Terms and Conditions

Last Updated: January 11, 2025

These Terms and Conditions ("Terms") govern your use of the Homie platform ("Service"), which connects clients seeking cleaning services ("Clients") with independent service agents ("Service Agents"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service.

1. Definitions

"Homie" or "Platform": Refers to the online service provided by K2024249025 (SOUTH AFRICA) that facilitates the connection between Clients and Service Agents for cleaning services.
"Client": Any individual or entity that registers on the Platform to request cleaning services.
"Service Agent": Any independent contractor, freelancer, or professional who registers on the Platform to offer cleaning services.
"User": A collective term including both Clients and Service Agents.
"Agreement": Refers to these Terms and any additional policies, procedures, or rules that are incorporated by reference.
"Services": The cleaning services provided by Service Agents and facilitated by the Platform, including scheduling, payment processing, and reviews.

2. General Provisions

2.1 Acceptance of Terms

By accessing or using the Homie Service, you agree to be bound by these Terms, including any modifications, and any additional terms disclosed on the Platform. Your continued use of the Service constitutes your acceptance of all changes made to the Terms.

2.2 Modification of Terms

Homie reserves the right to modify, amend, or update these Terms at any time. You will be notified of significant changes via email or through an announcement on the Platform. Your continued use of the Service after any modifications signifies your acceptance of the updated Terms.

2.3 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute arising from your use of the Service shall be subject to the exclusive jurisdiction of the courts in South Africa.

2.4 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.

3. Registration and Account

3.1 Eligibility

Clients: Must be at least 18 years old and legally capable of entering into binding contracts under South African law.
Service Agents: Must possess any required licenses, permits, or certifications necessary to perform cleaning services in their operating region and must be of legal age as defined by South African law. Must be legally authorized to work in South Africa.

3.2 Account Creation

Users are required to register an account on the Platform. By registering, you agree to:

Provide accurate, current, and complete information including valid South African identification.
Maintain and update your profile information as necessary.
Keep your account credentials (e.g., username, password) secure and confidential.
Immediately notify Homie of any unauthorized use of your account.
Accept responsibility for all activities that occur under your account.

3.3 Account Termination

Homie reserves the right to suspend or terminate any account for any reason, including for violation of these Terms, engaging in fraudulent or illegal activities, or failure to comply with verification requirements. Upon termination, your right to use the Service will cease immediately.

4. Client-Specific Terms

4.1 Service Requests

Request Submission: Clients may submit service requests through the Platform. When doing so, Clients must provide all necessary details to allow Service Agents to understand the scope and requirements of the service.
Agreement with Service Agents: Upon acceptance of a service request by a Service Agent, a binding agreement is formed between the Client and the Service Agent. Homie is not a party to this agreement and acts solely as a facilitator.
Modifications and Cancellations: Clients may modify or cancel service requests subject to any cancellation policies published on the Platform. Cancellations made less than 24 hours before the scheduled service may incur cancellation fees.

4.2 Payment Terms (Clients)

Payment Processing: Payments for cleaning services are processed through the Platform using secure third-party payment processors. Clients agree to provide valid payment information.
Fees and Charges: The total service fee (including any applicable VAT, surcharges, or convenience fees) will be detailed before payment. All prices are displayed in South African Rand (ZAR).
Refunds and Disputes: In cases of service dissatisfaction or disputes, Clients must follow the dispute resolution process outlined in Section 8. Refunds are subject to our satisfaction guarantee policy.
Platform Fee: Homie charges a service fee for facilitating the connection between Clients and Service Agents, which is included in the total price displayed.

4.3 Client Conduct

Clients agree to:

Provide accurate information regarding the service location and requirements.
Treat Service Agents with respect and courtesy during service delivery.
Ensure safe access to the property and inform Service Agents of any potential hazards.
Be present or provide secure access to the property during the scheduled service time.
Promptly pay for services rendered through the Platform.
Refrain from any conduct that might harm the reputation or operation of Homie or its users.
Not engage in direct payment arrangements with Service Agents outside the Platform.

5. Service Agent-Specific Terms

5.1 Onboarding and Verification

Registration Requirements: Service Agents must provide all necessary personal and professional information as part of the onboarding process, including valid South African identification and proof of legal work authorization.
Verification Process: Homie reserves the right to verify the credentials, background, and experience of Service Agents through third-party verification services. This may include criminal background checks and reference verification.
Insurance and Liability: Service Agents are strongly encouraged to maintain appropriate public liability insurance. Homie may require proof of insurance coverage.

5.2 Service Provision

Independent Contractor Status: Service Agents are independent contractors and not employees, partners, or agents of Homie. This Agreement does not create any employment relationship or partnership between the parties.
Service Quality and Standards: Service Agents agree to perform cleaning services in a professional, timely, and workmanlike manner in accordance with industry standards and any guidelines specified by Homie.
Equipment and Supplies: Service Agents are responsible for providing their own cleaning equipment and supplies unless otherwise agreed with the Client.
Interaction with Clients: Service Agents are responsible for communicating professionally with Clients regarding service details, scheduling, and any potential issues.

5.3 Payment Terms (Service Agents)

Compensation: Service Agents will receive payments as agreed upon when accepting service requests, minus Homie's platform fee. Payments are processed according to the payment schedule outlined in the Platform.
Platform Fee: Homie deducts a service fee or commission from the Service Agent's earnings. The current commission rate is clearly displayed on the Platform and may be updated with reasonable notice.
Tax Responsibilities: Service Agents are solely responsible for the payment of any taxes arising from their income, including VAT registration if applicable. Service Agents must comply with all South African tax obligations.
Payment Processing: Payments are processed through secure third-party payment processors and transferred to Service Agents' designated bank accounts within 3-5 business days after service completion.

5.4 Service Agent Conduct and Obligations

Service Agents agree to:

Maintain a professional demeanor when interacting with Clients.
Arrive punctually for scheduled appointments and notify Clients of any delays.
Respect Client property and maintain confidentiality regarding Client premises and personal information.
Adhere to any scheduling, dress code, or conduct standards established by Homie.
Report any issues, complaints, or service failures to Homie in a timely manner.
Maintain appropriate personal hygiene and professional appearance.
Comply with all applicable health and safety regulations.
Not engage in direct payment arrangements with Clients outside the Platform.
Refrain from engaging in any fraudulent, misleading, or harmful activities.

6. Platform Usage and Content

6.1 User-Generated Content

Content Responsibility: Users are responsible for all content they post or share on the Platform, including profiles, reviews, photos, and feedback.
License Grant: By posting content on the Platform, you grant Homie a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, publish, and display such content as needed to operate and promote the Platform.
Content Standards: All content must be accurate, lawful, and not infringe on the rights of others.

6.2 Prohibited Conduct

Users agree not to:

Post content that is defamatory, obscene, threatening, or illegal under South African law.
Engage in harassment, hate speech, or discriminatory behavior based on race, gender, religion, or other protected characteristics.
Infringe upon the intellectual property rights of others.
Use the Platform for any fraudulent or malicious purposes.
Attempt to circumvent the Platform's payment system.
Create fake accounts or impersonate others.
Interfere with the proper functioning of the Platform.
Collect or harvest personal information of other users without consent.

7. Safety and Security

7.1 Safety Measures

Homie implements various safety measures including background checks, identity verification, and user rating systems. However, users acknowledge that they interact with Service Agents at their own risk.

7.2 Incident Reporting

Users must immediately report any safety incidents, property damage, theft, or inappropriate behavior to Homie through the Platform's reporting system or emergency contact information.

8. Dispute Resolution and Claims

8.1 Informal Resolution

In the event of any dispute between a Client and a Service Agent, the parties agree to first attempt informal resolution by contacting Homie's support team within 48 hours of the incident. Homie will mediate and facilitate a solution where possible.

8.2 Formal Dispute Process

If informal resolution fails, disputes may be escalated to formal mediation or arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA), held in Johannesburg, South Africa.

8.3 Limitation on Claims

Any claims or causes of action must be brought within one (1) year of the date of the incident or breach giving rise to the dispute. Claims not brought within this period are forever barred.

9. Disclaimer of Warranties and Limitation of Liability

9.1 Disclaimer of Warranties

General Disclaimer: The Service is provided on an "as-is" and "as available" basis without any warranties, either express or implied. Homie disclaims all warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy of information.
No Guarantee of Service Quality: Homie does not guarantee the quality, safety, or reliability of cleaning services provided by Service Agents. Any dissatisfaction with a Service Agent's performance should be addressed according to the dispute resolution procedures outlined herein.
Third-Party Services: Homie is not responsible for the actions, omissions, or services provided by independent Service Agents.

9.2 Limitation of Liability

Exclusion of Damages: To the maximum extent permitted by South African law, Homie shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use or inability to use the Service.
Maximum Liability: Homie's total liability, whether in contract, warranty, tort, or otherwise, shall not exceed the total platform fees paid by the user in the 12 months preceding the claim.
Property Damage: Homie is not liable for any property damage, theft, or loss that may occur during the provision of cleaning services.

10. Indemnification

Users agree to indemnify, defend, and hold harmless Homie, its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

Their use of the Service;
Any violation of these Terms;
Any breach of representations or warranties made herein;
Their interactions with other users;
Any content they post on the Platform;
Any services provided or received through the Platform.

11. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, which is incorporated by reference into these Terms. Users agree to the collection, use, and disclosure of personal information as described in the Privacy Policy, in compliance with the Protection of Personal Information Act (POPIA) of South Africa.

12. Intellectual Property

The Platform and its original content, features, and functionality are and will remain the exclusive property of Homie and its licensors. The Platform is protected by copyright, trademark, and other laws. Users may not reproduce, distribute, modify, or create derivative works of the Platform without express written permission.

13. Termination

Either party may terminate their account at any time. Homie may terminate or suspend access immediately, without prior notice, for conduct that violates these Terms or is harmful to other users, Homie, or third parties, or for any other reason at Homie's sole discretion.

14. Miscellaneous

14.1 No Waiver

Failure by Homie to enforce any provision of these Terms shall not be construed as a waiver of such provision or the right to enforce it.

14.2 Entire Agreement

These Terms, along with the Privacy Policy and any additional policies incorporated by reference, constitute the entire agreement between the parties and supersede all prior and contemporaneous agreements, proposals, and communications.

14.3 Assignment

Users may not assign or transfer their rights under these Terms without Homie's prior written consent. Homie may assign these Terms without restriction.

14.4 Force Majeure

Homie shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, pandemic, or government regulations.

14.5 Contact Information

If you have any questions or concerns about these Terms, please contact us at:

Email: legal@homie.co.za

WhatsApp: +27 79 551 0425

Website: https://homie.co.za

15. Acknowledgment

By using the Homie Platform—whether as a Client or a Service Agent—you confirm that you have read, understood, and agreed to these Terms and Conditions. You also acknowledge that you have read and understood our Privacy Policy.

16. Company Information

Homie is developed and owned by K2024249025 (SOUTH AFRICA), CIPC registration number 2024/249025/07.