Payments Terms of Service

8. Force Majeure

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

9. Disclaimers

9.1 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.

9.2 Notwithstanding Wehome’ appointment as the limited payment collection agent of Hosts pursuant to Section 4, Wehome explicitly disclaims all liability for any act or omission of any Member or other third party. Wehome 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.

9.3 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.

9.4 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.

10. Liability

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 permit or authorize another person to use your Wehome account in any way, you are responsible for the actions taken by that person. Neither Wehome 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 Wehome 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 Host Damage Protection or Japan Host Insurance, in no event will Wehome’ 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 Services, exceed (i) the amounts you have paid or owe for bookings via the Wehome Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by Wehome to you in the twelve (12) month period prior to the event giving rise to the liability, or (ii) one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Wehome and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Wehome’ liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

11. Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at Wehome’ option), indemnify, and hold Wehome 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.

12. Modification, Term, Termination, and other Measures

12.1 Modification. Except as otherwise required by applicable law, Wehome 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 Wehome Platform and update the “Last 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.

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

12.3 Termination. You may terminate this agreement at any time by sending us an email or by deleting your Wehome account. Terminating this agreement will also serve as notice to cancel your Wehome account pursuant to the Terms. Without limiting our rights specified below, Wehome may terminate this agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address (or two (2) months’ prior notice for Members contracting with Wehome UK). Wehome 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) Wehome believes in good faith that such action is reasonably necessary to protect other Members, Wehome, Wehome, or third parties.

12.4 Suspension and Other Measures. Wehome 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 Wehome believes in good faith that such action is reasonably necessary to protect the personal safety or property of Wehome, its Members, Wehome, 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

12.5 Appeal. If Wehome takes any of the measures described in Section 13.3 and 13.4 you may appeal such a decision by contacting customer service.

12.6 Effect of Termination. If you cancel your Wehome account as a Host or Wehome takes any of the measures described above, Wehome 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 Wehome account as a Guest, Wehome 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 Wehome account or attempt to access and use the Payment Services through an Wehome account of another Member.

12.7 Survival. Sections 5 through 15 of these Payments Terms shall survive any termination or expiration of this agreement.

13. Governing Law and Dispute Resolution

When entering into a contract with Wehome, it is interpreted according to the laws of South Korea, and international laws do not apply. Judicial procedures excluded from the arbitration agreement specified in Article 15 (except for small claims actions) must be initiated in Seoul, South Korea, unless both parties agree otherwise on another jurisdiction. You and Wehome agree that Seoul, South Korea, is the legal venue and that such courts have personal jurisdiction.

14. Miscellaneous

14.1 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 Wehome and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Wehome 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.

14.2 No Waiver. Wehome’ 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.

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

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

15. 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 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).

15.1 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.

15.2 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.

15.3 You represent and warrant to us that: (i) you are duly organized, validly existing and in good standing under the laws of the country in which 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.

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

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

15.6 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.