Terms of Use

Last Updated: November 14, 2024

1. Acceptance of Terms

Welcome to Homei Hub. These Terms of Use ("Terms") govern your access to and use of the Homei Hub platform, website, and services (collectively, the "Platform") operated by Homei Living Ltd. ("we," "our," or "us"). By accessing or using the Platform, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you may not access or use the Platform. We reserve the right to modify these Terms at any time. Continued use of the Platform after changes constitutes acceptance of the modified Terms.

2. Eligibility and Account Registration

2.1 Business Use Only

The Platform is designed exclusively for business-to-business (B2B) transactions in the building materials industry. You represent that you are:

  • At least 18 years of age
  • Authorized to represent and bind the business entity you register
  • Operating a legitimate business in the construction, building materials, or related industries
  • Compliant with all applicable laws and regulations

2.2 Account Registration

To access certain features, you must create an account. You agree to:

  • Provide accurate, current, and complete registration information
  • Maintain and promptly update your account information
  • Keep your login credentials confidential and secure
  • Notify us immediately of any unauthorized account access
  • Accept responsibility for all activities under your account

2.3 Account Verification

We reserve the right to verify your business credentials, including requesting:

  • Business licenses and permits
  • Tax identification numbers
  • Proof of business address
  • Additional documentation as needed

3. Platform Use and Restrictions

3.1 Permitted Use

You may use the Platform for legitimate business purposes, including:

  • Browsing and searching for building materials products
  • Requesting and managing quotes
  • Placing and tracking orders
  • Communicating with sales representatives
  • Managing your business profile and preferences

3.2 Prohibited Activities

You agree NOT to:

  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights
  • Use the Platform for fraudulent or deceptive purposes
  • Attempt to gain unauthorized access to systems or accounts
  • Transmit viruses, malware, or harmful code
  • Scrape, copy, or download Platform content without permission
  • Interfere with Platform operations or security
  • Impersonate others or misrepresent your identity
  • Resell or redistribute Platform access without authorization
  • Use automated systems (bots, scrapers) without consent

4. Business Transactions and Orders

4.1 Quote Requests

Quote requests submitted through the Platform are non-binding inquiries. Actual pricing, availability, and terms will be confirmed by our sales team.

4.2 Order Placement

When you place an order:

  • You submit an offer to purchase products at the stated price and terms
  • We may accept or reject your order at our discretion
  • Order acceptance creates a binding contract between parties
  • Order confirmation will be sent via email

4.3 Product Information

We strive to provide accurate product descriptions, specifications, and images. However:

  • Product information is subject to change without notice
  • Images may not reflect exact product appearance or color
  • Specifications should be verified before ordering
  • We do not guarantee product availability

4.4 Shipping and Delivery

Shipping terms and responsibilities:

  • Delivery timelines are estimates, not guarantees
  • Title and risk of loss transfer upon delivery
  • You are responsible for inspecting shipments upon receipt
  • Damage claims must be reported within specified timeframes

4.5 Returns and Cancellations

Return and cancellation policies:

  • Returns must be authorized in advance
  • Custom or special orders may not be returnable
  • Restocking fees may apply
  • Cancellation policies vary by order status

5. Pricing and Payment Terms

5.1 Pricing

Regarding pricing:

  • All prices are in USD unless otherwise stated
  • Prices are subject to change without notice
  • Confirmed order prices are honored for that order
  • Pricing may vary based on volume, delivery location, and market conditions
  • Taxes, shipping, and fees are additional unless specified

5.2 Payment Terms

Payment requirements:

  • Payment terms are specified in order confirmations
  • Accepted payment methods vary by customer type
  • Net payment terms require credit approval
  • Late payments may incur interest charges
  • We reserve the right to suspend service for non-payment

5.3 Taxes

You are responsible for all applicable sales, use, and other taxes. If you are tax-exempt, you must provide valid exemption certificates.

6. Platform Role and Distributor Responsibilities

6.1 Platform as Service Provider

Homei Living Ltd. operates the Homei Hub platform as a B2B service provider and management system. We facilitate transactions between our customers (distributors) and their retail customers but are not a party to those transactions.

6.2 Multi-Tier Distribution Model

Our business model operates as follows:

  • Retailers purchase products from Distributors (our customers)
  • Distributors (our customers) purchase products from Homei Hub
  • Homei Hub provides the platform technology and management tools

6.3 Distributor Responsibilities

If you are a distributor using our Platform to sell to retailers, you acknowledge and agree that:

Product Quality and Accuracy:

  • You are solely responsible for the quality, safety, and compliance of all products you sell to your retail customers
  • You must ensure all product information, descriptions, specifications, and images you provide to retailers are accurate, complete, and not misleading
  • You are responsible for verifying product details before listing or selling to retailers
  • Any product defects, quality issues, or non-conformance are your responsibility to address with your retail customers

Pricing Independence:

  • Your retail pricing to your customers is entirely independent and separate from the prices at which you purchase from Homei Hub
  • Homei Hub has no control over, and accepts no responsibility for, the prices you charge to your retail customers
  • You are solely responsible for determining your own pricing strategy, margins, and discounts
  • Any pricing disputes with your retail customers are between you and those customers

Legal Compliance:

  • You must comply with all applicable laws and regulations in your jurisdiction regarding product sales, consumer protection, warranties, and business practices
  • You are responsible for obtaining any necessary licenses, permits, or certifications required to sell products in your market
  • You must provide appropriate warranties, guarantees, and return policies to your retail customers as required by law

Customer Relationships:

  • You are responsible for managing your relationships with your retail customers
  • Any disputes, claims, or issues arising between you and your retail customers are your sole responsibility
  • Homei Hub is not involved in and has no liability for disputes between distributors and their retail customers

Platform Usage:

  • The Platform tools (inventory management, order tracking, retailer portal) are provided for your convenience in managing your business
  • You remain fully responsible for all transactions conducted through the Platform with your retail customers

6.4 Limitation of Platform Liability

Homei Living Ltd.:

  • Does not guarantee or warrant the quality, safety, or legality of products sold by distributors to retailers
  • Has no responsibility for product information accuracy provided by distributors to retailers
  • Is not liable for pricing disputes between distributors and their retail customers
  • Does not mediate or resolve disputes between distributors and retailers
  • Provides the Platform "as is" for distributor use in managing their retail operations

6.5 Indemnification for Distributor Activities

You agree to indemnify and hold harmless Homei Living Ltd. from any claims, damages, losses, or expenses (including legal fees) arising from:

  • Products you sell to your retail customers (quality issues, defects, injuries, or damages)
  • Product information or descriptions you provide to retailers (inaccurate, misleading, or false information)
  • Pricing disputes with your retail customers
  • Your failure to comply with applicable laws in your sales to retailers
  • Any agreements, warranties, or representations you make to your retail customers
  • Disputes or legal actions between you and your retail customers

7. Intellectual Property Rights

7.1 Homei Living Ltd. Property

The Platform and all content, features, and functionality are owned by Homei Living Ltd. and protected by intellectual property laws. This includes:

  • Software, code, and technology
  • Trademarks, logos, and brand elements
  • Product descriptions, images, and specifications
  • Design, layout, and user interface
  • Proprietary data and analytics

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Platform for business purposes in accordance with these Terms. You may not:

  • Copy, modify, or create derivative works
  • Reverse engineer or decompile the Platform
  • Remove copyright or proprietary notices
  • Use our trademarks without written permission

7.3 Feedback

If you provide feedback, suggestions, or ideas about the Platform, we may use them without obligation or compensation to you.

8. User Content and Data

8.1 Your Content

You may upload content such as documents, images, and messages. You represent that:

  • You own or have rights to the content you upload
  • Content does not violate any laws or third-party rights
  • Content does not contain confidential information of others

8.2 License to Use Your Content

By uploading content, you grant us a license to use, store, and process it as necessary to provide Platform services.

8.3 Content Monitoring

We reserve the right to monitor, review, and remove content that violates these Terms or is otherwise objectionable.

9. Warranties and Disclaimers

9.1 Platform "As Is"

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

9.2 Disclaimer of Warranties

We disclaim all warranties, including but not limited to:

  • Merchantability and fitness for a particular purpose
  • Accuracy, reliability, or completeness of information
  • Uninterrupted or error-free service
  • Security or freedom from viruses
  • Product quality, performance, or suitability

9.3 No Professional Advice

Platform content is for informational purposes only and does not constitute professional advice. You should consult with qualified professionals for specific advice.

10. Limitation of Liability

10.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOMEI LIVING LTD. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Lost profits or revenue
  • Business interruption
  • Loss of data or information
  • Loss of business opportunities
  • Costs of substitute products or services

10.2 Liability Cap

Our total liability for any claim arising from these Terms or Platform use shall be zero ($0).

10.3 Basis of the Bargain

These limitations reflect the allocation of risk between parties and are fundamental elements of the basis of the bargain between us.

11. Indemnification

You agree to indemnify, defend, and hold harmless Homei Living Ltd. and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

  • Your violation of these Terms
  • Your use of the Platform
  • Your violation of any laws or third-party rights
  • Content you upload or submit
  • Your business operations or products

12. Termination

12.1 Termination by You

You may terminate your account at any time by contacting us. Termination does not relieve you of obligations for pending orders or outstanding payments.

12.2 Termination by Us

We may suspend or terminate your account immediately, without notice, for:

  • Violation of these Terms
  • Fraudulent or illegal activity
  • Non-payment of amounts owed
  • Harm to other users or the Platform
  • Any reason at our sole discretion

12.3 Effect of Termination

Upon termination:

  • Your right to access the Platform immediately ceases
  • We may delete your account and content
  • Provisions that should survive termination will continue to apply

13. Dispute Resolution

13.1 Informal Resolution

Before initiating formal proceedings, you agree to contact us to attempt to resolve disputes informally.

13.2 Arbitration Agreement

Any dispute arising from these Terms or Platform use shall be resolved through binding arbitration in accordance with the American Arbitration Association's Commercial Arbitration Rules, except as modified by these Terms.

13.3 Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED INDIVIDUALLY, NOT AS PART OF A CLASS ACTION OR CONSOLIDATED PROCEEDING.

13.4 Governing Law

These Terms are governed by the laws of the Province of British Columbia, Canada, without regard to conflict of law principles.

13.5 Venue

Any arbitration shall take place in British Columbia, Canada. Any litigation (if arbitration doesn't apply) must be brought exclusively in the courts located in British Columbia, Canada.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Homei Living Ltd. regarding Platform use.

14.2 Modifications

We may modify these Terms at any time. Changes become effective upon posting. Continued use constitutes acceptance of modified Terms.

14.3 Severability

If any provision is found unenforceable, the remaining provisions will continue in full force and effect.

14.4 Waiver

Failure to enforce any provision does not constitute a waiver of that provision or any other provision.

14.5 Assignment

You may not assign these Terms without our written consent. We may assign these Terms without restriction.

14.6 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

14.7 Export Compliance

You agree to comply with all applicable export and import laws and regulations.

15. Contact Information

If you have questions about these Terms, please contact us:

Homei Living Ltd.

Email: tech@homeiliving.com

Phone: (604) 238-6766

By using the Homei Hub platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.