehome Platform, Wehome does not own, control, offer or manage any Listings or Host Services. Wehome is not a party to the contracts entered into directly between Hosts and Guests, nor is Wehome a real estate broker, travel agency, or insurer. Wehome is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms of Service (“Payment Terms”). To learn more about Wehome’s role see Section 15.

We maintain other terms and policies that supplement these Terms like our Privacy PolicyCancellation Policy, and ICT Regulation Sandbox Policy of the Korean Government endorsing Wehome as the unique legal Home Sharing Platform of Korea.

Table of Contents

Guest Terms

1. Searching and Booking on Wehome.

2. Cancellations, Reservation Issues, Refunds and Booking Modifications.

3. Your Responsibilities and Assumption of Risk.

Host Terms

4. Hosting on Wehome.

5. Managing Your Listing.

6. Cancellations, Reservation Issues, and Booking Modifications.

7. Taxes.

General Terms

8. Reviews.

9. Content.

10. Fees.

11. Wehome Platform Rules.

12. Termination, Suspension and other Measures.

13. Modification.

14. Resolving Complaints and Damage Claims.

15. Wehome’s Role.

16. Member Accounts.

17. Disclaimer of Warranties.

18. Limitations on Liability.

19. Indemnification.

20. Contracting Entities.

21. Miscellaneous.

Guest Terms

1. Searching and Booking on Wehome.

1.1 Searching. You can search for Host Services by using criteria like the type of Host Service, type of listing, travel destination, travel dates, and number of guests. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, Reviews, customer service and cancellation history, popularity, previous trips and saved Listings, Host requirements (e.g. minimum or maximum nights), and more. Learn more about search results in our Help Center.

1.2 Booking. When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like Wehome’s service fee, offline fees, taxes, and any other items identified during checkout (collectively, “Total Price”). If you choose to pay using a currency that differs from the currency set by the Host for their Listing, the price displayed to you is based on a currency conversion rate determined by us. You are also agreeing that Wehome may charge the Payment Method (as defined in the Payment Terms) used to book the Listing in order to collect Damage Claim (as defined in Section 14) amounts. 

When you receive the booking confirmation, a contract for Host Services (a “Reservation”) is formed directly between you and the Host. By making a Reservation you are agreeing to the terms of the contract. The terms of the contract include these Terms, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Reservation. It is your responsibility to read and understand these terms of the contract including these Terms and all terms of the Reservation including all rules, standards, policies, and requirements prior to booking a Listing. Be aware that some Hosts work with a co-host or as part of a team to provide their Host Services.

1.3 Accommodation Reservations. An Accommodation Reservation is a limited license to enter, occupy, and use the Accommodation. The Host retains the right to re-enter the Accommodation during your stay, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the Host, and (iii) permitted by applicable law. If you stay past checkout, the Host has the right to make you leave in a manner permitted with applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of allowed Guests.

1.4 Reservations for Other Host Services. Other Host Service Reservation entitles you to participate in, attend, or use that Host Service. You are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness, or other requirements. You are responsible for informing the Host of any medical or physical conditions, or other circumstances that may impact your ability to participate, attend, or use other Host Service. Except where expressly authorized, you may not allow any person to join other Host Service unless they are included as an additional guest during the booking process.

 

2. Cancellations, Reservation Issues, Refunds and Booking Modifications.

2.1 Cancellations, Reservation Issues, and Refunds. In general, if you cancel a Reservation, the amount refunded to you is determined by the Host’s cancellation policy that applies to that Reservation. But, in certain situations, other policies take precedence and determine what amount is refunded to you. If something outside your control forces you to cancel a Reservation, you may be eligible for a partial or full refund under our Extenuating Circumstances Policy. If the Host cancels, or you experience a Reservation Issue (as defined in our Rebooking and Refund Policy), you may be eligible for rebooking assistance or a partial or full refund under the Rebooking and Refund Policy. Different policies apply to certain categories of Listings. See each Additional Legal Term or Policy for details about what is covered, and what refund applies in each situation.  You may appeal a decision by Wehome by contacting our customer service.

2.2 Booking Modifications. Guests and Hosts are responsible for any booking modifications they agree to make via the Wehome Platform or direct Wehome customer service to make on their behalf (“Booking Modifications”), and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification.

 

3. Your Responsibilities and Assumption of Risk.

3.1 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Accommodation, all areas and facilities where the Accommodation is located that the Host and Guest are legally entitled to use in connection with the Accommodation (“Common Areas”), or any  other Host Service. For example, this means: (i) you are responsible for leaving an Accommodation (and related personal property) or Common Areas in the condition it was in when you arrived, (ii) you are responsible for paying all reasonable Damage Claim amounts, and (iii) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are booking for an additional guest who is a minor or if you bring a minor to a Host Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.

 

3.2 Your Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Wehome Platform and any Content (as defined in Section 9), including your stay at any Accommodation,  use of any other Host Service, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Host Service to determine whether it is suitable for you. For example, Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host Services 

Host Terms

4. Hosting on Wehome.

4.1 Host. As a Host, Wehome offers you the right to use the Wehome Platform in accordance with these Terms to share your Accommodation, or other Host Service with our vibrant community of Guests – and earn money doing it. It’s easy to create a Listing and you are in control of how you host – set your price, availability, and rules for each Listing.

4.2 Contracting with Guests. When you accept a booking request, or receive a booking confirmation through the Wehome Platform, you are entering into a contract directly with the Guest, and are responsible for delivering the Host Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like Wehome’s service fee (and applicable taxes) for each booking. Wehome will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms or conditions that you include in any supplemental contract with Guests must: (i) be consistent with these Terms, our Additional Legal Terms, Policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.

4.3 Independence of Hosts. Your relationship with Wehome is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Wehome. Wehome does not direct or control your Host Service, and you understand that you have complete discretion whether and when to provide Host Services, and at what price and on what terms to offer them.

4.4 The ICT Regulatory Sandbox for Home Sharing Special Provisions’ and Open Hosting are subject to separate terms of service limited to hosts. Please refer to the terms of service for the Home Sharing Special Provisions and Open Hosting.

5. Managing Your Listing.

5.1 Creating and Managing Your Listing. The Wehome Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Host Service, your price, other charges like cleaning fees, resort fees, offline fees, and any rules or requirements that apply to your Guests or Listing. You are responsible for your acts or omissions as well as keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. You are responsible for obtaining appropriate insurance for your Host Services and we suggest you carefully review policy terms and conditions including coverage details and exclusions. You may only maintain one Listing per Accommodation, but may have multiple Listings for a single property if it has multiple places to stay. 

5.2 Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Host Services. For example: Some landlords and leases, or homeowner and condominium association rules, restrict or prohibit subletting, short-term rentals and/or longer-term stays. Some cities have zoning or other laws that restrict the short-term rental of residential properties. Some jurisdictions require Hosts to register, get a permit, or obtain a license before providing certain Host Services (such as short-term rentals, longer-term stays, preparing food, serving alcohol for sale, guiding tours, or operating a vehicle). In some places, the Host Services you want to offer may be prohibited altogether. Some jurisdictions require that you register Guests who stay at your Accommodation. Some jurisdictions have laws that create tenancy rights for Guests and additional obligations for Hosts. For example, some places have landlord-tenant, rent control, and eviction laws that may apply to longer stays. Check your local rules to learn what rules apply to the Host Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and these Terms, including our Host Privacy Standards. If you have questions about how local laws apply you should always seek legal advice.

5.3 Search Results. The ranking of Listings in search results on the Wehome Platform depends on a variety of factors, including these main parameters:

  • Guest search parameters (e.g. number of Guests, destination, time and duration of the trip, price range),
  • Listing characteristics (e.g. price, calendar availability, number and quality of images, Reviews, type of Host Service, Host status, length of time the Listing has been live on the Wehome Platform, Guest engagement and popularity),
  • Guest experience (e.g. customer service and cancellation history of the Host, ease of booking),
  • Host and Listing requirements (e.g. minimum or maximum nights, booking cut-off time), and
  • Guest preferences and history (e.g. previous trips, viewed and saved Listings, location from where the Guest is searching).

Search results may be different on our mobile application than on our website, and may also differ in the map view. Wehome may allow Hosts to promote their Listings in search or elsewhere on the Wehome Platform by paying an additional fee. More information about the factors that determine how your Listing appears in search results, our current promotional programs (if any), and how we identify promoted Content can be found in our Help Center.

5.4 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Wehome Platform except those expressly authorized by our Offline Fee Policy. Do not encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Wehome Platform in violation of our Off-Platform Policy.

5.5 Hosting as a Team or Organization. If you work with a co-host or host as part of a team, business, or other organization, you are responsible and liable as a Host under these Terms for the acts and omissions of each entity and individual who participates in providing your Host Services and you are responsible for informing personnel engaged by you to deliver any Host Services of your obligations under these Terms. If you accept terms or enter into contracts with third parties, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct Wehome to transfer a portion of your payout to a co-host or other Hosts, or send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.

5.6 Your Assumption of Risk. You acknowledge that hosting carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Wehome Platform, offering Host Services, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the Wehome Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Host Services and that you are not relying upon any statement of law made by Wehome.

 

6. Cancellations, Reservation Issues, and Booking Modifications.

6.1 Cancellations and Reservation Issues. In general, if a Guest cancels a Reservation, the amount paid to you is determined by the cancellation policy that applies to that Reservation. As a host, you should not cancel on a Guest without a valid reason under our Extenuating Circumstances Policy or applicable law. If you cancel on a Guest without such a valid reason, we may impose a cancellation fee and other consequences. If: (i) a Guest experiences a Reservation Issue (as defined by the Rebooking and Refund Policy), (ii) an Extenuating Circumstance arises, or (iii) a Reservation is canceled under Section 12 of these Terms, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Guest, and by any other reasonable costs we incur as a result of the cancellation. If a Guest receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Wehome exceeds your payout, Wehome may recover that amount from you, including by deducting the refund against your future payouts. You agree that Wehome’s Rebooking and Refund Policy, Extenuating Circumstances Policy, and these Terms preempt the cancellation policy you set in situations where they allow for the cancellation of a Reservation and/or the issuance of refunds to Guests. If we reasonably expect to provide a refund to a Guest under one of these policies, we may delay release of any payout for that Reservation until a refund decision is made.

6.2 Booking Modifications. Hosts and Guests are responsible for any Booking Modifications they agree to make via the Wehome Platform or direct Wehome customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.

 

7. Taxes.

7.1 Host Taxes. As a Host, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income, or other taxes (“Taxes”).

7.2 Collection and Remittance by Wehome. In jurisdictions where Wehome facilitates the collection and/or remittance of Taxes on behalf of Hosts, you instruct and authorize Wehome to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by Wehome are identified to Members on their transaction records, as applicable. Wehome may seek additional amounts from Members (including by deducting such amounts from future payouts) when the Taxes collected and/or remitted are insufficient to fully discharge that Members’ tax obligations, and you agree that your sole remedy for Taxes collected by Wehome is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason.

7.3 Tax Information. In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that Wehome may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Host Services to facilitate accurate tax reporting.

General Terms

8. Reviews.

After each Host Service, Guests and Hosts will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates these Terms, applicable law, or our Content Policy or Review Policy. Reviews are not verified by Wehome for accuracy and may be incorrect or misleading.

 

9. Content.

Parts of the Wehome Platform enable you to provide feedback, text, photos, audio, video, information, and other content (“Content”). By providing Content, in whatever form and through whatever means, you grant Wehome a non-exclusive, worldwide, royalty-free, perpetual, sub-licensable and transferable license to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit, in any manner such that Content to provide and/or promote the Wehome Platform, in any media or platform, known or unknown to date and in particular on Internet and social networks. If Content includes personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Where Wehome pays for the creation of Content or facilitates its creation, Wehome may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Wehome the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Content Policy and Nondiscrimination Policy, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content. You agree that Wehome may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. Wehome does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.

 

10. Fees.

Wehome may charge fees (and applicable Taxes) to Hosts and Guests for the right to use the Wehome Platform. More information about when service fees apply and how they are calculated can be found on our Service Fees page. Any applicable fees are disclosed to Guests before making a Booking. Except as otherwise provided on the Wehome Platform, service fees are non-refundable. Wehome reserves the right to change the service fees at any time, and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 12.2.

 

11. Wehome Platform Rules.

11.1 Rules. You must follow these rules and must not help or induce others to break or circumvent these rules.

Act with integrity and treat others with respect

  • Do not lie, misrepresent something or someone, or pretend to be someone else.
  • Be polite and respectful when you communicate or interact with others.
  • Do not attempt to evade enforcement of these Terms, our Additional Legal Terms, Policies, or our Standards, such as by creating a duplicate account or listings.

Follow our Nondiscrimination Policy and do not discriminate against or harass others.

Do not scrape, hack, reverse engineer, compromise or impair the Wehome Platform

  • Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Wehome Platform.
  • Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Wehome Platform or Content.
  • Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Wehome Platform.
  • Do not take any action that could damage or adversely affect the performance or proper functioning of the Wehome Platform.

Only use the Wehome Platform as authorized by these Terms or another agreement with us

  • You may only use another Member’s personal information as necessary to facilitate a transaction using the Wehome Platform as authorized by these Terms.
  • Do not use the Wehome Platform, our messaging tools, or Members’ personal information to send commercial messages without their express consent.
  • You may use Content made available through the Wehome Platform solely as necessary to enable your use of the Wehome Platform as a Guest or Host.
  • Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.
  • Do not request, make, or accept a booking or any payment outside of the Wehome Platform to avoid paying fees, taxes or for any other reason. See our Offline Fee Policy for exceptions.
  • Do not require or encourage Guests to open an account, leave a review, complete a survey, or otherwise interact, with a third party website, application or service before, during or after a Reservation, unless authorized by Wehome.
  • Do not engage in any practices that are intended to manipulate our search algorithm.
  • Do not book Host Services unless you are actually using the Host Services.
  • Do not use, copy, display, mirror or frame the Wehome Platform, any Content, any Wehome branding, or any page layout or design without our consent.

Honor your legal obligations

  • Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
  • If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy.
  • Read and follow our Terms, Additional Legal Terms, Policies, and Standards.
  • Do not organize or facilitate unauthorized parties or events. You are responsible and liable for any party or event during your Reservation that violates our rules for parties and events, as incorporated by reference herein.
  • Do not use the name, logo, branding, or trademarks of Wehome or others without permission, and only as set forth in our Trademark Guidelines.
  • Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that is confusingly similar to any Wehome trademarks, logos or branding. See our Trademark Guidelines for additional details.
  • Do not offer Host Services that violate the laws or agreements that apply to you.
  • Do not offer or solicit prostitution or participate in or facilitate human trafficking.

11.2 Reporting Violations. If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Wehome. In addition, if you believe that a Member, Listing or Content has violated our Standards, you should report your concerns to Wehome. If you reported an issue to local authorities, Wehome may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report.

11.3 Copyright Notifications. If you believe that Content on the Wehome Platform infringes copyrights, please notify us in accordance with our Copyright Policy.

 

12. Termination, Suspension and other Measures.

12.1 Term. The agreement between you and Wehome reflected by these Terms is effective when you access the Wehome Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.

12.2 Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. Wehome may terminate this agreement and your account for any reason by providing you 30 days’ notice via email or using any other contact information you have provided for your account. Wehome may also terminate this agreement immediately and without notice and stop providing access to the Wehome Platform if you breach these Terms, you violate our Additional Legal Terms, or Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect Wehome, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.

12.3 Member Violations. If (i) you breach these Terms, our Additional Legal Terms, Policies, or our Standards, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) Wehome believes it is reasonably necessary to protect Wehome, its Members, or third parties; Wehome may, with or without prior notice:

  • suspend or limit your access to or use of the Wehome Platform and/or your account;
  • suspend, remove, disable access to, or restrict visibility of Listings, Reviews, or other Content;
  • cancel pending or confirmed bookings; or
  • suspend or revoke any special status associated with your account.

For minor violations or where otherwise appropriate as Wehome determines in its sole discretion, you will be given notice of any intended measure by Wehome and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service. If a Reservation is canceled under this Section, the amount paid to the Host will be reduced by the amount we refund or otherwise provide to the Guest, and by any other costs we incur as a result of the cancellation.

12.4 Legal Mandates. Wehome may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 12.3.

12.5 Effect of Termination. If you are a Host and terminate your Wehome account, any confirmed booking(s) will be automatically canceled and your Guests will receive a full refund. If you terminate your account as a Guest, any confirmed booking(s) will be automatically canceled and any refund will depend upon the terms of the Reservation’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Wehome Platform has been limited, or your Wehome account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Wehome Platform through an account of another Member.

12.6 Survival. Parts of these Terms that by their nature survive termination, will survive termination of this agreement, including Sections 1 through 21. If a host incurs penalties due to the cancellation of existing reservations resulting from the termination of a Wehome account, the host is obligated to pay those penalties.

 

13. Modification.

Wehome may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Wehome Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email, notifications through the Wehome Platform, messaging service, or any other contact method made available by us and selected by you at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Wehome Platform will constitute acceptance of the revised Terms.

 

14. Resolving Complaints and Damage Claims.

If a Member provides valid evidence that you, your guest(s), or your pet(s) have:

(i) damaged the complaining Member’s, or the Accommodation owner’s (where the Accommodation owner is not also the Host), real or personal property, or real or personal property the complaining Member is responsible for, or has an economic interest in; or 

(ii) caused loss of booking income for bookings via the Wehome Platform or other consequential damages which result directly from the damage caused under (i) above; or

(iii) otherwise caused the complaining Member to incur cleaning costs in excess of the Member’s cleaning fee (each of (i), (ii), and (iii) being a (“Damage Claim”), 

The complaining Member can notify Wehome and/or seek compensation through the Resolution Center. You will be notified of the Damage Claim and given an opportunity to respond. If you agree to pay, or if the Damage Claim is escalated to Wehome and Wehome determines in its sole discretion that the Damage Claim is valid and you are responsible for the Damage Claim, Wehome can collect the amount of the Damage Claim from you. You agree that Wehome may seek to recover from you under any insurance policies you maintain and that Wehome may also pursue against you any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against you. You agree to cooperate in good faith, provide any information Wehome requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of Host Services.

 

15. Wehome’s Role.

We offer you the right to use a platform that enables Members to publish, offer, search for, and book Host Services. While we work hard to ensure our Members have great experiences using Wehome, we do not and cannot control the conduct of Guests and Hosts. You acknowledge that Wehome has the right, but does not have any obligation, to monitor the use of the Wehome Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Wehome Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Members acknowledge and agree that Wehome administers its Additional Legal Terms, Policies (such as our Extenuating Circumstances Policy) and Standards (such as basic requirements for hosts), including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist Wehome in good faith, and to provide Wehome with such information and take such actions as may be reasonably requested by Wehome with respect to any investigation undertaken by Wehome regarding the use or abuse of the Wehome Platform. 

 

16. Member Accounts.

You must register an account to access and use many features of the Wehome Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Wehome Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify Wehome if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.

17. Disclaimer of Warranties.

We provide the Wehome Platform and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Host, Host Service, Listing or third party; (ii) we do not warrant the performance or non-interruption of the Wehome Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Listing being “verified” (or similar language) indicate only that the Member or Listing or Wehome has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties Wehome cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.

 

18. Limitations on Liability.

Neither Wehome (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Wehome Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Wehome Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Wehome Platform, or (iv) publishing or booking of a Listing, including the provision or use of Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Wehome has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.

Except for our obligation to transmit payments to Hosts under these Terms, or make payments under the Wehome Host Damage Protection, in no event will Wehome’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use the Wehome Platform, any Content, or any Host Service, exceed: (A) to Guests, the amount you paid as a Guest during the 12-month period prior to the event giving rise to the liability, (B) to Hosts, the amount paid to you as a Host in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred U.S. dollars (US$100).

Wehome (including its affiliates and employees) is not responsible for any results arising from changes to Korean regulations and administrative actions.

These limitations of liability and damages are fundamental elements of the agreement between you and Wehome. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.

 

19. Indemnification.

To the maximum extent permitted by applicable law, you agree to release, defend (at Wehome’s option), indemnify, and hold Wehome (including other Wehome affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Additional Legal Terms,  Policies or Standards, (ii) your improper use of the Wehome Platform, (iii) your interaction with any Member, stay at an Accommodation, participation in other Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.

 

20. Contracting Entities.

Based on your country of residence or establishment and what you are doing on the Wehome Platform, Schedule 1 below sets out the Wehome entity with whom you are contracting. If we identify through the Wehome Platform, an Wehome entity other than the one set out on Schedule 1 as being responsible for a product, feature or transaction, the Wehome entity so identified is your contracting entity with respect to that product, feature or transaction. If you change your country of residence or establishment, the Wehome company you contract with (as set out on Schedule 1) and the applicable version of the Terms of Service will be determined by your new country of residence or establishment, from the date on which your country of residence or establishment changes.

21. Miscellaneous.

21.1 Interpreting these Terms. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between Wehome and you pertaining to your access to or use of the Wehome Platform and supersede any and all prior oral or written understandings or agreements between Wehome and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Wehome.

21.2 No Waiver. Wehome’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

21.3 Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Wehome’s prior written consent. Wehome may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.

21.4 Notice. Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by Wehome via email, Wehome Platform notification, messaging service (including SMS and WeChat), or any other contact method we enable and you provide. 

21.5 Third-Party Services. The Wehome Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Wehome is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.

21.6 Google Terms. Some translations on the Wehome Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the Wehome Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

21.7 Apple Terms. If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.

21.8 Platform Content. Content made available through the Wehome Platform, including without limitation trademarks, trade dress, inventions, algorithms, computer programs (in source code and object code), customer and marketing information and other content (“Platform Content”), whether registered or unregistered, which may be protected by copyright, trademark, patent, trade secrets, know how, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Platform Content are the exclusive property of Wehome and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Platform Content accessed through the Wehome Platform except to the extent you are the legal owner of that Platform Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Wehome grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Platform Content made available on or through the Wehome Platform and accessible to you, solely for your personal and non-commercial use.

21.9Force Majeure. Wehome shall not be liable for any delay or failure to perform resulting from abnormal or unforeseeable circumstances outside its reasonable control, the consequences of which would have been unavoidable despite all efforts to the contrary, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

21.10 Emails and SMS. You will receive administrative communications from us using the email address or other contact information you provide for your Wehome account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have an Wehome account. In the U.S. if you consent to receive SMS (text messages) from us, you will be subject to our SMS Terms.

21.11 Contact Us. If you have any questions about these Terms please email us.