Payments Terms of Service

Payments Terms of Service

Effective Date: 05^th January 2021

These Payments Terms of Service for all members or users (“Payments Terms”) are a binding legal agreement between you and Homes & Cribs Properties that govern the host payment collection agent services (defined below) conducted through or in connection with the Homes & Cribs Platform. When these Payments Terms mention “Homes & Cribs,” “we,” “us,” or “our,” it refers to the Homes & Cribs Properties company that you are contracting to act as the Host Payments Collection Agent.

Homes & Cribs Properties provides host payments collection agent services to Members publishing, offering and booking Accommodations, Experiences or other Host Services, including services of other current and future services provided via the Homes & Cribs Platform. These host payments collection services may include (if available) the following (collectively, “Payment Services”):

• Collecting payments from Guests (“Payin”), by charging the payment method associated with their Homes & Cribs account, such as mobile money, credit card, debit card, bank account, PayPal account or Stripe Account (“Payment Method”);
• Effecting payments to Hosts (“Payout”) to a financial instrument associated with their Homes & Cribs account, such as a Mobile Money account, PayPal account, Stripe Account, bank account, a prepaid card, or a debit card (“Payout Method”);
• Effecting payments to a third-party Payout Method designated by a Host;
• Collection and payment of charitable donations;
• Host Payments collection services; and
• Other payment related services in connection with Host Services.

In order to use the Payment Services, you must be at least 18 years old, must have a Homes & Cribs account in good standing in accordance with the Homes & Cribs Terms of Service (“Terms”), and must keep your payment and personal information secure, accurate and complete.

All Payment Services will be provided by Homes & Cribs Properties as the contracting entity based in the Republic of Kenya.

The Terms separately govern your use of the Homes & Cribs Platform. If you see an undefined term in these Payment Terms, it has the same definition as in the Terms.

Table of Contents

1. Your use of the Payment Services
2. Guest Terms
3. Host Terms
4. Appointment of Homes & Cribs Properties as Limited Payment Collection Agent
5. General Terms
6. Damage Claims and Security Deposits
7. Abandoned Property
8. Prohibited Activities
9. Force Majeure
10. Disclaimers
11. Liability
12. Indemnification
13. Modification, Term, Termination, and other Measures
14. Governing Law and Dispute Resolution
15. Arbitration Agreement
16. Miscellaneous
17. Additional Clauses for Users that are Businesses
18. Contacting Homes & Cribs Properties

1. Your use of the Payment Services

1.1 Homes & Cribs Payment Services. By using the Payments Services, you agree to comply with these Payments Terms. Homes & Cribs Properties may temporarily limit or suspend your access to or use of the Payment Services, or its features, to carry out maintenance measures that ensure the proper functioning of the Payment Services. Homes & Cribs Properties may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time. Homes & Cribs Properties will provide notice to Members of any changes to the Payment Services, unless such changes do not materially increase the Members’ contractual obligations or decrease the Members’ rights under these Payments Terms.

1.2 Third Party Services. The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms of service and privacy policies, and Members should review them independently. Homes & Cribs Properties is not responsible or liable for the use of such Third-Party Services. Links to any Third-Party Services are not an endorsement by Homes & Cribs Properties of those Third-Party Services.

1.3 Your Homes & Cribs Account. Homes & Cribs Properties may enable features that allow you to authorize other Members or third parties to take certain actions that affect your Homes & Cribs account. You may authorize a third party to use your Homes & Cribs account if the feature is enabled for your Homes & Cribs account. You acknowledge and agree that anyone you authorize to use your Homes & Cribs account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.

1.4 Verification. You authorize Homes & Cribs Properties, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include (i) screening you against third-party databases or other sources, (ii) requesting reports from service providers, (iii) asking you to provide a form of government identification (e.g., National ID, driver’s license or passport), your date of birth, your address, and other information; or (iv) requiring you to take steps to confirm ownership of your email address, Payment Method(s) or Payout Method(s). Homes & Cribs Properties reserves the right to terminate, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.

1.5 Additional Terms. Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable to a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.

2. Guest Terms

2.1 Adding a Payment Method. When you add a Payment Method to your Homes & Cribs account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to Homes & Cribs Properties or its third-party payment processor(s). You authorize Homes & Cribs Properties and its payment service providers to collect and store your Payment Method information.

2.2 Payment Method Verification. When you add or use a new Payment Method, Homes & Cribs Properties may verify the Payment Method by (i) authorizing your Payment Method for one or two nominal amounts via a payment service provider, and asking you to confirm those amounts, or (ii) requiring you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payment Method. When you add a Payment Method during checkout, we will automatically save and add that Payment Method to your Homes & Cribs account so it can be used for a future transaction. You can remove the Payment Method from your Homes & Cribs account as long as it is not associated with an active or future reservation.

2.3 Payment Authorization. You allow Homes & Cribs Properties to charge your Payment Method (including charging more than one payment method), either directly or indirectly, for all fees due (including any applicable taxes) in connection with your Homes & Cribs account.

2.4 Automatic Update of Payment Method. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partners or your bank and automatically update your Payment Method on file.

2.5 Timing of Payment. Homes & Cribs Properties generally charges the Total Price due after the Host accepts your booking request. However, if you pay with a push Payment Method, Homes & Cribs Properties will collect the Total Price due at the time of your booking request or after the Host accepts your booking request. Homes & Cribs Properties may offer alternative options for the timing and manner of payment. Any additional fees for using those alternative payment options will be displayed via the Homes & Cribs Platform and included in the Total Price, and you agree to pay such fees by selecting the payment option. Additional terms and conditions may apply for the use of an alternative payment option. If Homes & Cribs Properties is unable to collect the Total Price due, as scheduled, Homes & Cribs Properties will collect the Total Price due at a later point in accordance with Section 5.3. Once the payment for your requested booking is successfully completed, you will receive a confirmation message by either sms, email or web platform alert.

2.6 Currency. Homes & Cribs Properties will process each transaction in the currency you select via the Homes & Cribs Platform. The currencies available to make payments may be limited for regulatory or operational reasons based on factors such as your selected Payment Method, your country of residence, and/or your Homes & Cribs Properties contracting entity(ies). Any such limitations will be communicated via the Homes & Cribs Platform, and you will be prompted to select a different currency or Payment Method. Note that if your Homes & Cribs Properties contracting entity’s location is different than the country of your Payment Method, or your selected currency is different than your Payment Method’s billing currency, your payment may be processed outside of your country of residence. As a result, certain fees may apply and the amount listed on your card statement may be different from the amount shown at checkout. For example, if you make a booking using a KES issued card, but select Euro as your currency, your payment may be processed outside of Kenya, and banks and credit card companies may impose international transaction fees and foreign exchange fees. In addition, if you select to pay with a currency that is different than your Payment Method’s billing currency, your bank or credit card company may convert the payment amount to your billing currency associated with your Payment Method, based on an exchange rate and fee amount determined solely by your bank. Homes & Cribs Properties is not responsible for any such fees and disclaims all liability in this regard. Please contact your bank or credit card company if you have any questions about these fees or the applicable exchange rate.

2.7 Booking Request Status. If a requested booking is declined either because it is not accepted by the Host or you cancel the booking request before it is accepted by the Host, any amounts collected by Homes & Cribs Properties will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.

2.8 Payment Restrictions. Homes & Cribs Properties reserves the right to decline or limit payments that we believe (i) may violate Homes & Cribs Properties’ risk management policies or procedures, (ii) may violate these Payments Terms or the Terms, (iii) are unauthorized, fraudulent or illegal; or (iv) expose you, Homes & Cribs, Homes & Cribs Properties, or others to risks unacceptable to Homes & Cribs Properties.

2.9 Payment Service Providers. Payment Methods may involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing payments in connection with the Payment Services, and Homes & Cribs Properties is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method may also be subject to additional terms of use. Please review them before using your Payment Method.

2.10 Your Payment Method, Your Responsibility. Homes & Cribs Properties is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.

2.11 Different Ways to Pay

2.11.1 Payment Plan

2.11.1.1 Homes & Cribs Properties may make available to Guests the option to pay a portion of the booking’s Total Price at the time of booking and pay the remainder of the Total Price at a later time prior to check-in (“Payment Plan”). Availability of this option may depend on the Listing and/or Payment Method.

2.11.1.2 If you choose a Payment Plan, the Homes & Cribs Platform will notify you during check out of the amount, currency and schedule of each payment due. On the following payments due date, Homes & Cribs Properties will automatically charge the original Payment Method you used to make the booking.

2.11.1.3 If you make a modification to a booking made with a Payment Plan, Homes & Cribs Properties will notify you of the revised payment schedule, as applicable. If the modification increases your Total Price, you may be required to make an additional partial payment of the new Total Price at the time of the modification.

2.11.1.4 You agree that by selecting a Payment Plan, you may not be able to pay for the booking with a different Payment Method or pursuant to a different payment schedule.

2.11.1.5 If Homes & Cribs Properties is unable to collect your payment, Homes & Cribs Properties will notify you of such declined payment, and require you to complete the payment using an alternative Payment Method within 48 hours of the notice. If you fail to complete the payment, you authorize Homes & Cribs to cancel the booking on your behalf. If the booking is canceled, you will be refunded based on the Host’s cancellation policy. You acknowledge that you may incur fees for cancellations pursuant to the Host’s cancellation policy.

2.11.2 Recurring Payments

2.11.2.1 For certain bookings (such as for Accommodation bookings of twenty-eight (28) nights or more), Homes & Cribs Properties may require a Guest to make recurring, incremental payments toward the Total Price owed (“Recurring Payments”). More information on Recurring Payments (including the amount and the frequency of payments) will be made available via the Homes & Cribs Platform if applicable to a booking.

2.11.2.2 If Recurring Payments apply to a confirmed booking, then the Guest authorizes Homes & Cribs Properties to collect the Total Price due.

2.11.2.3 Guests may stop a Recurring Payment by notifying Homes & Cribs Properties orally or in writing at least three (3) business days before the scheduled date of the payment. Homes & Cribs Properties may require you to give written confirmation of a stop-payment order within two (2) days of an oral notification. If you fail to provide written confirmation within those two (2) days, Homes & Cribs Properties is not obligated to honor your request to stop any future Recurring Payments. If you have any questions regarding your Recurring Payments, please contact Homes & Cribs Properties.

3. Host Terms

3.1 Payment Collection. Homes & Cribs Properties generally collects the Total Price of a booking at the time the Guest’s booking request is accepted by the Host, unless noted otherwise.

3.2 Adding a Payout Method. In order to receive a Payout you must have a valid Payout Method linked to your Homes & Cribs account. When you add a Payout Method to your Homes & Cribs account, you will be asked to provide billing information such as name, government identification, tax ID, billing address, and financial instrument information either to Homes & Cribs Properties or its third-party payment processor(s). Depending on the Payout Method selected additional information may be required, such as: residential address, name on the account, account type, routing/swift number, account number, email address, payout currency, identification number and account information associated with a particular payment processor. You authorize Homes & Cribs Properties to collect and store your billing information and financial instrument information. Homes & Cribs Properties may also share your information with governmental authorities as required by applicable law.

3.3 Timing of Payout

3.3.1 Subject to and conditional upon successful receipt of the payments from Guest, Homes & Cribs Properties will generally initiate Payouts to your selected Payout Method: (i) for Accommodations, 24 hours after the Guest’s scheduled check-in time, (ii) for Experiences, 24 hours after the start of the Experience; and (iii) for all other Host Services, at the time specified via the Homes & Cribs Platform. For Accommodation bookings of twenty-eight (28) nights or more, Homes & Cribs Properties will generally initiate the payout 24 hours after the Guest’s scheduled check-in time.

3.3.2 Homes & Cribs Properties may offer you a different Payout time or trigger for payment, which may be subject to additional terms and conditions. Such Payout timeline may be updated once the Host meets certain eligibility criteria. The time it takes to receive Payouts once released by Homes & Cribs Properties may depend upon the Payout Method you select.

3.4 Payout. Your Payout for a booking will be the Total Price less applicable fees like Homes & Cribs service fees and applicable taxes. In the event of cancellation of a confirmed booking, Homes & Cribs Properties will remit the amount you are due (if any) as provided in the Terms and applicable cancellation policy.

3.5 Payout Restrictions. Homes & Cribs Properties may temporarily place a hold, suspend, or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or completing an investigation; or if we are unable to verify your identity. Furthermore, Homes & Cribs Properties may temporarily place a hold on, suspend, or delay initiating or processing any Payout due to you under the Terms as a result of high volume Booking cancellations or modifications arising from a Force Majeure Event (as defined below).

3.6 Currency Conversion. Homes & Cribs Properties will remit your Payouts in the currency you select via the Homes & Cribs Platform. The currencies available may be limited for regulatory or operational reasons based on factors such as your selected Payout Method, your country of residence, and/or your Homes & Cribs contracting entity(ies). Any such limitations will be communicated via the Homes & Cribs Platform, and you will be prompted to select a different currency or Payout Method. Note that payment service providers may impose transaction, currency conversion or other fees based on the currency or Payout Method you select, and Homes & Cribs Properties is not responsible for any such fees and disclaims all liability in this regard.

3.7 Limits on Payouts. For compliance or operational reasons, Homes & Cribs Properties may limit the amount of a Payout. If you are due an amount above that limit, Homes & Cribs Properties may make a series of Payouts (potentially over multiple days) in order to provide your full Payout amount.

3.8 Payment Service Providers. Payout Methods may involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and Homes & Cribs Properties is not responsible for any such fees and disclaims all liability in this regard. Your Payout Method may also be subject to additional terms of use. Please review them before using your Payout Method.

3.9 Handling of Funds. Homes & Cribs Properties may combine amounts that it collects from Guests and hold them in trust and in good faith on behalf of Hosts as permitted under applicable laws and as per the Terms of Service whilst awaiting to receive payout or refund requests. The funds held whilst awaiting to make payouts or refunds are not to be considered as being investments or interest bearing by the users and no interest will be due or payable when payments are disbursed. Users disclaim any right to earn interest.

3.10 Your Payout Method, Your Responsibility. Homes & Cribs Properties is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you.

3.11 Different ways to get paid

3.11.1 Split Payouts

If you provide Host Services jointly with one or more other Hosts as part of a team, business or other organization (“Host Team”), Homes & Cribs may make available to such Hosts the option to allocate between the members of the Host Team the total Host Payout for a booking. Homes & Cribs Properties will execute such payments at the instruction of one or more members of the Host Team and is not responsible for any losses related to errors or omissions made by the Hosts in providing such payment instructions.

4. Appointment of Homes & Cribs Properties as a Limited Payment Collection Agent

4.1 Each Host, including each Host Team member, hereby appoints Homes & Cribs Properties as the Host’s payments collection agent solely for the limited purpose of accepting and processing funds from Guests purchasing Host Services on the Host’s behalf.

4.2 Each Host, including each Host Team member, agrees that payment made by a Guest through Homes & Cribs Properties, shall be considered the same as a payment made directly to the Host, and the Host will provide the Host Service booked by the Guest in the agreed-upon manner as if the Host has received the payment directly from the Guest. Each Host agrees that Homes & Cribs Properties may refund the Guest in accordance with the Terms. Each Host understands that Homes & Cribs Properties’ obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guest. Homes & Cribs Properties guarantees payments to Host(s) only for such amounts that have been successfully received by Homes & Cribs Properties from Guests in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Host, Homes & Cribs Properties assumes no liability for any acts or omissions of the Host.

4.3 Each Guest acknowledges and agrees that, notwithstanding the fact that Homes & Cribs Properties is not a party to the agreement between you and the Host(s), including each Host Team member, Homes & Cribs Properties acts as each Host’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Host(s). Upon a Guest’s payment of the funds to Homes & Cribs Properties, the Guest’s payment obligation to the Host(s) for the agreed upon amount is extinguished, and Homes & Cribs Properties is responsible for remitting the funds successfully received by Homes & Cribs Properties to the Host(s) in the manner described in these Payments Terms. In the event that Homes & Cribs Properties does not remit any such amounts, the Host(s) will have recourse only against Homes & Cribs Properties and not the Guest directly.

5. General Terms

5.1 Fees. Homes & Cribs Properties may charge fees for use of certain Payment Services and any applicable fees will be disclosed to you in the Terms or via the Homes & Cribs Platform.

5.2 Payment Authorizations. You authorize Homes & Cribs Properties to collect from you amounts due pursuant to these Payment Terms and/or the Terms by either (i) charging the Payment Method associated with the relevant booking, or any other Payment Method on file that you authorize in your Homes & Cribs account (unless you have previously removed the authorization to charge such Payment Method(s)), or (ii) by withholding the amount from your future Payout. Specifically, you authorize Homes & Cribs Properties to collect from you:

• Any amount due to Homes & Cribs or Homes & Cribs Properties (e.g., as a result of your bookings, Booking Modifications, cancellations, or other actions as a Guest, Host or user of the Homes & Cribs Platform), including reimbursement for costs prepaid by Homes & Cribs or Homes & Cribs Properties on your behalf. Any funds collected by Homes & Cribs Properties will set off the amount owed by you to Homes & Cribs or Homes & Cribs Properties and extinguish your obligation to Homes & Cribs or Homes & Cribs Properties.
• Any amount due to a Host from a Guest which Homes & Cribs collects as the Host’s payment collection agent as further set out in Section 4 above.
• Taxes, where applicable and as set out in the Terms.
• Any amount you pay through the Resolution Center in connection with your Homes & Cribs account.
• Overstay penalties payable under the Terms, including any cost and expenses incurred in collecting the overstay penalty.
• Any service fees or cancellation fees imposed pursuant to the Terms (e.g., if, as a Host, you cancel a confirmed booking).
• Any amounts already paid to you as a Host despite a Guest cancelling a confirmed booking or Homes & Cribs deciding that it is necessary to cancel a booking in accordance with the Terms, Guest Refund Policy, Extenuating Circumstances Policy, or other applicable cancellation policy. You agree that in the event you have already been paid, Homes & Cribs Properties will be entitled to recover the amount of any such guest refund from you, including by subtracting such refund amount out from any future Payouts due to you.

In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to Homes & Cribs Properties collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.

5.3 Collections

5.3.1 If Homes & Cribs Properties is unable to collect any amounts you owe under these Payments Terms, Homes & Cribs Properties may engage in collection efforts to recover such amounts from you.

5.3.2 Homes & Cribs Properties will deem any owed amounts overdue when: (a) for authorized charges, Ninety (90) days have elapsed after Homes & Cribs Properties first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, Ninety (90) days have elapsed after the adjustment is made to the Host’s Homes & Cribs account or the associated services have been provided, whichever is later.

5.3.3 Homes & Cribs Properties will deem any overdue amounts not collected to be in default when Ninety (90) days have elapsed: (a) for authorized charges, after Homes & Cribs Properties first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, after the adjustment is made to the Host’s Homes & Cribs account or the associated services have been provided, whichever is later.

5.3.4 You hereby explicitly agree that all communications in relation to amounts owed will be made by electronic mail or by phone, as provided to Homes & Cribs and/or Homes & Cribs Properties by you. Such communications may be made by Homes & Cribs, Homes & Cribs Properties, or by anyone on their behalf, including but not limited to a third-party collection agent.

5.4 Payment Processing Errors

5.4.1 Homes & Cribs Properties will take the necessary steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original Payout Method or Payment Method used or selected by you, so that you end up receiving or paying the correct amount. This may be performed by Homes & Cribs Properties or a third party such as your financial institution. We may also take steps to recover funds sent to you in error (including but not limited to an event of duplicate payments made to you due to a processing error), by reducing, setting off and/or debiting the amount of such funds from any future Payouts owed to you.

5.4.2 To the extent you receive any funds in error, you agree to immediately return such funds to Homes & Cribs Properties.

5.5 Refunds

5.5.1 Any refunds or credits due to a Member pursuant to the Terms, Extenuating Circumstances Policy and Guest Refund Policy will be initiated and remitted by Homes & Cribs Properties in accordance with these Payments Terms.

5.5.2 Subject to this Section 5.5.2, Homes & Cribs Properties will process refunds immediately, however, the timing to receive any refund will depend on the Payment Method and any applicable payment system (e.g., Visa, Mastercard, etc.) rules. In the event of a Force Majeure Event that may affect the processing and settlement of refunds, Homes & Cribs Properties will initiate and process the refund as soon as is practicable.

6. Damage Claims and Security Deposits

6.1 If you as a Guest (i) agree to pay the Host in connection with a Damage Claim, or (ii) Homes & Cribs determines that you are responsible for damaging any real or personal property at a Listing pursuant to the Terms, you authorize Homes & Cribs Properties to charge the Payment Method used to make the booking in order to collect any security deposit associated with the Listing, as well as any fees, costs and/or expenses associated with the Damage Claim. If Homes & Cribs Properties is unable to collect from the Payment Method used to make the booking, you agree that Homes & Cribs Properties may charge any other Payment Method on file in your Homes & Cribs account at the time of the Damage Claim (unless you have previously removed the authorization to charge such Payment Method(s)).

6.2 You agree that Homes & Cribs Properties may seek to recover from you under any insurance policies you maintain and that Homes & Cribs Properties may also pursue against you any remedies it may have available.

7. Abandoned Property

If Homes & Cribs Properties holds funds due to you (e.g., because we are unable to issue you a Payout or refund) or you do not use a gift card or gift credit for the relevant period of time set forth by your state, country, or other governing body in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by reporting and sending such funds to the appropriate governing body as required by applicable unclaimed property laws.

8. Prohibited Activities

8.1 You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:

• breach or circumvent any applicable laws or regulations;
• breach or circumvent any agreements with third parties, third-party rights, or the Terms, Policies, or Standards;
• use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;
• register or use any Payment Method or Payout Method with your Homes & Cribs account that is not yours or you do not have authorization to use;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Homes & Cribs Properties or any of Homes & Cribs Properties’ providers or any other third party to protect the Payment Services;
• take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;
• attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or
• violate or infringe anyone else’s rights or otherwise cause harm to anyone.

8.2 You may not use or assist others to use the Payment Services to send or receive funds: (i) to sanctioned individuals or countries; (ii) to launder funds , (iii) terrorism finance or (iv) for fraudulent or criminal activities.

 

9. Force Majeure

Homes & Cribs Properties shall not be liable for any delay or failure to fulfill any obligation under these Payments Terms resulting from causes outside the reasonable control of Homes & Cribs or Homes & Cribs Properties, 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 (“Force Majeure Event”).

10. Disclaimers

10.1 If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied.

10.2 Notwithstanding Homes & Cribs Properties’ appointment as the limited payment collection agent of Hosts pursuant to Section 4, Homes & Cribs Properties explicitly disclaims all liability for any act or omission of any Member or other third party. Homes & Cribs Properties does not have any duties or obligations as agent for each Host except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.

10.3 If we choose to conduct identity verification on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.

10.4 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.

11. Liability

11.1 You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Payment Services remains with you. If you allow, permit or authorize another person to use your Homes & Cribs account in any way, knowingly or unknowingly including through negligence, you are responsible for the actions taken by that person. Neither Homes & Cribs Properties nor any other party involved in creating, producing, or delivering the Payment Services 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 Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Homes & Cribs Properties has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Hosts pursuant to these Payments Terms or an approved payment request under the Homes & Cribs Host Guarantee, in no event will Homes & Cribs Properties’ aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Services including, but not limited to, from your use of or inability to use the Payment Service.

12. Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at Homes & Cribs Properties’ option), indemnify, and hold Homes & Cribs Properties and its affiliates and subsidiaries, and their officers, directors, employees, and agents, 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 Payments Terms; (ii) your improper use of the Payment Services; (iii) your failure, or our failure at your direction, to accurately report, collect or remit taxes; or (iv) your breach of any laws, regulations, or third-party rights.

13. Modification, Term, Termination, and other Measures

13.1 Modification. Except as otherwise required by applicable law, Homes & Cribs Properties may modify these Payments Terms at any time. If we make material changes to these Payment Terms, we will post the revised Payment Terms on the Homes & Cribs Platform and update the “Effective or Updated” date at the top of these Payment Terms. If you are affected by the modification, we will also provide you with notice of the modifications at least thirty (30) days before the date they become effective. If you do not terminate your agreement before the date the revised Payment Terms become effective, your continued use of the Payment Services will constitute acceptance of any changes to the revised Payments Terms.

13.2 Term. This agreement between you and Homes & Cribs Properties reflected by these Payment Terms is effective when you create an Homes & Cribs account or use the Payment Services and remains in effect until either you or we terminate this agreement in accordance with Section 13.3.

13.3 Termination. You may terminate this agreement at any time by sending us an email or by deleting your Homes & Cribs account. Terminating this agreement will also serve as notice to cancel your Homes & Cribs account pursuant to the Terms. Without limiting our rights specified below, Homes & Cribs Properties may terminate this agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address. Homes & Cribs Properties may also terminate this agreement immediately without notice if (i) you have materially breached your obligations under this agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) Homes & Cribs Properties believes in good faith that such action is reasonably necessary to protect other Members, Homes & Cribs, Homes & Cribs Properties, or third parties.

13.4 Suspension and Other Measures. Homes & Cribs Properties may limit or temporarily or permanently suspend your use of or access to the Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, (ii) if you have breached these Payments Terms, the Terms, applicable laws, regulations or third-party rights, (iii) if you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, (iv) for any amounts you owe under these Payments Term that are overdue or in default, or (v) if Homes & Cribs Properties believes in good faith that such action is reasonably necessary to protect the personal safety or property of Homes & Cribs, its Members, Homes & Cribs Properties, or third parties, or to prevent fraud or other illegal activity. Further, for unsuccessful payment due to card expiration, insufficient funds, or otherwise, we may temporarily suspend your access to the Payment Services until we can charge a valid Payment Method

13.5 Appeal. If Homes & Cribs Properties takes any of the measures described in Section 13.3 and 13.4 you may appeal such a decision by contacting customer service.

13.6 Effect of Termination. If you cancel your Homes & Cribs account as a Host or Homes & Cribs Properties takes any of the measures described above, Homes & Cribs Properties may provide a full refund to any Guests with confirmed booking(s), and you will not be entitled to any compensation for pending or confirmed bookings that were cancelled. If you cancel your Homes & Cribs account as a Guest, Homes & Cribs Properties will initiate a refund for any confirmed booking(s) based on the Listing’s cancellation policy. If your access to or use of the Payment Services has been suspended or limited or this agreement has been terminated by us, you may not register a new Homes & Cribs account or attempt to access and use the Payment Services through an Homes & Cribs account of another Member.

13.7 Survival. Sections 5 through 18 of these Payments Terms shall survive any termination or expiration of this agreement.

14. Governing Law and Dispute Resolution

14.1 If you are contracting with Homes & Cribs Properties, these Payments Terms will be interpreted in accordance with the laws of the Republic of Kenya, without regard to conflict-of-law provisions. Legal proceedings must be brought in the Republic of Kenya. You and we both consent to venue and personal jurisdiction in the Republic of Kenya.

15. Arbitration Agreement

15.1 Overview of Dispute Resolution Process. Homes & Cribs Properties is committed to participating in a consumer-friendly dispute resolution process. To that end, these Payment Terms provide for a two-part process for individuals to whom this Section 15 applies: (1) an informal negotiation directly with Homes & Cribs’ customer service team (described in paragraph 15.2, below), and if necessary (2) a binding arbitration administered by the Kenya Branch of the Chartered Institute of Arbitrators. You and Homes & Cribs Properties each retain the right to seek relief in court as an alternative to arbitration

15.2 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and Homes & Cribs each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to Homes & Cribs by mailing it to Homes & Cribs , Marrakech Building , Nyali Links, Road , Mombasa or P.O. Box 16469-80100, Mombasa or claims@homesandcribsco.ke. Homes & Cribs will send its notice of dispute to the email address associated with your Homes & Cribs account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration with the Kenya Branch of the Chartered Institute of Arbitrators and providing a copy to the other party.

15.3 Agreement to Arbitrate. You and Homes & Cribs mutually agree that any dispute, claim or controversy arising out of or relating to these Payments Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Homes & Cribs Platform, Host Services, or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Homes & Cribs agree that the arbitrator will decide that issue.

15.4 Exceptions to Arbitration Agreement. You and Homes & Cribs Properties each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 15): (i) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (ii) a request for the remedy of public injunctive relief. You and Homes & Cribs Properties agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration.

15.5 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the arbitration laws of the Republic of Kenya governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by Kenya Branch of the Chartered Institute of Arbitrators in accordance with the Arbitration Rules and/or their arbitration rules determined to be applicable by the Kenya Branch of the Chartered Institute of Arbitrators then in effect, except as modified here. The Kenya Branch of the Chartered Institute of Arbitrators Rules can be obtained through contacting them. In order to initiate arbitration, a completed written demand must be filed with the Kenya Branch of the Chartered Institute of Arbitrators and provided to the other party.

15.6 Modification to Kenya Branch of the Chartered Institute of Arbitrators Rules – Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Homes & Cribs agrees that any required arbitration hearing may be conducted, at your option: (a) in the Kenyan county where you reside; (b) in Mombasa County; (c) via phone or video conference; or (d) if all parties agree, by solely the submission of documents to the arbitrator.

15.7 Modification of Kenya Branch of the Chartered Institute of Arbitrators Rules – Legal Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the Arbitrators Rules and, where appropriate, limited by the Arbitrators Consumer Rules. If such costs are determined by the arbitrator to be excessive, each party will share equally the arbitration fees and expenses. Either party may make a request that the arbitrator award legal fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the Arbitration Rules.

15.8 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the Kenya Branch of the Chartered Institute of Arbitrators Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

15.9 Trial Waiver. You and Homes & Cribs acknowledge and agree that we are each waiving the right to a trial as to all arbitrable Disputes.

15.10 No Class Actions or Representative Proceedings. You and Homes & Cribs acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.

15.11 Severability. Except as provided in Section 15.10, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.

15.12 Changes to Agreement to Arbitrate. If Homes & Cribs changes this Section 15 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Homes & Cribs (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Homes & Cribs.

15.13 Survival. Except as provided in Section 15.11 and subject to Section 13.7, this Section 15 will survive any termination of these Payments Terms and will continue to apply even if you stop using the Payment Services or terminate your Homes & Cribs account.

16. Miscellaneous

16.1 Interpreting these Payments Terms. Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire agreement between Homes & Cribs Properties and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Homes & Cribs Properties and you regarding the Payment Services. If any provision of these Payments Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

16.2 No Waiver. Homes & Cribs Properties’ failure to enforce any right or provision in these Payments 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 Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law.

16.3 Assignment. You may not assign, transfer, or delegate this agreement or your rights and obligations hereunder without Homes & Cribs Properties’ prior written consent. Homes & Cribs Properties may without restriction assign, transfer, or delegate this agreement and any rights and obligations, at its sole discretion, with thirty (30) days’ prior notice.

16.4 Notices. Unless specified otherwise, any notices or other communications permitted or required under this agreement, will be in writing and given by Homes & Cribs Properties via email or Homes & Cribs Platform notification, and depending on your notification setting, messaging service (including SMS). The date of receipt will be deemed the date on which Homes & Cribs Properties transmits the notice.

17. Additional Clauses for Users that are Businesses

The following paragraphs also apply if you are using the Payment Services as a representative (“Representative”) acting on behalf of a business, company or other legal entity (in such event, for purposes of the Payments Terms, “you” and “your” will refer and apply to that business, company or other legal entity).

17.1 You accept the Payment Terms and you will be responsible for any act or omission of employees or third-party agents using the Payment Service on your behalf.

17.2 You and your Representative individually affirm that you are authorized to provide the information described in Section 2.1 and Section 3.2 and your Representative has the authority to bind you to these Payments Terms. We may require you to provide additional information or documentation demonstrating your Representative’s authority.

17.3 You represent and warrant to us that: (i) you are duly organized, validly existing and in good standing under the laws of the Republic of Kenya where your business is registered and that you are registering for receiving the Payment Services; and (ii) you have all requisite right, power, and authority to enter into this agreement, perform your obligations, and grant the rights, licenses, and authorizations in this agreement.

17.4 If you are using your Payment Method for the benefit of your employees or other authorized third-party in connection with Homes & Cribs for Work, as permitted by your account, you authorize Homes & Cribs Properties to charge your Payment Method for bookings requested by employees at your company or other permitted third-party.

17.5 For any Payout Method linked to your Homes & Cribs account, you authorize Homes & Cribs Properties to store the Payout Method, remit payments using the Payout Method for bookings associated with your Homes & Cribs account and take any other action as permitted in the Payments Terms in respect of the Payout Method.

17.6 If you handle, store or otherwise process payment card information on behalf of anyone or any third-party, you agree to comply on an ongoing basis with applicable data privacy and security requirements under the current Payment Card Industry Data Security Standard with regards to the use, access, and storage of such credit card information. For additional information, including tools to help you assess your compliance, see https://www.visa.com/cisp and https://www.mastercard.com/sdp.

18. Contacting Homes & Cribs Properties

You may contact Homes & Cribs Properties regarding the Payment Services using the information below:

ENTITY	CONTACT INFORMATION
Homes & Cribs Properties	Marrakech Building Links Road. Nyali, Mombasa. Kenya. P.O. Box 16469-80100, Mombasa. terms@homesandcribs.co.ke

Homes & Cribs Properties will also provide a copy of these Payments Terms on request. If you have any questions about these Payments Terms, please email us.