This Homesick Platform Terms of Service (hereinafter referred to as "this Agreement") is entered into by and between you (hereinafter referred to as "User" or "you") and Shenzhen Pivotown Internet Technology Co., Ltd. (hereinafter referred to as "Homesick" or "the Company").
Important Notice: Please read all terms of this Agreement carefully before using Homesick platform services. By checking "I have read and agree to the Homesick Platform Terms of Service" on the registration page, submitting an order, or otherwise using the platform services, you are deemed to have fully understood and agreed to accept all terms of this Agreement. If you do not agree with any part of this Agreement, please stop using the platform services immediately.
Whereas:
1. Homesick operates a comprehensive service platform for foreigners in China, providing users with business support, cultural experiences, life assistance and other services through websites, mobile applications and other online channels (collectively referred to as "the Platform");
2. The Platform's service models include Homesick self-operated services, platform matchmaking services, and third-party coordination services, with Homesick playing different roles and assuming different responsibility boundaries under each model;
3. User wishes to obtain relevant services through the Platform, and Homesick is willing to provide platform services to User in accordance with this Agreement;
4. To clarify the rights and obligations of both parties and protect the lawful rights and interests of User and Homesick, the parties have reached the following agreement on the principles of equality, voluntariness, and good faith.
Article 1 Definitions
1.1 The Platform
"The Platform" refers to the comprehensive service platform operated by Homesick for foreigners in China, providing business support, cultural experiences, life assistance and other services, including but not limited to the Homesick website, mobile application, WeChat Mini Program, and other online channels designated by Homesick.
1.2 User
"User" refers to any natural person, legal person, or other organization that registers an account, browses information, submits requests, places orders, or uses any service on the Platform.
1.3 Self-Operated Services
"Self-Operated Services" refers to services directly organized, managed, and provided to Users by Homesick, including but not limited to needs assessment, proposal advice, translation coordination, daily accompaniment, and other services that do not require specific professional qualifications.
1.4 Platform Matchmaking Services
"Platform Matchmaking Services" refers to services where Homesick, acting as an information provider and transaction coordinator, establishes connections and facilitates transactions between Users and Helpers, Hosts, or other service providers.
1.5 Third-Party Coordination Services
"Third-Party Coordination Services" refers to services where Homesick, based on User's needs, selects and coordinates qualified third-party professional service providers (including but not limited to law firms, accounting firms, inspection agencies, certification bodies, licensed travel agencies, etc.) to provide professional services to User, with Homesick responsible for project management and process coordination.
1.6 Service Provider
"Service Provider" refers to Helpers, Hosts, individual service providers, studios, professional institutions, and other third-party service providers who have been vetted by Homesick and onboarded onto the Platform to provide services to Users through the Platform.
1.7 Order
"Order" refers to the electronic or written confirmation submitted by User through the Platform for the purchase of specific services, including service content, fees, time, location, and other transaction terms.
Article 2 Scope and Effect of Agreement
2.1 This Agreement constitutes the foundational agreement between User and Homesick regarding the use of Platform services and applies to all activities conducted by User through the Platform.
2.2 Special terms, rules, guidelines, order confirmations, and other documents formulated by Homesick for specific business lines or services (including but not limited to the Homesick Business Services Agreement, Homesick Adventure Booking Terms, Homesick Life Service Terms, Payment, Cancellation and Refund Policy, and Homesick Privacy Policy) are integral parts of this Agreement and have the same legal effect as this Agreement.
2.3 In the event of any inconsistency between special terms and this Agreement, the special terms shall prevail; matters not covered by this Agreement shall be governed by the applicable special terms.
2.4 Homesick reserves the right to modify this Agreement in response to changes in laws and regulations, business adjustments, or operational needs. The modified Agreement will be published on the Platform and shall take effect from the date of publication. User's continued use of Platform services after modification constitutes acceptance of the modified Agreement; if User does not agree with the modifications, User shall cease using Platform services.
Article 3 Account Registration and Management
3.1 Eligibility
User must be a natural person with full capacity for civil conduct, or a legally established and validly existing legal person or other organization. Minors shall use Platform services under the accompaniment of a guardian, and for offline activities, the guardian must sign the relevant confirmation documents.
3.2 Registration Information
User shall provide true, accurate, and complete personal or business information upon registration and promptly update such information when changes occur. User shall ensure that contact information, identification documents, passport details, and other information provided are true and valid. User shall bear the consequences arising from any untrue, inaccurate, or outdated information provided.
3.3 Account Security
User shall properly safeguard account credentials and password and is responsible for all activities under the account. User shall bear any losses resulting from poor safeguarding, voluntary disclosure, or account compromise due to hacking or fraud. User shall immediately notify Homesick upon discovering any unauthorized use or security risk related to the account.
3.4 Account Use Restrictions
User shall not transfer, lend, rent, sell, or otherwise provide the account to any third party. If Homesick discovers abnormal account usage, security risks, or violations of this Agreement, Homesick reserves the right to suspend or terminate the account and pursue relevant liability.
Article 4 Service Models and Responsibility Boundaries
4.1 Self-Operated Services
For Homesick Self-Operated Services, Homesick directly provides services to User and bears service provider liability.
4.2 Platform Matchmaking Services
For Platform Matchmaking Services, Homesick solely provides information publishing, transaction facilitation, and platform management services; the actual services are provided directly by Service Providers to User. Homesick will use reasonable efforts to verify the identity and basic qualifications of Service Providers but does not guarantee the service quality, performance capability, personal and property safety, or service outcomes of Service Providers.
4.3 Third-Party Coordination Services
For Third-Party Coordination Services, Homesick is responsible for needs assessment, third-party selection, project coordination, and process management; however, the actual professional services are provided by qualified third-party professional service institutions. Homesick exercises reasonable due diligence in selecting third-party institutions but does not bear substantive liability for the professional opinions, analytical conclusions, certification results, or service outcomes produced by such third-party institutions.
4.4 Disclosure of Actual Service Provider
Homesick will prominently disclose to User the actual provider of each specific service and its role (self-operated, matchmaking, or third-party coordination) on the order page, in the order confirmation, or before service commencement. User shall carefully review such information before placing an order; placing an order constitutes User's acknowledgment and acceptance of the actual service provider arrangement.
4.5 Independent Status of Service Providers
All Helpers, Hosts, and other Service Providers providing services through the Platform are independent contractors or independent entities and have no employment, labor dispatch, or partnership relationship with Homesick. Service Providers shall bear their own taxes, social insurance, and other statutory obligations and independently assume legal liability arising from their service activities.
Article 5 Orders and Contract Formation
5.1 Placing Orders
By selecting services, confirming order information, and submitting an order through the Platform, User is deemed to have made an offer for services to Homesick or the Service Provider.
5.2 After contract formation, neither party may, without authorization, copy, modify, disseminate, or use the contract for purposes outside the agreed scope.
The time of contract formation shall be determined as follows:
| a | For standard services, the contract is formed when User checks to accept the relevant terms, completes payment, and Homesick or the Service Provider confirms acceptance of the order; |
|---|---|
| b | For customized services, high-value services, or services involving high-risk offline activities, the parties may separately sign special agreements (including but not limited to framework agreements, statements of work, project orders, and risk acknowledgments); if a special agreement is separately signed, the contract is formed on the date of signing by both parties; if no special agreement is separately signed, the contract formation time shall refer to subparagraph (a) above; |
| c | Homesick reserves the right to review User's request before order confirmation and may decline orders for services it cannot provide, with a refund of any amounts already paid. |
5.3 Order Changes
After an order is placed, if User needs to change service content, time, location, or other matters, such changes shall be handled in accordance with the Payment, Cancellation and Refund Policy and applicable special terms; any fee adjustments shall be confirmed in writing by both parties before taking effect.
Article 6 Fees and Payment
6.1 Service Fees
Service prices displayed on the Platform are reference prices; the final fees shall be as stated in the order confirmation or the special agreement signed by both parties.
6.2 Payment Methods
User shall pay service fees through payment channels designated by Homesick. Homesick may engage third-party payment institutions to process payments, and User shall comply with the relevant rules of such payment institutions.
6.3 Taxes and Receipts
Whether fees paid by User are tax-inclusive and the method of issuing invoices or receipts shall be as specified in the order confirmation or special agreement.
6.4 Cancellation and Refunds
Order cancellation, rescheduling, and refunds shall be handled in accordance with the Payment, Cancellation and Refund Policy and applicable special terms.
Article 7 User Conduct
7.1 User Undertakings
When using Platform services, User shall comply with the laws and regulations of the People's Republic of China and this Agreement, and shall not engage in any of the following:
| a | Publishing illegal, non-compliant, false, harassing, defamatory, threatening, discriminatory, or rights-infringing information; |
|---|---|
| b | Impersonating others or fabricating identities, or concealing material facts relevant to the services (including but not limited to health conditions, age, and identification information); |
| c | Attacking, disrupting, or interfering with the normal operation of Platform systems in any manner, or attempting unauthorized access to Platform systems or data; |
| d | Bypassing the Platform to conduct private transactions with Service Providers, or engaging in other acts that harm the lawful rights and interests of Homesick or Service Providers; |
| e | Using Platform services to engage in any illegal or unauthorized activity; |
| f | Harassing, threatening, physically or verbally abusing, or otherwise attacking Service Providers, or making unreasonable demands; |
| g | Photographing, audio-recording, or video-recording Service Providers without authorization, or disseminating their personal information; |
| h | Other acts that violate laws and regulations, this Agreement, or public order and good morals. |
7.2 Violation Handling
If User violates this Article, Homesick may, depending on the severity, take measures including warnings, restricting account functions, suspending services, terminating accounts, and pursuing legal liability; User shall bear full compensation liability for any losses caused to Homesick or third parties.
Article 8 Intellectual Property
8.1 Ownership of Platform Content
All content on the Platform, including but not limited to text, images, audio, video, software, programs, interface design, layout, trademarks, logos, and trade names, is the intellectual property of Homesick or the relevant rights holders and is protected by the laws and regulations of the People's Republic of China.
8.2 Use Restrictions
Except for statutory licenses or fair use, User shall not, without Homesick's written permission, copy, repost, disseminate, modify, adapt, publish, display, mirror, upload, download, or otherwise use Platform content in any manner, nor use it for any commercial purpose.
8.3 User Content
User warrants that it has lawful rights to any content posted or submitted on the Platform (including but not limited to request descriptions, reviews, feedback, and images) and that such content does not infringe any third-party rights. User grants Homesick a non-exclusive, royalty-free, sublicensable license to use, store, and display such content to the extent necessary for providing Platform services.
8.4 Feedback and Suggestions
Homesick is free to use any suggestions, ideas, or feedback provided by User without any obligation to pay compensation or assume any liability to User.
Article 9 Personal Information Protection
9.1 Information Collection and Use
Homesick will collect, use, store, share, and protect User's personal information in accordance with the Homesick Privacy Policy.
9.2 Sensitive Personal Information
For sensitive personal information such as passports, visa documents, medical and health data, financial accounts, and precise location and movement data, Homesick will obtain User's separate consent as required by law and process such information in accordance with the Separate Consent for Sensitive Personal Information Processing.
9.3 Information Sharing
To fulfill the services requested by User, Homesick may need to share User's necessary information with Service Providers or third-party professional institutions. Homesick will require recipients to maintain confidentiality and information protection obligations no less stringent than those set forth in this Agreement and the Homesick Privacy Policy.
9.4 User Rights
User has the right to access, correct, and delete personal information, or withdraw consent and cancel the account, in accordance with the Homesick Privacy Policy.
Article 10 Service Provider Management
10.1 Onboarding Review
When Service Providers onboard the Platform, Homesick will review their identity information, contact details, and necessary qualifications. However, such review does not constitute a guarantee or warranty by Homesick regarding the Service Provider's service quality, performance capability, or safety.
10.2 Service Standards
Service Providers shall provide services in accordance with Platform rules, order terms, and prevailing industry standards, ensuring service quality and User safety.
10.3 Complaint Handling
If User is dissatisfied with a Service Provider's services or a dispute arises, User may file a complaint through the Platform's complaint channels. Homesick will coordinate resolution in accordance with Platform rules but shall not bear joint and several liability for the Service Provider's conduct.
Article 11 Disclaimer
11.1 Service Availability
Homesick will use reasonable efforts to ensure the stable operation of Platform services but does not guarantee uninterrupted or error-free service. To the maximum extent permitted by law, Homesick makes no express or implied warranties regarding the timeliness, security, accuracy, reliability, or completeness of Platform services.
11.2 Third-Party Services
For services provided by Service Providers or third-party professional institutions, Homesick makes no express or implied warranties regarding service quality, professional conclusions, or performance outcomes. User shall independently assess the suitability of third-party services and assume the associated risks.
11.3 Force Majeure
Homesick shall not be liable for breach of contract if it is unable to perform or delays performance of its obligations under this Agreement due to force majeure (including but not limited to natural disasters, war, government actions, pandemics, network failures, or third-party service interruptions), provided that Homesick promptly notifies User and takes reasonable measures to mitigate losses.
11.4 User's Own Causes
Losses caused by User's own reasons, such as providing untrue, inaccurate, or incomplete information, failing to cooperate as agreed, violating service rules, or disregarding safety instructions, shall be borne by User.
11.5 Exclusion of Indirect Damages
To the maximum extent permitted by law, Homesick shall not be liable for any indirect, incidental, or consequential damages, lost profits, data loss, or business interruption arising from User's use of Platform services.
Article 12 Limitation of Liability
12.1 Liability Cap
Except for personal injury caused by Homesick's willful misconduct or gross negligence, or as otherwise mandated by applicable law, Homesick's aggregate liability to User under this Agreement shall be limited to the amount of service fees actually received by Homesick for the specific service giving rise to the claim.
12.2 Exclusions
This limitation of liability shall not apply to:
| a | Losses caused by Homesick's willful misconduct or gross negligence; |
|---|---|
| b | Homesick's breach of intellectual property or confidentiality obligations; |
| c | Other circumstances where liability cannot be limited by law. |
Article 13 Termination
13.1 Termination by User
User may terminate this Agreement at any time by canceling the account or ceasing to use Platform services. However, orders already placed shall continue to be performed or be handled in accordance with the Payment, Cancellation and Refund Policy.
13.2 Termination by Homesick
Homesick may suspend or terminate services to User or cancel User's account under any of the following circumstances:
| a | Violation of this Agreement or special terms, failing to rectify after warning; |
|---|---|
| b | Providing false registration information or impersonating others; |
| c | Engaging in fraud, malicious complaints, harassment of Service Providers, or similar conduct; |
| d | Using the Platform to engage in illegal activities; |
| e | Other serious violations of this Agreement or applicable laws and regulations. |
13.3 Post-Termination
After termination, Homesick may retain User's necessary information as required by law; User shall settle any service fees incurred; orders not yet fully performed shall continue to be performed as agreed or be resolved through negotiation.
Article 14 Dispute Resolution
14.1 Negotiation
Any dispute arising from this Agreement shall first be resolved through friendly negotiation between the parties.
14.2 Arbitration
If negotiation fails, either party may submit the dispute to the Shenzhen Court of International Arbitration (SCIA) for arbitration in accordance with its then-effective arbitration rules. The arbitral award shall be final and binding on both parties.
14.3 Governing Law
The formation, validity, interpretation, performance, and dispute resolution of this Agreement shall be governed by the laws of the People's Republic of China.
Article 15 Miscellaneous
15.1 Severability
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
15.2 Entire Agreement
This Agreement (including all special terms and platform rules) constitutes the entire agreement between the parties regarding Platform services and supersedes all prior oral or written understandings.
15.3 Assignment Restrictions
User may not assign its rights or obligations under this Agreement without Homesick's prior written consent. Homesick may assign its rights and obligations under this Agreement to its affiliates or business transferees upon notice to User.
15.4 Notices
Homesick may send notices to User through platform announcements, in-platform messages, email, SMS, or the contact information provided at registration; notices are deemed delivered upon sending.
15.5 Headings
Section headings in this Agreement are for convenience only and shall not affect the interpretation of the provisions.
15.6 Language
This Agreement is written in Chinese. If an English translation or other foreign language translation exists, the Chinese version shall prevail in the event of any inconsistency.
Article 16 Acknowledgment
User acknowledges that before checking to accept this Agreement, User has fully read and understood all terms hereof, particularly the disclaimers, limitation of liability, and dispute resolution provisions highlighted in bold or otherwise prominently displayed, and Homesick has explained such terms upon request. User voluntarily accepts the binding effect of this Agreement.
Homesick: Shenzhen Pivotown Internet Technology Co., Ltd.
Address: Room 2211-C302, Building 1, Xincheng Plaza, No. 127 Baomin 2nd Road, Hedong Community, Xixiang Subdistrict, Bao'an District, Shenzhen, Guangdong Province, People's Republic of China
User Acknowledgment Date: ____________________