Terms of Use

1. Introduction

Welcome to RoomHoppa, a software platform accessible at https://www.roomhoppa.co.nz, designed to facilitate the listing and renting of accommodations in New Zealand. By accessing or using the RoomHoppa website, portal, mobile applications, or any related services (collectively, the "Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree with these Terms, you must not use the Platform.

RoomHoppa is a software-as-a-service platform that connects hosts offering rental units with guests seeking accommodations. We do not own, manage, or control the rental units listed on the Platform, nor do we act as a landlord, real estate agent, or broker. Our role is limited to providing the software infrastructure to facilitate interactions between users.

2. Scope of Services

2.1 Platform Purpose

RoomHoppa provides a software platform to enable hosts to list rental units (e.g., rooms, apartments, or houses) and guests to search for and book accommodations. The Platform includes features such as unit listings, messaging, accommodation agreements, and automated rent payment processing.

2.2 No Ownership or Control

RoomHoppa does not own, operate, or control any rental units listed on the Platform. All listings, including descriptions, images, pricing, and terms, are provided by hosts, and RoomHoppa does not verify or guarantee the accuracy, completeness, or legality of such content.

2.3 Software Solution

RoomHoppa is solely a software provider. We do not act as a party to any rental agreement, booking, or transaction between hosts and guests. All agreements, including accommodation agreements and payment terms, are solely between the host and guest.

2.4 Third-Party Services

The Platform integrates third-party services, such as Stripe for payment processing and mapping services for location display. RoomHoppa is not responsible for the performance, availability, or security of these third-party services.

3. Eligibility and Account Registration

3.1 Eligibility

To use the Platform, you must be at least 18 years old and have the legal capacity to enter into contracts. By using the Platform, you represent and warrant that you meet these requirements.

3.2 Account Creation

To access certain features, you must create an account by providing accurate and complete information, including your email, name, and password. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

3.3 Verification

RoomHoppa may require identity or phone number verification to enhance trust and safety. Verification processes are provided as a convenience and do not guarantee the accuracy of user information. RoomHoppa is not liable for any misrepresentation or fraud by users.

3.4 Account Suspension or Termination

RoomHoppa reserves the right to suspend or terminate your account at our sole discretion, including for violations of these Terms, fraudulent activity, or conduct that harms the Platform or other users.

4. User Roles and Responsibilities

4.1 Hosts

  • Listing Content: Hosts are solely responsible for the accuracy, legality, and appropriateness of their unit listings, including descriptions, images, pricing, availability, and terms. RoomHoppa does not verify or endorse listing content.
  • Compliance: Hosts must comply with all applicable laws, regulations, and zoning requirements, including tenancy laws, health and safety standards, and tax obligations.
  • Agreements: Hosts are responsible for drafting, sending, and enforcing accommodation agreements. RoomHoppa provides tools to facilitate agreements but is not a party to or liable for their terms or enforcement.
  • Guest Interactions: Hosts are responsible for all interactions with guests, including responding to inquiries, managing bookings, and resolving disputes.

4.2 Guests

  • Booking Requests: Guests are responsible for providing accurate information when submitting booking requests, including move-in dates and personal details.
  • Compliance: Guests must comply with the terms of any accommodation agreement and the host’s rules, as well as applicable laws.
  • Payments: Guests are responsible for making timely rent payments through the Platform’s payment processing system. RoomHoppa is not liable for payment disputes or failures.

4.3 General User Responsibilities

  • Users must not use the Platform for illegal, fraudulent, or harmful purposes, including posting false or misleading content, engaging in harassment, or violating intellectual property rights.
  • Users must not attempt to bypass, hack, or interfere with the Platform’s security or functionality.
  • Users are responsible for maintaining accurate and up-to-date account and listing information.

5. Platform Limitations and Disclaimers

5.1 No Guarantee of Results

RoomHoppa does not guarantee that hosts will secure bookings, that guests will find suitable accommodations, or that any user will achieve specific outcomes from using the Platform.

5.2 Content Accuracy

RoomHoppa does not verify or warrant the accuracy, completeness, or reliability of user-generated content, including listings, reviews, or messages. Users rely on such content at their own risk.

5.3 Software Reliability

The Platform is provided on an “as-is” and “as-available” basis. RoomHoppa does not guarantee that the Platform will be uninterrupted, error-free, or free from bugs, data loss, or security breaches.

5.4 Third-Party Interactions

RoomHoppa is not responsible for the conduct, performance, or disputes between users or between users and third parties (e.g., payment processors, mapping services). Any disputes must be resolved directly between the involved parties.

5.5 No Liability for Listings

RoomHoppa is not liable for any claims, damages, or losses arising from rental units, including but not limited to property damage, personal injury, or misrepresentation of unit conditions.

5.6 Data Loss

RoomHoppa is not responsible for any loss of data, including listing information, messages, or agreement details, due to technical issues, user error, or other causes.

6. Payments and Subscriptions

6.1 Payment Processing

RoomHoppa uses third-party payment processors (e.g., Stripe) to handle rent payments and subscription fees. RoomHoppa is not responsible for payment processing errors, delays, or disputes.

6.2 Host Revenue

Hosts are responsible for setting up and maintaining valid bank account details for receiving rental payments. RoomHoppa is not liable for delays or failures in payment transfers, which may take up to 7 business days.

6.3 Subscriptions

Hosts may subscribe to RoomHoppa’s membership tiers (Basic, Standard, Premium) to list units. Subscription fees are non-refundable, and RoomHoppa is not liable for any loss of listing visibility or functionality due to subscription status.

6.4 Refunds

RoomHoppa does not process refunds for rent payments, as these are agreements between hosts and guests. Users must resolve payment disputes directly.

6.5 Taxes

Users are responsible for reporting and paying any applicable taxes related to rental income, subscription fees, or other transactions. RoomHoppa does not provide tax advice or services.

7. Intellectual Property

7.1 RoomHoppa Content

The Platform, including its design, code, logos, and content created by RoomHoppa, is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, or distribute RoomHoppa’s content without prior written consent.

7.2 User Content

By posting content on the Platform (e.g., listings, images, descriptions), you grant RoomHoppa a non-exclusive, worldwide, royalty-free license to use, display, and distribute such content for the purpose of operating and promoting the Platform.

7.3 Infringement

You must not post content that infringes on the intellectual property rights of others. RoomHoppa reserves the right to remove infringing content and terminate accounts of repeat infringers.

8. Privacy and Data Security

8.1 Data Collection

RoomHoppa collects and processes personal information as described in our Privacy Policy. By using the Platform, you consent to such collection and processing.

8.2 Data Security

While RoomHoppa implements reasonable security measures, we do not guarantee the absolute security of user data. You acknowledge that you provide information at your own risk.

8.3 Third-Party Data Sharing

RoomHoppa may share user data with third-party service providers (e.g., payment processors) to operate the Platform. RoomHoppa is not liable for the privacy practices of these third parties.

9. Limitation of Liability

9.1 No Consequential Damages

To the fullest extent permitted by law, RoomHoppa, its affiliates, officers, directors, employees, and agents will not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, data, or use, arising from or related to your use of the Platform.

9.2 Cap on Liability

RoomHoppa’s total liability for any claims arising from these Terms or your use of the Platform will not exceed the amount you paid to RoomHoppa (if any) in the 12 months preceding the claim.

9.3 No Liability for User Conduct

RoomHoppa is not liable for any damages, losses, or injuries caused by the actions, omissions, or representations of users, including but not limited to disputes between hosts and guests, property damage, or personal injury.

9.4 Force Majeure

RoomHoppa is not liable for any failure to perform due to events beyond our reasonable control, including but not limited to natural disasters, war, terrorism, or technical failures.

10. Indemnification

You agree to indemnify, defend, and hold harmless RoomHoppa, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, or expenses (including reasonable legal fees) arising from:

  • Your use of the Platform;
  • Your violation of these Terms;
  • Your content or listings;
  • Your interactions with other users; or
  • Your violation of any applicable laws or third-party rights.

11. Termination

11.1 By You

You may stop using the Platform at any time. To delete your account, follow the instructions in the Platform’s settings.

11.2 By RoomHoppa

We may suspend or terminate your access to the Platform at our sole discretion, with or without notice, for any reason, including violation of these Terms or conduct that harms the Platform or other users.

11.3 Effect of Termination

Upon termination, your right to use the Platform ceases, and RoomHoppa is not liable for any loss of data, listings, or revenue. Any outstanding payment obligations remain in effect.

12. Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of New Zealand, without regard to conflict of law principles.

12.2 Arbitration

Any disputes arising from these Terms or your use of the Platform will be resolved through binding arbitration in Auckland, New Zealand, in accordance with the rules of the New Zealand Dispute Resolution Centre. You waive the right to participate in class actions or pursue claims in court, except for small claims.

12.3 Jurisdiction

If arbitration is not applicable, you agree to submit to the exclusive jurisdiction of the courts of Auckland, New Zealand.

13. Modifications to Terms

RoomHoppa may modify these Terms at any time by posting the updated Terms on the Platform. Your continued use of the Platform after such changes constitutes your acceptance of the updated Terms. If you do not agree with the changes, you must stop using the Platform.

14. Miscellaneous

14.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and RoomHoppa regarding your use of the Platform.

14.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

14.3 No Waiver

RoomHoppa’s failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign your rights or obligations under these Terms without RoomHoppa’s prior written consent. RoomHoppa may assign these Terms at our discretion.

14.5 Contact

For questions about these Terms, please refer to the FAQ page on the Platform or use the settings page to submit inquiries.

By using RoomHoppa, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. RoomHoppa is a software platform only, and we disclaim all liability for user content, interactions, and outcomes to the fullest extent permitted by law.

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