Terms and conditions
Hoocay Guest Refund Policy
Last Updated: August 7, 2017
These terms and conditions govern Hoocay’s policy for Guest refunds (“Guest Refund Policy”) and the obligations of the Host associated with the Guest Refund Policy. The Guest Refund Policy applies in addition to Hoocay’s Terms of Service (“Hoocay Terms”). The Guest Refund Policy is available to Guests who book and pay for an Accommodation through the Hoocay Platform and suffer a Travel Issue (as defined below). The Guest’s rights under this Guest Refund Policy will supersede the Host’s cancellation policy.
All capitalized terms shall have the meaning set forth in the Hoocay Terms or Payments Terms unless otherwise defined in this Guest Refund Policy.
By using the Hoocay Platform as a Host or Guest, you are indicating that you have read and that you understand and agree to be bound by this Guest Refund Policy.
1. Travel Issue
A “Travel Issue” means any one of the following:
(a) the Host of the Accommodation (i) cancels a booking shortly before the scheduled start of the booking, or (ii) fails to provide the Guest with the reasonable ability to access the Accommodation (e.g. does not provide the keys and/or a security code).
(b) the Listing’s description or depiction of the Accommodation is materially inaccurate with respect to:
• the size of the Accommodation (e.g., number and size of the bedroom, bathroom and/or kitchen or other rooms),
• whether the booking for the Accommodation is for an entire home, private room or shared room, and whether another party, including the Host, is staying at the Accommodation during the booking,
• special amenities or features represented in the Listing are not provided or do not function, such as decks, pools, hot tubs, bathrooms (toilet/shower/bathtub), kitchen (sink/stove/refrigerator or major other appliances), and electrical, heating or air condition systems, or
• the physical location of the Accommodation (proximity)
(c) at the start of the Guest’s booking, the Accommodation: (i) is not generally clean and sanitary (ii) contains safety or health hazards that would be reasonably expected to adversely affect the Guest’s stay at the Accommodation in Hoocay’s judgment, (iii) does not contain clean bedding and bathroom towels available for the Guest’s use, or (iv) has vermin or contains pets not disclosed in the Listing.
2. The Guest Refund Policy
If you are a Guest and suffer a Travel Issue, we agree, at our discretion, to either (i) reimburse you up to the amount paid by you through the Hoocay Platform (“Total Fees”) depending on the nature of the Travel Issue suffered, or (ii) use our reasonable efforts to find and book you another Accommodation for any unused nights left in your booking which is reasonably comparable to the Accommodation described in your original booking in terms of size, rooms, features and quality. All determinations of Hoocay with respect to the Guest Refund Policy, including without limitation the size of any refund and the comparability of alternate Accommodations, shall be in Hoocay’s discretion, and final and binding on the Guests and Hosts.
3. Conditions to Claim a Travel Issue
To submit a valid claim for a Travel Issue and receive the benefits with respect to your booking, you are required to meet each of the following conditions:
(a) you must be the Guest that booked the Accommodation;
(b) you must bring the Travel Issue to our attention in writing or via telephone and provide us with information (including photographs or other evidence) about the Accommodation and the circumstances of the Travel Issue within 24 hours after the later of (i) the start of your booking or (ii) you discover the existence of the Travel Issue , and must respond to any requests by us for additional information or cooperation on the Travel Issue;
(c) you must not have directly or indirectly caused the Travel Issue (through your action, omission or negligence); and
(d) unless Hoocay advises you that the Travel Issue cannot be remediated, you must have used reasonable efforts to try to remedy the circumstances of the Travel Issue with the Host prior to making a claim for a Travel Issue.
4. Minimum Quality Standards, Host Responsibilities and Reimbursement to Guest
4.1 If you are a Host, you are responsible for ensuring that the Accommodations you list on the Hoocay Platform meet minimum quality standards regarding access, adequacy of the Listing description, safety, cleanliness, and do not present a Guest with Travel Issues. During a Guest’s stay at an Accommodation, Hosts should be available, or make a third-party available, in order to try, in good faith, to resolve any Guest issues.
4.2 If you are a Host, and if (i) Hoocay determines that a Guest has suffered a Travel Issue related to an Accommodation listed by you and (ii) Hoocay either reimburses that Guest (up to their Total Fees) or provides an alternative Accommodation to the Guest, you agree to reimburse Hoocay up to the amount paid by Hoocay within 30 days of Hoocay’s request. If the Guest is relocated to an alternative Accommodation, you also agree to reimburse Hoocay for reasonable additional costs incurred to relocate the Guest. You authorize Hoocay Payments to collect any amounts owed to Hoocay by reducing your Payout or as otherwise permitted pursuant to the Payments Terms.
4.3 As a Host, you understand that the rights of Guests under this Guest Refund Policy will supersede your selected cancellation policy. If you dispute the Travel Issue, you may notify us in writing or via telephone and provide us with information (including photographs or other evidence) disputing the claims regarding the Travel Issue, provided you must have used reasonable and good faith efforts to try to remedy the Travel Issue with the Guest prior to disputing the Travel Issue claim.
5. General Provisions
5.1 Modification or Termination. Hoocay reserves the right to modify or terminate this Guest Refund Policy, at any time, in its sole discretion. If Hoocay modifies this Guest Refund Policy, we will post the modification on the Hoocay Platform or provide you with notice of the modification and Hoocay will continue to process all claims for Travel Issues made prior to the effective date of the modification.
5.2 Entire Agreement. This Guest Refund Policy constitutes the entire and exclusive understanding and agreement between Hoocay and you regarding the Guest Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between Hoocay and you regarding the Guest Refund Policy.
6. Contacting Hoocay. If you have any questions about the Guest Refund Policy, please email us.
Our Commitment to Inclusion and Respect
We are all committed to doing everything we can to help eliminate all forms of unlawful bias, discrimination, and intolerance from our platform. We want to promote a culture within the Hoocay community—hosts, guests and people just considering whether to use our platform—that goes above and beyond mere compliance. To that end, all of us, Hoocay employees, hosts and guests alike, agree to read and act in accordance with the following policy to strengthen our community and realize our mission of ensuring that everyone can belong, and feels welcome, anywhere.
• Inclusion – We welcome guests of all backgrounds with authentic hospitality and open minds. Joining Hoocay, as a host or guest, means becoming part of a community of inclusion. Bias, prejudice, racism, and hatred have no place on our platform or in our community. While hosts are required to follow all applicable laws that prohibit discrimination based on such factors as race, religion, national origin, and others listed below, we commit to do more than comply with the minimum requirements established by law.
• Respect – We are respectful of each other in our interactions and encounters. Hoocay appreciates that local laws and cultural norms vary around the world and expects hosts and guests to abide by local laws, and to engage with each other respectfully, even when views may not reflect their beliefs or upbringings. Hoocay’s members bring to our community an incredible diversity of background experiences, beliefs, and customs. By connecting people from different backgrounds, Hoocay fosters greater understanding and appreciation for the common characteristics shared by all human beings and undermines prejudice rooted in misconception, misinformation, or misunderstanding.
Race, Color, Ethnicity, National Origin, Religion, Sexual Orientation, Gender Identity, or Marital Status
• Hoocay hosts may not:
◦ Decline a guest based on race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
◦ Impose any different terms or conditions based on race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
◦ Post any listing or make any statement that discourages or indicates a preference for or against any guest on account of race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
• Hoocay hosts may not:
◦ Decline to rent to a guest based on gender unless the host shares living spaces (for example, bathroom, kitchen, or common areas) with the guest.
◦ Impose any different terms or conditions based on gender unless the host shares living spaces with the guest.
◦ Post any listing or make any statement that discourages or indicates a preference for or against any guest on account of gender, unless the host shares living spaces with the guest.
• Hoocay hosts may:
◦ Make a unit available to guests of the host’s gender and not the other, where the host shares living spaces with the guest.
• Hoocay hosts may not:
◦ Decline a guest based on any actual or perceived disability.
◦ Impose any different terms or conditions based on the fact that the guest has a disability.
◦ Substitute their own judgment about whether a unit meets the needs of a guest with a disability for that of the prospective guest.
◦ Inquire about the existence or severity of a guest’s disability, or the means used to accommodate any disability. If, however, a potential guest raises his or her disability, a host may, and should, discuss with the potential guest whether the listing meets the potential guest’s needs.
◦ Prohibit or limit the use of mobility devices.
◦ Charge more in rent or other fees for guests with disabilities.
◦ Post any listing or make any statement that discourages or indicates a preference for or against any guest on account of the fact that the guest has a disability.
◦ Refuse to communicate with guests through accessible means that are available, including relay operators (for people with hearing impairments) and e-mail (for people with vision impairments using screen readers).
◦ Refuse to provide reasonable accommodations, including flexibility when guests with disabilities request modest changes in your house rules, such as bringing an assistance animal that is necessary because of the disability, or using an available parking space near the unit. When a guest requests such an accommodation, the host and the guest should engage in a dialogue to explore mutually agreeable ways to ensure the unit meets the guest’s needs.
• Hoocay hosts may:
◦ Provide factually accurate information about the unit’s accessibility features (or lack of them), allowing for guests with disabilities to assess for themselves whether the unit is appropriate to their individual needs.
• Hoocay hosts may:
◦ Except as noted above, Hoocay hosts may decline to rent based on factors that are not prohibited by law. For example, except where prohibited by law, Hoocay hosts may decline to rent guests with pets, or to guests who smoke.
◦ Require guests to respect restrictions on foods consumed in the listing (e.g., a host who maintains a Kosher or vegetarian kitchen may require guests to respect those restrictions).
◦ Nothing in this policy prevents a host from turning down a guest on the basis of a characteristic that is not protected under the civil rights laws or closely associated with a protected class. For example, an Hoocay host may turn down a guest who wants to smoke in a unit, or place limits on the number of guests in a unit.
When guests are turned down. Hosts should keep in mind that no one likes to be turned down. While a host may have, and articulate, lawful and legitimate reasons for turning down a potential guest, it may cause that member of our community to feel unwelcome or excluded. Hosts should make every effort to be welcoming to guests of all backgrounds. Hosts who demonstrate a pattern of rejecting guests from a protected class (even while articulating legitimate reasons), undermine the strength of our community by making potential guests feel unwelcome, and Hoocay may suspend hosts who have demonstrated such a pattern from the Hoocay platform.
Some countries or communities may allow or even require people to make accommodation distinctions based on, for example, marital status, national origin, gender or sexual orientation, in violation of our general nondiscrimination philosophy. In these cases, we do not require hosts to violate local laws, nor to accept guests that could expose the hosts to a real and demonstrable risk of arrest, or physical harm to their persons or property. Hosts who live in such areas should set out any such restriction on their ability to host particular guests in their listing, so that prospective guests are aware of the issue and Hoocay can confirm the necessity for such an action. In communicating any such restrictions, we expect hosts to use clear, factual, non-derogatory terms. Slurs and insults have no place on our platform or in our community.
What happens when a host does not comply with our policies in this area?
If a particular listing contains language contrary to this nondiscrimination policy, the host will be asked to remove the language and affirm his or her understanding and intent to comply with this policy and its underlying principles. Hoocay may also, in its discretion, take steps up to and including suspending the host from the Hoocay platform.
If the host improperly rejects guests on the basis of protected class, or uses language demonstrating that his or her actions were motivated by factors prohibited by this policy, Hoocay will take steps to enforce this policy, up to and including suspending the host from the platform.
As the Hoocay community grows, we will continue to ensure that Hoocay’s policies and practices align with our most important goal: To ensure that guests and hosts feel welcome and respected in all of their interactions using the Hoocay platform. The public, our community, and we ourselves, expect no less than this.
Payments Terms of Service
Please read these Payments Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By using the Payment Services, you agree to comply with and be bound by these Payments Terms of Service.
Please note: Section 22 of these Payments Terms of Service contains an arbitration clause and class action waiver that applies to all Hoocay Members. By accepting these Payments Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
Last Updated: April 16, 2018
These Payments Terms of Service (“Payments Terms”) constitute a legally binding agreement (“Agreement”) between you and Hoocay Payments governing the Payment Services (defined below) conducted through or in connection with the Hoocay Platform.
When these Payments Terms mention “Hoocay Payments,” “we,” “us,” or “our,” it refers to the Appscraft Sdn Bhd company you are contracting with for Payment Services.
Table of Contents
1 Scope and Use of the Payment Services
2 Key Definitions
3 Modification of these Payments Terms
4 Eligibility, Member Verification
5 Account Registration
6 Payment Methods and Payout Methods
7 Financial Terms for Hosts
8 Financial Terms for Guests
9 Appointment of Hoocay Payments as Limited Payment Collection Agent
10 General Financial Terms
11 Security Deposits
12 Currency Conversion
13 Abandoned Property
14 Prohibited Activities
15 Intellectual Property Ownership, Rights Notices
20 Termination, Suspension, and other Measures
21 Applicable Law and Jurisdiction
22 Dispute Resolution and Arbitration Agreement
23 General Provisions
24 Additional Clauses for Users Contracting with Hoocay Payments (Malaysia)
25 Contacting Hoocay Payments
1. Scope and Use of the Payment Services
1.1 Hoocay Payments provides payments services to Members, including payment collection services, payments and payouts, in connection with and through the Hoocay Platform (“Payment Services”).
1.2 Hoocay Payments may restrict the availability of the Payment Services, or certain services or features thereof, to carry out maintenance measures that ensure the proper or improved functioning of the Payment Services. Hoocay Payments may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time.
1.3 The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms and conditions and privacy practices and Members should review them independently. Hoocay Payments is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Hoocay Payments of such Third-Party Services.
1.4 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 for 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. Key Definitions
“Payment Method” means a financial instrument that you have added to your Hoocay Account, such as a credit card, debit card, or PayPal account.
“Payout Method” means a financial instrument that you have added to your Hoocay Account, such as a PayPal account, direct deposit, a prepaid card, or a debit card (where available).
3. Modification of these Payments Terms
Hoocay Payments reserves the right to modify these Payments Terms at any time in accordance with this provision. If we make changes to these Payments Terms, we will post the revised Payments Terms on the Hoocay Platform and update the “Last Updated” date at the top of these Payments Terms. We will also provide you with notice by email of the modification at least thirty (30) days before the date they become effective. We will inform you about your right of refusal and your right to terminate this Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued use of the Payment Services will constitute acceptance of the revised Payments Terms.
4. Eligibility, Member Verification
4.1 You must be at least 18 years old and able to enter into legally binding contracts to use the Payment Services. By using the Payment Services you represent and warrant that you are 18 or older.
4.2 If you are agreeing to these Payments Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Payments Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
4.3 Hoocay Payments may make access to and use of certain areas or features of the Payment Services subject to certain conditions or requirements, such as completing a verification process or meeting specific eligibility criteria.
4.4 We may make inquiries we consider necessary to help verify or check your identity or prevent fraud. Towards this end, you authorize Hoocay Payments to screen you against third party databases or other sources and request reports from service providers. In some jurisdictions, we have a legal obligation to collect identity information to comply with anti-money laundering regulations. This may include (i) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; (ii) requiring you to take steps to confirm ownership of your email address, Payment Methods or Payout Methods; or (iii) attempting to screen your information against third-party databases. Hoocay Payments reserves the right to close, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
5. Account Registration
5.1 In order to use the Payment Services, you must have an Hoocay Account in good standing. If you or Hoocay closes your Hoocay Account for any reason, you will no longer be able to use the Payment Services.
5.2 You may authorize a third party to use your Hoocay Account in accordance with the Hoocay Terms. You acknowledge and agree that anyone you authorize to use your Hoocay Account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.
6. Payment Methods and Payout Methods
6.1 When you add a Payment Method or Payout Method to your Hoocay Account, you will be asked to provide customary billing information such as name, billing address, and financial instrument information either to Hoocay Payments or its third-party payment processor(s). You must provide accurate, current, and complete information when adding a Payment Method or Payout Method, and it is your obligation to keep your Payment Method and Payout Method up-to-date at all times. The information required for Payout Methods will depend on the particular Payout Method and may include:
• your residential address, name on the account, account type, routing number, account number,email address, payout currency, and account information associated with a particular payment processor.
6.2 When you add or use a new Payment Method, Hoocay Payments may verify the Payment Method by authorizing a nominal amount or by authenticating your account via a third-party payment service provider. For further verification, we may also (i) authorize your Payment Method for one or two additional nominal amounts,and ask you to confirm these amounts, or (ii) require you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payout Method. When you add a Payment Method during checkout, we will automatically save that Payment Method to your Hoocay Account so it can be used for a future transaction.
6.3 Please note that Payment Methods and Payout Methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing payments and Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and Hoocay Payments is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method or Payout Method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your Payment Method or Payout Method.
6.4 You authorize Hoocay Payments to store your Payment Method information and charge your Payment Method as outlined in these Payments Terms. 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 partner or your bank and update your Payment Method on file in your Hoocay Account.
6.5 You are solely responsible for the accuracy and completeness of your Payment Method and Payout Method information. Hoocay Payments is not responsible for any loss suffered by you as a result of incorrect Payment Method or Payout Method information provided by you.
7. Financial Terms for Hosts
Generally speaking, Hoocay Payments will collect the Total Fees from a Guest at the time the Guest’s booking request is accepted by the host, or at any other time mutually agreed between the Guest and Hoocay Payments.
7.2.1 The time it takes to receive Payouts once released by Hoocay Payments may depend upon the claim you request on host account and it will take about three (3) working days to credit in host account. Hoocay Payments may delay or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation.
7.2.2 In the event of a Guest’s cancellation of a confirmed booking, Hoocay Payments will remit a Payout of any portion of the Total Fees due to you under the applicable cancellation policy.
7.2.3 For compliance or operational reasons, Hoocay Payments may limit the value of each individual Payout. If you are due an amount above that limit, Hoocay Payments may initiate a series of Payouts (potentially over multiple days) in order to provide your full payout amount.
8. Financial Terms for Guests
8.1 You authorize Hoocay Payments to charge your Payment Method the Total Fees for any booking requested in connection with your Hoocay Account. Hoocay Payments will collect the Total Fees in the manner agreed between you and Hoocay Payments via the Hoocay Platform. Hoocay Payments will generally collect the Total Fees after the Host accepts your booking request. Hoocay Payments may offer alternative options for the timing and manner of payment. For example, in some cases, Guests may be required to pay or have the option to pay for Host Services in multiple installments. Once the payment transaction for your requested booking is successfully completed, you will receive a confirmation email.
8.2 When you request to book a Listing, Hoocay Payments may also (i) obtain a pre-authorization via your Payment Method for the Total Fees,(ii) charge or authorize your Payment Method a nominal amount, to verify your Payment Method, or (iii) authenticate your account via a third-party payment service provider to verify your Payment Method.
8.3 If a requested booking is cancelled 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 Hoocay Payments will be refunded to you(excluding service fees), 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.
8.4 You authorize Hoocay Payments to perform the Payment Method verifications described in Sections 6 and 8, and to charge your Payment Method for any bookings made in connection with your Hoocay Account. You hereby authorize Hoocay Payments to collect any amounts due,by charging the Payment Method provided at checkout, either directly by Hoocay Payments or indirectly, via a third-party online payment processor, and/or by one or more of the payment methods available on the Hoocay Platform.
9. Appointment of Hoocay Payments as Limited Payment Collection Agent
9.1 Each Member collecting payment for services provided via the Hoocay Platform (such as Host Services,Co-Host Services, or certain transactions facilitated through the Resolution Center) (“Providing Member”) hereby appoints Hoocay Payments as the Providing Member’s payment collection agent solely for the limited purpose of accepting funds from Members purchasing such services (“Purchasing Members”).
9.2 Each Providing Member agrees that payment made by a Purchasing Member through Hoocay Payments, shall be considered the same as a payment made directly to the Providing Member, and the Providing Member will provide the purchased services to the Purchasing Member in the agreed-upon manner as if the Providing Member has received the payment directly from the Purchasing Member. Each Providing Member agrees that Hoocay Payments may refund the Purchasing Member in accordance with the Hoocay Terms. Each Providing Member understands that Hoocay Payments’ obligation to pay the Providing Member is subject to and conditional upon successful receipt of the associated payments from Purchasing Members. Hoocay Payments guarantees payments to Providing Members only for such amounts that have been successfully received by Hoocay Payments from Purchasing Members in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Providing Member, Hoocay Payments assumes no liability for any acts or omissions of the Providing Member.
9.3 Each Purchasing Member acknowledges and agrees that, notwithstanding the fact that Hoocay Payments is not a party to the agreement between you and the Providing Member, Hoocay Payments acts as the Providing Member’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Providing Member. Upon your payment of the funds to Hoocay Payments, your payment obligation to the Providing Member for the agreed upon amount is extinguished, and Hoocay Payments is responsible for remitting the funds to the Providing Member in the manner described in these Payments Terms, which constitute Hoocay Payments’ agreement with the Purchasing Member. In the event that Hoocay Payments does not remit any such amounts, the Providing Member will have recourse only against Hoocay Payments and not the Purchasing Member directly.
10. General Financial Terms
Hoocay Payments may charge fees for use of certain Payment Services and any applicable fees will be disclosed to Members via the Hoocay Platform.
10.2 Payment Authorizations
You authorize Hoocay Payments to collect from you amounts due pursuant to these Payment Terms or the Hoocay Terms.
Specifically, you authorize Hoocay Payments to collect from you:
• Any amount due to Hoocay (e.g., as a result of your bookings, Booking Modifications, cancellations, or other actions as a Guest, Co-Payer, Host or Co-Host or user of the Hoocay Platform), including reimbursement for costs prepaid by Hoocay on your behalf, by charging any Payment Method on file in your Hoocay Account (unless you have previously removed the authorization to charge such Payment Method(s)) or by withholding such amounts from your future Payouts. Any funds collected by Hoocay Payments will set off the amount owed by you to Hoocay and extinguish your obligation to Hoocay.
• Any amount due to a Providing Member from a Purchasing Member which Hoocay collects as the Providing Member’s payment collection agent as further set out in Section 9 above.
• Any amount paid through the Resolution Center in connection with your Hoocay Account. Hoocay Payments may do so by charging the Payment Method associated with the relevant booking, or any other Payment Method on file in your Hoocay Account (unless you have previously removed the authorization to charge such Payment Method(s)), or by withholding the amount from your future Payouts.
• Any Service Fees or cancellation fees imposed pursuant to the Hoocay Term (e.g., if, as a Host, you cancel a confirmed booking). Hoocay Payments will be entitled to recover the amount of any such fees from you, including by subtracting such refund amount out from any future Payouts due to you.
• Fees improperly paid to you as a Host or Co-Host. If, as a Host or Co-Host, your Guest cancels a confirmed booking or Hoocay decides that it is necessary to cancel a confirmed booking, and Hoocay issues a refund to the Guest or other applicable cancellation policy, you agree that in the event you have already been paid, Hoocay Payments will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you.
• Fees, costs and/or expenses associated with a Damage Claim, including any Security Deposit. If Hoocay Payments is unable to collect from your Payment Method used to make the booking, you agree that Hoocay Payments may charge any other Payment Method on file in your Hoocay Account at the time of the Damage Claim (unless you have previously removed the authorization to charge such Payment Method(s)). Hoocay Payments also reserves the right to otherwise collect payment from you and pursue any remedies available to Hoocay Payments in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Hosts.
In addition to any amount due as outlined above, if there are delinquent amounts or charge backs associated with your Payment Method, you may be charged fees that are incidental to our collection of these delinquent amounts and charge backs. Such fees or charges may include collection fees, convenience fees or other third-party charges.
11.1 Any refunds or credits due to a Member pursuant to the Hoocay Terms will be initiated and remitted by Hoocay Payments.
11.2 All refunds may be subject to the Hoocay Terms, and Guest Refund Policy. If a Guest or Hoocay decides for any reason to cancel a confirmed booking pursuant to the Hoocay Terms, Guest Refund Policy, you agree that Hoocay Payments will not have any liability for such cancellations or refunds aside from its obligations to remit refunds or Payouts pursuant to these Payments Terms.
12. Prohibited Activities
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, agreements with third parties, third-party rights, or the Hoocay Terms, Policies.
• 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 Hoocay 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 Hoocay Payments or any of Hoocay Payments’ 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.
13. Intellectual Property Ownership, Rights Notices
13.1 The Payment Services are protected by copyright, trademark, and other laws of Malaysia. You acknowledge and agree that the Payment Services, including all associated intellectual property rights, are the exclusive property of Hoocay, Hoocay Payments and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Payment Services. All trademarks, service marks, logos, trade names, and any other proprietary designations of Hoocay or Hoocay Payments used on or in connection with the Payment Services are trademarks or registered trademarks of Hoocay or Hoocay Payments in Malaysia. Trademarks, service marks, logos, trade names, and any other proprietary designations of third parties used on or in connection with Payment Services are used for identification purposes only and may be the property of their respective owners.
13.2 You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Payment Services, except as expressly permitted in these Payments Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Hoocay, Hoocay Payments, or its licensors, except for the licenses and rights expressly granted in these Payments Terms.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Payment Services (“Feedback”). You may submit Feedback by emailing us, through the “Contact” section of the Hoocay Platform, or pursuant to Section 25 (“Contacting Hoocay Payments”). Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
15.1 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.
15.2 Notwithstanding Hoocay Payments’ appointment as the limited payment collection agent of Providing Members for the purposes of accepting payments from Purchasing Members through the Hoocay Platform, Hoocay Payments explicitly disclaims all liability for any act or omission of any Member or other third party. Hoocay Payments does not have any duties or obligations as agent for each Providing Member 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.
15.3 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.
15.4 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.
You agree to release, defend (at Hoocay Payments’ option), indemnify, and hold Hoocay Payments 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) Hoocay Payments’ Collection and Remittance of Occupancy Taxes; or (iv) your breach of any laws, regulations, or third-party rights.
17. Termination, Suspension, and other Measures
17.1 You may terminate this Agreement at any time by sending us an email, or by following the termination procedures specified in the Hoocay Terms. Terminating this Agreement will also serve as notice to cancel your Hoocay Account pursuant to the Hoocay Terms. If you cancel your Hoocay Account as a Host, Hoocay Payments will provide a full refund to any Guests with confirmed booking(s). If you cancel your Hoocay Account as a Guest, Hoocay Payments will initiate a refund for any confirmed booking(s) based on the Listing’s cancellation policy.
17.2 Without limiting our rights specified below, Hoocay Payments may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address
17.3 Hoocay Payments may immediately, without notice terminate this Agreement 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) Hoocay Payments believes in good faith that such action is reasonably necessary to protect other Members, Hoocay, Hoocay Payments, or third parties (for example in the case of fraudulent behavior of a Member).
17.4 In addition, Hoocay Payments 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, or if (ii) you have breached these Payments Terms, the Hoocay Terms, applicable laws, regulations or third-party rights, (iii) you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, or (iv) Hoocay Payments believes in good faith that such action is reasonably necessary to protect the personal safety or property of Hoocay, its Members, Hoocay Payments, or third parties, or to prevent fraud or other illegal activity.
17.5 In case of non-material breaches and where appropriate, you will be given notice of any measure by Hoocay Payments and an opportunity to resolve the issue to Hoocay Payments' reasonable satisfaction.
17.6 If you are a Host and we take any of the measures described in this Section we may refund your Guests in full for any and all confirmed bookings, irrespective of preexisting cancellation policies, and you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
17.7 If your access to or use of the Payment Services has been limited or this Agreement has been terminated by us, you may not register a new Hoocay Account or attempt to access and use the Payment Services through other an Hoocay Account of another Member.
18. Contacting Hoocay Payments
You may contact Hoocay Payments regarding the Payment Services using the information below:
Entity Contact Information
Appscraft Sdn Bhd No 8 USJ 11/3 J UEP
These Payments Terms are available at www.Hoocay/terms/payments_terms. Hoocay Payments will provide a copy of these Payments Terms on your request. If you have any questions about these Payments Terms, please email us.