Homii User Terms and Conditions Agreement

Thank you for using Homii's studying aboard consulting and homestay matching services (The services) provided by Diverseas Co., Ltd. (Diverseas). The terms and conditions in this document ("Agreement") describe and stipulate the provisions which govern and regulate the legal relationship Diverseas and Diverseas's Subsidiaries as a provider of the Services and you as a user of the Services ("You" or "User" or "customer"). The customer refers to both the host and the guest, individuals who access Homii's service, are applied to these terms and conditions of the agreement. Also, Homii's service incidental insurance agreement included in this agreement (Term 8.3). For the details of Privacy protection and the use of personal information, please check Homii's privacy policies. You agree that you are responsible for reviewing these Terms and Conditions and our policies and requirements regularly, and your continued use of the Homii Platform constitutes your acceptance of any modifications, changes, or revisions these Terms and Conditions, procedures and requirements.

1. About Homii's service

1.1 Homii provides a matching platform website where allows the host who provides homestay and related services (Homestay Services) to publish their homestay on Homestay Listing Page of Homii's website (Homestay Listing Page). In additional, Homii provides matching service to both the Host who provides homestay services and who uses the homestay service.

1.2 The Guest stays at least one month in the host's house while the Host provides at least one-month homestay service to the guest. During the homestay, the guest has its responsibilities for cleaning the guest room.

1.3 All information and description of the homestay house and homestay services on Homestay Listing Page are provided by the Host, not offered by Homii. The host has the responsibility to provide clear and accurate information and description of the homestay house and homestay services. The homestay contract concludes only the Host and the Guest. Diverseas Co. is neither the property agency nor the customer's substitution.

1.4 Homii occasionally uses the third-party service e.g., LINE, Google translation, Google Map, etc. in the service. For the use of the third service, please check with the third-party service provider. We are not responsible for any damage and loss caused by the third-party service provider.

1.5 If all or any part of a document relating to the user agreement is prepared in the English language and there is any inconsistency between the English-language documentation and the Japanese-language documentation, the Japanese-language documentation will prevail.


2. Changes to the Terms and Conditions Diverseas is permitted to amend or alter the Terms and Conditions, and any other supplementary terms applying to the Services, from time to time. Any changes to the terms and conditions will be published on the websites. Additional terms will be available with the relevant Services, and those other terms become part of your agreement with us if you use those Services. If you do not agree with the new terms and conditions, you can cancel the contract with Diverseas. If you do not cancel the contract before new terms and conditions are vailed from a transition period, it is considered that you agree with the new terms and conditions.


3. Your Homii Account

3.1 The registration of the Homii account is necessary for listing service of Homestay service on Homii website.To register the Homii account and use Homii's service, the customer has to be legally 18 years old or above with competent authorities and legal rights permitted by law and regulations.

3.2 You have to represent and warrant you are legally 18 years old or above with a prove document.

3.3 During the registration of the Homii account and the use of Homii's service, the customer has to provide wholly correct and the latest information. The customer has to inform Diverseas Co. or update the customer's profile on Homii website if there is(are) any changes to the customer's information.

3.4 During the registration of the Homii account and the use of Homii's service, to the extent permitted by law, Diverseas or Homii would ask the customer for providing (i) identity documents or references of the customer's identity and background. (ii) References valid by the third party.

3.5 Diverseas and Homii reserve the right to refuse customer's registration at our discretion.

3.6 The customer is not allowed to register more than one homii account without Diverseas or Homii's permission. Besides, the customer is not permitted to transfer to the third party or assure the third party.The customer is responsible for the account management and never disclosed to the third party. If any information leaks via theft and loss or unauthorized use are identified, please inform Diverseas or Homii directly. Except due to the problems caused by Diverseas or Homii, we are not responsible for the third party's activities regarding Homii's account of the customers.

3.7 The customer is responsible for the account management and never disclosure to the third party. If any information leaks via theft and loss or unauthorised use is identified, please inform Diverseas or Homii directly. Except due to the problems caused by Diverseas or Homii, we are not responsible for the the third party’s activities regarding to Homii’s account of the customers.


4. Host Policy

4.1 When publishing the information of homestay services and the housing, you have to (i) provide accurate, correct and the latest information homestay service (includes housing description, location, dates available for homestay and any damage of the housing), (ii) disclosure the terms of use, (iii) provide information related to the homestay service which is required by Diverseas or Homii.

4.2 Except for the situation permitted by Diverseas or Homii, only one homestay can be listed on each listing page.

4.3 Photos listed on listing page are provided the Host, which necessarily reflect the quality and condition of the homestay service and the house. We do not ensure the number, format, size and image isolation of photos or videos and the display location on the listing page.

4.4 The Host is enabled only when all the conditions below are met, represented, and warranted.
(i).The property-related contract (e.g., preliminary agreement) between the host and the third party shall be subject to the condition and not be infringed.
(ii) Comply with regulations (includes Building Standards Law, Construction Industry Law, Building Lots and Building Transaction Business Law, Urban Planning Law, National Land and Use Planning Law, Housing Quality Assurance Law, etc.), and take procedures of all governmental, regulatory or other consents and approvals necessary for providing homestay service.

4.5 If a guest makes a reservation request to the host service and the guest passes our review, we will inform the host that there was a reservation request. The host then decides whether to approve the reservation request. Even if the host approves the reservation request, the reservation procedure will not be completed until the guest pays the first month of the monthly homestay fee set forth in Article 5.3. (Ie, approving a booking request is not legally binding). When the guest pays the first month of the monthly homestay fee as stipulated in Article 5.3, the reservation will be made according to the contents stated on the listing page when the reservation request is made between the host and the guest. (See section 5.5)

4.6 The reward for the host that provides the host service (hereinafter referred to as “host payout”) shall be set for each host in accordance with the company's separately established standards. If the stay period of the guest includes a period of less than one month, the host proceeds equivalent to the period will be calculated on a prorated basis.

4.7 Once the reservation has been made, the host will not be able to cancel the reservation unless we recognize that there is a valid reason for cancellation by the host. If the guest cancels the reservation after the reservation has been made, the Company shall pay the host the amount equivalent to one month of the host receipt.

4.8 Host payout includes the meal costs and the activity fees, but not contains the staying fees and the bedding related product fees.

4.9 The host grants us the authority to accept host payout paid by the guest to the host. The Company shall pay the host proceeds received from the guest by the method specified separately by the Company before the payment deadline specified by the Company, subject to payment from the guest. The host will not charge the host directly for any host proceeds (regardless of name).

4.10 All Homii service charge is exclusive of any applicable sales, use, withholding or other transactional taxes, which are the sole responsibility of the Host (if any).

4.11 Homii may have an obligation to collect withholding tax at the appropriate rate from part of the homii service charge.


5.Guest Policy

5.1 When a guest reserves a host service that can be used with Homii, identity verification and screening will be performed according to the process defined by the Company. We can ask guests to submit documents such as identity verification documents and photos for identification and screening. If the guest passes the review, we will notify the host of the reservation request. The Company shall not be obligated to notify the guest of the reason even if the guest does not pass the examination.

5.2 After the host approves the reservation request, if the guest pays us for the first month of the monthly homestay fee set forth in the following article within 7 days before the start date of the stay, the reservation will be made between the host and the guest. The reservation will be made according to the information on the listing page when the request is made.

5.3 The guest shall pay the service fee (hereinafter referred to as “Monthly Homestay Fee”) specified by the Company for the use of Homii. The monthly homestay fee is the sum of the host receipt and the consideration for the use of Homii (hereinafter referred to as the “Homii Service Fee”). indicated by. We can change the monthly homestay fee for each service, and the monthly homestay fee set at the time of application by the customer for each service will be applied.

5.4 The guest shall pay the monthly homestay fee (including applicable taxes) to the Company by the Company's separate method by the Company's separate payment deadline.

5.5 Regardless of the provisions of the preceding article, the monthly homestay fee for the first month shall be paid by the guest 7 days prior to the start date of the stay. The reservation is made when the guest pays us the first month of the monthly homestay fee by the above deadline. If the guest does not pay us the first month of the monthly homestay fee by the above deadline, the reservation procedure made by the guest will expire.

5.6 If the guest wishes to extend the stay period after the start of the stay, he / she shall obtain an agreement with the host and agree with the host by a method separately determined by the company. If the stay period is extended, the guest shall pay the monthly homestay fee according to Article 5.3. If the extension period is less than one month, the monthly homestay fee corresponding to the extension period will be calculated on a prorated basis. Shall be paid.

5.7 The guest confirms that the host has full control of the residence for the duration of the guest's stay.

5.8 The guest shall agree to leave the residence by the end date of stay defined under this Agreement or by the end date of stay agreed by both the guest and the host. If the guest stays beyond the end date of stay without obtaining the host's consent, the guest no longer has the right to stay in the residence, and the host must Reserves the right to dismiss In addition, if requested by the host, in addition to the additional fee up to a maximum of the number of days staying past the end of stay multiplied by the host receipt per day for that stay, tax and tax You agree to pay the costs incurred by the host in order to remove the guest in the manner prescribed by the Company.

5.9 The guest shall be responsible for keeping the residence (including property existing in the residence) as it was upon arrival. In addition to their own actions and omissions, guests are also responsible for the actions and omissions of individuals invited by guests to their residence.
6. Change reservation details, cancel / cancel reservations, and cancel host services

6.1 The host and guest contact the Company in advance if they request the other party to change the reservation from the contents listed on the listing page when the reservation request is made. And make changes through the Company. The host and guest can change the reservation details only if the reservation details are agreed by both parties, and we accept the change of the reservation, until the start date of stay. . If you change your reservation, you will be subject to these terms based on the details of the new reservation and agree to pay any additional monthly homestay fees and taxes. .

6.2 Prior to the start of your stay, guests may cancel the reservation and, in the event of canceling the reservation, inform us of this. If the guest cancels the reservation, the first month of the paid monthly homestay fee will be treated as a cancellation fee and we will not refund the first month of the monthly homestay fee to the guest.

6.3　Canceling the reservation procedure by the host and canceling the reservation

6.3.1　Canceling the reservation procedure If the reservation has not been made before the guest's stay begins, the host can request the cancellation of the reservation procedure (please refer to Article 6.1 for changes to the reservation details). In this case, the host will contact us to request cancellation of the reservation process.
6.3.2　Cancel reservation If a reservation is made, the host will not be able to cancel the reservation unless we find that there is a valid reason for cancellation by the host. If we accept good reason and the host cancels the reservation, we will deduct the Homii service fee equivalent to the services we have provided from the monthly homestay fee paid by the guest. We will refund the money made within a reasonable time.
6.3.3　Penalties for canceling reservation procedures / cancellation of reservations In the case of (1) or (2) below, the Company will indicate to the host that (i) the date canceled on the calendar of the listing page is not available or blocked, and (ii) the host has canceled the reservation. You can publish the notation on the listing page, and (iii) you can request a cancellation fee according to the following table. ① When we think that there is no valid reason to cancel the reservation procedure by the host ② When the host cancels the reservation



6.4 If the host or guest wishes to cancel the host service after the guest's stay has begun, the company shall be notified accordingly. If we accept cancellation, the host service will be terminated on the date specified in Article 6.6. The host shall be obligated to provide the host service to the guest until the host service ends.

6.5 The Company can cancel the host service in the following cases, regardless of whether the stay has started or not. In this case, refunds for cancellations prior to the start of stay will be in accordance with Article 6.2 if the guest is responsible, otherwise in accordance with Article 6.3, and for cancellations after the start of stay, Article 6.7. Shall apply.

①　The Host or the guest cannot stay in the homestay location due to death or serious illness of relatives, travel restrictions, damage to the house, etc.
②　The Host or the guest cannot stay in the homestay location due to the occurrence of terrorism, disputes, infectious diseases, earthquakes, typhoons, and other phenomena in the country where the Host or the guest in.
③　The situation is likely to harm the life, body, property, or any other rights or interests of the host or the guest or a third person.
④　The change of the host or the guest is desirable because of the differences in cultures and backgrounds.
⑤　Other situations which Homii approves the service termination request.

6.6 If the host service is terminated based on Article 6.4 or 6.5 after the guest's stay begins, the stay end date will be determined according to the following table, unless we specify a separate end date. The applicable cancellation reason shall be determined by the Company at its sole discretion.


6.7 If the host service is terminated under Articles 6.4 or 6.5 after the guest's stay begins, the guest is obliged to pay a monthly homestay fee calculated according to the table below. If the amount paid by the guest is less than the monthly homestay fee calculated according to the table below, the guest pays the unpaid monthly homestay fee to Diverseas, and Diverseas is calculated according to the table below Pay host payout to host. If the amount received by the host exceeds the host receipt calculated according to the table below, the host will refund the excess host payout to Diverseas and Diverseas will pay the excess monthly homestay fee. Will be refunded to the guest. In this case, payments and refunds shall also be made through Diverseas, and the host and guest shall not pay or refund directly to each other. The applicable cancellation reason shall be determined by the Company at its sole discretion.


6.8 The trial period is 7 days from the start date of stay. The host and guest will write the intention to terminate the host service to the other party and Diverseas within the trial period regardless of the provisions of Article 6.4 (including electronic records such as e-mail and LINE) .)), The host service can be terminated.

6.9 If the host service is terminated based on Article 6.8, the stay end date shall be the day after one month has elapsed from the start date of the stay (in addition, the guest must abandon the monthly homestay fee for the first month and leave arbitrarily) It will not prevent you.)

6.10 Even under Section 6.8, guests are obligated to pay a monthly homestay fee until the end of their stay, and Diverseas will not refund the monthly homestay fee paid by the guest for the first month. In this case, Diverseas will pay the host one month's proceeds from the date of stay.

7. The contents

7.1 Diverseas reserves the right at our sole discretion to decide to (i) approve the customers uploading, emailing, posting, publishing, or otherwise transmitting content to any Forum or submitting any content to Homii. (ii) make use of the content provided by the customers by uploading, emailing, posting, publishing, or otherwise transmitting material to any Forum or submitting any content to Homii where other customers can access.

7.2 All Homii's content (collectively "Content") is protected by copyright, trademark, and/or other intellectual or proprietary rights in Japan and other countries. The customer is accepting and understanding all Homii's contents (collectively "Content") is protected by copyright and never conduct or change Homii's materials, trademark or other Homii's intellectual properties.

7.3 You agree that neither You nor Your Authorised Users will alter, modify, adapt, create derivative works, translate, deface, or Reverse Homii's contents, trademark, and other Homii's intellectual properties, or attempt to do so, or permit, acquiesce, authorize or encourage any other party to do the same.

7.4 Those who use this website are allowed to access to and read the contents on Homii website for non-commercial purposes and personal use only, on the conditions that the copyright notice of Diverseas and Homii are retained on any reproductions. Subject to the terms and conditions herein, this Agreement grants You a personal, revocable, non-exclusive, non-transferable license that permits You and Your Authorised Users, collectively.

7.5 By submitting, posting or uploading User Content to Homii website, you automatically and hereby grant to Diverseas, its affiliates and subsidiaries a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use, publish, perform, display, exhibit, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sublicense and otherwise exploit such User Content (in whole or in part) in any form, media or technology now known or hereafter developed including for the advertising use.

7.6 The customer is accepting and understanding the following terms regarding contents on Homii and other Homii's intellectual properties. ①　The customer who provides the appropriate contents to Homii or on Homii website is the sole owner of that Proprietary Content. You may register for using any Homii's Content and are promising that you will not interfere with Homii‟s rights in the Proprietary Content, including challenging Homii‟s use, registration of, or application to register such intellectual property. ②　Neither You nor Your Authorised Users acquire at this moment any ownership right, title or interest in or to any intellectual property or other proprietary rights, including patents, designs, trademarks, copyright, database rights or rights in any confidential information, in or relating to Diverseas and Homii or any part thereof.

7.7 The customer is not allowed to following behaviors regarding contents on Homii and other Homii's intellectual properties.
①　Engage in false or misleading contents or shall not publish materials of a bibulousness nature concerning anyone.
②　Misuse of Homii website includes communicating sexually explicit or offensive statements, viewing offensive materials.
③　Using sacrilege, discriminating or derogatory comments, or threatening or abusive language; or contents which promotes these messages.
④　Publish violated contents includes actual physical conduct and as well as threatening or frightening language
⑤　Publish materials which can damage public order and standards of civility with explicit alternatively, possibly illegal contents; or contents which promote these messages.
⑥　Pretend to be the third party to produce, upload, or post.
⑦ Advertise your service or the third party's service except for Homii's service.
⑧　Publish other contents violate or contravene with laws or ordinances
7.8 When Diverseas or Homii judges the act mentioned above was performed, without any prior notice, we may suspend the account of the corresponding user and any use of this website and delete any data saved by the relevant user as part of using the services on this website. Moreover, we are not responsible for any damages resulting from these behaviors.

8. Disputes between customers

8.1　Diverseas and Homii are not responsible for Disputes between customers and the third parties except claims for damages by the host to the guest due to accidents that occurred during the homestay period.

8.2　The customer should report to Diverseas or Homii about the dispute or situation which may lead to the conflict.

8.3　Personal Liability Insurance (Mitsui Sumitomo Insurance Group) for the Host and the Guest that indemnifies Host and the Guest liability (compensation paid to injured third parties or for the damaged property) arising from accidents occurring during the homestay period. All customers are required to join this as a part of Homii service. However, if the Host cannot provide the agreed homestay service to the Guest, Homii may not enroll the host for the insurance.

8.4　Any claim or litigation for insurance should be following the claiming procedures with Mitsui Sumitomo Insurance Group directly by the Host or the Guest.

8.5　The compensation of the claim or litigation will be paid by the Mitsui Sumitomo Insurance Group directly to the Host or the Guest.

8.6　Diverseas and Homii are not responsible for claiming procedures with Mitsui Sumitomo Insurance Group, and we do not promise the amount of the compensation

9. Prohibition and Surveillance

9.1 The customer is accepting and understanding the following behaviors are prohibited, also are allowed to encourage the third party to conduct the following actions.
①　Evasion of the law, contracts with the third party and any terms and conditions listed on the agreement with Diverseas.
②　Infringes on the Intellectual Property Rights, right to privacy or any other rights or other Service Users or third parties.
③　Provide any fraudulent or improper information.
④　Use Homii or Homii's contents for commercial and marketing purposes of other purposes which are not approved by Homii.
⑤　Provide an accurate indication by using plain expressions and the like so as not to cause misunderstanding by other customers, third parties, or Homii's partners.
⑥　Review other customers favorably or unfavorably by following the orders of third parties.
⑦ Mass publishes of the same contents or reviews.
⑧　Send unsolicited email or spam by using the Homii account.
⑨　Provide the real estate where the host is not staying or the real estate is not approved by the property company for residence use and providing homestay service.
⑩　Request to Homii homestay service or list Homii homestay service on Homii service without the intention of using Homii service.
⑪　The repetition of that process of requesting and canceling the service,
⑫　Promote your or the third party's business or website to other customers except getting written permission from Homii.
⑬　Request the payment of Homsaty service charge not through Homii. The host (i) is infringed of the agreement. (ii) Is responsible for all risks, and the cost occurred in this situation. Diverseas and Homii are not accountable for all hazards and the damage due to this situation.
⑭　Discrimination or harassment against other customers, including, without limitation, race, national origin, age, gender, marital status, disability, veteran status, or sexual orientation.
⑮　Any forms of copying, transferring, loaning, adapting, translating, or public distribution of Homii's contents or other intellectual properties except getting permitted by Diverseas and Homii.
⑯　Register any of Homm's marks, or any confusingly similar marks, anywhere in the world.
⑰　Use any computer program tools including, web spiders, bots, indexers, robots, or any other automatic device, program to access, acquire, copy, or monitor Homii's contents and data.
⑱　Any act of damage block and evasion or other technical hacks or attract to Homii's website and the third party's internet service provider.
⑲　Any act of reverse engineering, translating or deconstructing Homii's data, software, and any other data.
⑳　Any act of denial of Homii's service or behaviors may cause or are likely to cause interference.
㉑　The guest and host provide personally identifiable information such as address, phone number, e-mail address, and SNS (LINE, Facebook, Instagram, etc.) account to the other party before the reservation is made.
㉒　Hosts provide hosting services directly to guests who have met through Homii, not through Homii.
㉓　Making a false report to continue host services after the end date of the stay.

9.2 Diverseas and Homii should monitor and review the customer's use of Homii and Homii's contents. We are not responsible for any suspend and edit of composite materials. However, we may disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, due to the following reasons.
①　For service improvement (for preventing fraudulent or illegal activities, security and customer service purpose.)
②　Ensure customers accepting and following the agreement.
③　Ensure customers safety and compliancy the laws.　
④　Cope with probable negative occurrences or harmful member contents.

10. Contract period and Measures for implementing provisions

10.1 The terms and conditions in the contract will remain until the date of cancellation of the contract.

10.2 The contract may be canceled in the method of cancellation that Diverseas determined. The removal of the confirmed reservation of homestay service may be processed based on "6 Changes or cancellation of the homestay service reservation and Service Termination during the trial period".

10.3 The customers may cancel the contract through the customer's registered email, LINE, the third party's email, etc. by giving not less than 30 days advance notice.

10.4 Diverseas reserves the right to take following necessary actions when (i) The customer is implementing provisions of Term 9.1; (ii) The customer is violating any rules in the agreement; (iii) It is necessarily required to comply with applicable local laws; (iv)It is necessarily required or requested to do so by court order or other government or law enforcement authority or regulatory agency; (v) The customer who is complained by other customers and may not provide/use the Homii service; (vi) Implementing provisions between the customers; (vii) To protect the customer or third parties's life, body or property, and prevent fraud or other illegal behaviours.

①　We may immediately cancel the contract without informing the customer.
②　Reject, delete, or postpone the posting of the homestay service or member contents on Homii website or another forum.
③ Cancel the pending reservation or the confirmed reservation.
④　Stop or restrict the customer from accessing or using Homii website and service.
⑤　Claim the compensation for damages for such amount in excess.
10.5 The return of service charge after cancellation may be processed based on "6 Changes or cancellation of the homestay service reservation and Service Termination during the trial period".

10.6 After the contract is canceled, we may delete the customer's account, the information of homestay service listed on the website and other member contents. The customer does not have the right to recover the customer's account, the data of homestay service contained on the site and other member contents. For the customer who is stopped or restricted from accessing or using Homii website and service; or Homii cancels the contract due to the reason attributable to the customer, the customer is not allowed to register a new Homii account or continue to use Homii service.

11. Disclaimer and Limitation of Liability

11.1 Homii and Homii's contents and member contents provide services acquired for trial purposes are provided "as is" and Homii does not offer any warranties or indemnities for such services.

11.2 For the reviews on Homii website, we are not responsible for fact-checking and damages due to any inaccurate or misleading statement in the review written by other customers.

11.3 Diverseas and Homii may also share or disclose the reference information and other personal information collected from or about the customer. The customer should determine the accuracy and validity of the data. We are not responsible for damages due to any inaccurate or misleading statement in the information.

11.4 We are not responsible for damages due to differences in (i) the quality, safety and compliance of the real estate and the homestay service; (ii) the accuracy and validity of the information of Homestay service or member contents on Homii website; (iii) The damage caused in the customer or the third party who originates in these use at all.

11.5 Diverseas and Homii may provide translated information or contents. We are not responsible for damages due to any misleading messages due to inaccurate translation.

11.6 The customer is agreeing and understanding that it may take risks during the homestay period or studying aboard. The customer is responsible for their own decision regarding the homestay or studying aboard. We are not liable for damages due to the reason attributable to the customer.

11.7 The direct money transaction between the host and the guest is prohibited. We are not responsible for damages caused during the direct money transaction between the host and the guest.

11.8 We may stop parts of Homii website services due to maintenance purposes, server limitation, or security reasons.

11.9 You may allow using the Homii's contents and member contents, to provide or reserve the homestay service though Homii, to use other Homii's service and communicate and exchange information with other customers permitted by applicable law. You are accepting and understanding the risks of these behaviors.

11.10 For the situation when the exclusions may not apply to the damages due to Homii's contents or member contents or the incomplete or deficient use of Homii service, we are liable for the damages, (i) If the damage caused by the reason attributable to the Guest, the limited amount compensation is the amount paid to Homii by the Guest 12 months before the accident occurred or maximum 10,000yen (ii) If the damage caused by the reason attributable to the Host, the limited amount of compensation is the amount paid to the Host by Homii 12 months before the accident occurred or maximum 10,000yen. We are not liable for losses except any special, direct, indirect, incidental, exemplary, or consequential damages, expenses, lost profits, lost savings, business interruption, lost business information, sole liability in contract, tort, product liability, and other causes. Diverseas shall not be held liable in any way for damages suffered by the customers due to the disagreement of the exclusive remedy.

11.11 The Disclaimer and Limitation of Liability are based on the transaction between Diverseas and the customer.

11.12 If any part of these terms and conditions is held to be invalid or unenforceable for any reason including, but not limited to, the warranty disclaimers and liability limitations specified above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

12. Compensation

The customer agrees to defend, indemnify and hold harmless Licensee to Diverseas and Homii and its subsidiaries and commonly owned or controlled affiliates and their respective officers, directors, and employees from damages, liabilities, and expenses when (i) Rule violations by the customer; (ii) Any inappropriate use by the customer; (iii) Any damages occurred during the communication between the customers and/or third parties; due to legal violations by the customer in the homestay.

13. Governing Law and Judicial Jurisdiction Litigation

Any controversy, claim or dispute arising out of or relating to the agreement and the contract in any manner shall be settled by final and binding arbitration in Tokyo, Japan by the Rules of the International Chamber of Commerce. 14. General policy

14.1 Except for the additional rules, these terms constitute the entire agreement between Homii and the Customer concerning the use of the services.

14.2 These Terms of Use do not create an employment, agency, partnership, or joint venture relationship between you and Diverseas.

14.3 This agreement does not have any such rights or remedies will not preclude other or further exercise of that right or remedy.

14.4 If one or more of the provisions contained in this Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not be affected.

14.5 Except the situation that Diverseas inform the customer in writing of the intention to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If one of the parties renounces or refrains from exercising rights under this agreement, this shall not lead to a rejection of other reasons.

14.6 The customer will not otherwise transfer or assign the Homii service, the contract or the agreement and/or any rights or obligations hereunder without the prior written consent of Diverseas.

14.7 Unless otherwise noted, it should be taken into consideration that Diverseas may contact with the customer through electric methods (Email, LINE, etc.). The Customer will be deemed as agreeing to receive the message from Homii at the moment when we sent the message.

Last updated : 12/6/2019