Table of Content
1. General Terms
2. Roommate Terms
2.1. Roommate Preferences
2.2. Booking on Nook
2.3. Cancellations, Refunds, and Booking Modifications
2.4. Early Move Outs
3. Host Terms
3.1. Partnering with Nook
3.2. Managing Listing
3.3. Cancellation, Refunds, and Booking Modifications
4. Use of Services
4.1. Nook's Role
4.2. Roommate's Role
4.3. Host's Role
4.4. Signing Up and Signing In to Nook
4.5. Authentication Methods
4.6. Rate and Fees
4.7. Content Information
4.8. Platform Rules
4.9. Personal Information
4.10. Application Software
4.11. Reporting Violations
4.12. Copyright Issues
5. Termination and Suspension
5.1. Termination of Terms
5.2. Termination of the Service
5.3. User Violations
5.4. Legal Mandates
5.5. Effect of Termination
5.6. Appeal
5.7. Modification of Terms
6. Complaints and Damage Claims
7. Warranties
8. Limitation on Liability
9. Applicable Law and Jurisdiction
10. Miscellaneous
10.1. Additional Terms
10.2. Notice
10.3. Third-party Services
10.4. Google Terms of Use
10.5. Apple Terms of Use
10.6. Email and SMS
10.7. Force Majeure
1. General Terms
PLEASE READ THE ENTIRE TERMS OF USE BEFORE ACCESSING OR USING NOOK.
This Terms and Conditions (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“You”, “Your”, “Yourself”, or “Roommate”) and PT. Nook Digital Ventures (“Nook”, “We,” “Us” or “Our”), a limited liability company lawfully established and operates under the jurisdiction of the Republic of Indonesia and domiciled in Indonesia. The following Terms outline your access and usage of our app, website (www.nookapp.io), and any other websites under our management), as well as the content and products offered by us and/or our affiliates (hereinafter, collectively referred to as “Application”). The Application allows users (“User”, or “Users”) to publish, offer, search for, and book accommodations (collectively referred to as “Service” or “Services”). Users who publish and offer services are “Hosts” and Users who search for, book, or use accommodations are “Roommates”. Supplemental Terms or documents that may be posted on the Application from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to this Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of this Terms and Conditions and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review thus Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Application after the date such revised Terms are posted.
You have complete discretion to decide whether to use our Application, other apps, or to discontinue usage altogether. Our role is to facilitate your access to various services by providing the Application. It's important to note that all shared accommodations offered through the Application are provided directly by Hosts who have agreed to partner with us.As the provider of the Application, Nook does not own, control, offer, or manage any listings or services provided by Hosts. Nook is not a participant in the contracts directly formed between You and Hosts. Additionally, Nook is not a real estate broker, travel agency, or insurer. The Application is intended for users who are at least 18 (eighteen) years old. Persons under the age of 18 (eighteen) are not permitted to register for the Application.
2. Roommate Terms
2.1. Roommate Preferences
At Nook, we strive to create a comfortable and harmonious living environment for all Roommates. The ‘Roommate Preferences’ feature is designed to facilitate roommate matching based on common interests, lifestyles, and preferences. While we aim to accommodate your preferences, it's essential to recognize that perfect matches may not always be possible.
i. How Preferences Are Used
Preferences are considered during the roommate assignment process to enhance compatibility. We aim to create a positive and supportive living community based on shared values.
ii. No Guarantee
While we make every effort to accommodate your preferences, it's important to note that perfect matches are not guaranteed. Flexibility and open communication are crucial for fostering a harmonious living experience.
iii. Updating Preferences
Roommates may update their roommate preferences periodically through the Application. However, changes may not always be accommodated immediately.
iv. Communication
Roommates are encouraged to communicate openly with other Roommates to address any concerns or adjustments needed for a positive living experience.
2.2. Booking on Nook
i. Discover Accommodation
You can find accommodations on Nook by using filters like the type of service, listing type, destination, travel dates, and number of roommates. The results are sorted based on relevance, considering factors such as price, availability, reviews, and popularity.
ii. Booking a Listing
When you book a listing on Nook, you agree to pay all charges associated with your booking, including the listing price, applicable fees (such as Nook's Service Fee), taxes, and any other items specified during checkout (referred to collectively as the "Total Price"). If you opt to pay in a currency different from the Host's set currency, the displayed price is based on a conversion rate determined by Nook.
By booking a listing, you authorize Nook to charge the Payment Method (as defined in the Payment Terms) used for the booking. This may include collecting amounts for Damage Claims.
Upon receiving the booking confirmation, a contract for Services (a "Reservation") is directly established between you and the Host. Making a Reservation indicates your agreement to the contract terms, including this Terms, all Reservation terms (including the cancellation policy), and any additional rules, standards, policies, or requirements outlined in the listing or during checkout.
It is your responsibility to thoroughly read and comprehend the contract terms, including this Terms, and all Reservation terms, rules, standards, policies, and requirements before booking a listing. Hosts on Nook may collaborate with co-hosts or work as part of a team to deliver their Host Services.Any disputes or concerns among Roommates should be addressed through Nook's support channels for resolution. Nook will endeavor to mediate conflicts but assumes no liability for disputes arising from Roommate interactions.
iii. Accommodation Reservations
An Accommodation Reservation constitutes a limited license granting you the right to enter, occupy, and use the designated Accommodation. It is essential to acknowledge that the Host retains the right to re-enter the Accommodation during your stay under the following circumstances: (a.)Reasonable Necessity: the Host may re-enter the Accommodation if it is reasonably necessary, ensuring the well-being and proper functioning of the property. (b.)Contractual Agreements: re-entry is permissible as long as it aligns with the terms specified in your contractual agreement with the Host. (c.) Compliance with Applicable Law: re-entry is subject to compliance with applicable law, ensuring legal and regulatory obligations are met.In instances where you exceed the checkout time, the Host reserves the right to enforce your departure in a manner permitted by applicable law. This may include the imposition of reasonable overstay penalties to address any inconveniences caused.It is crucial to adhere to the maximum number of allowed Roommates specified by the Host. This limitation ensures the responsible use of the Accommodation and compliance with safety and regulatory standards.
2.3. Cancellations, Refunds, and Booking Modifications
i. Cancellations
We do not charge you until the Host accepts the booking, providing you the flexibility to cancel free of charge.
ii. Cancellation Policy for Roommates:
In the event that the Roommate(s) cancels the reservation after the Hosts accepting the booking request and before the check-in date:
1. Cancellation 30 Days or More Before Check-in Date:
For Roommates:
- 100% refund of Reservation Fee.
- 100% refund of Deposit (if any).
- No refund of Service Fee. Cancellation penalty (if any, determined by Hosts).
For Hosts:
- No transfer of payment for the Hosts.
2. Cancellation 29-14 Days Before Check-in Date:
For Roommates:
- 50% refund of Reservation Fee.
- 100% refund of Deposit (if any).
- No refund of Service Fee.
- Cancellation penalty (if any, determined by Hosts).
For Hosts:
- 15% transfer of Reservation Fee for the Hosts.
3. Cancellation Less Than 14 Days Before Check-in Date:
For Roommates:
- No refund of Reservation Fee.
- 100% refund of Deposit (if any).
- No refund of Service Fee.
- Cancellation penalty (if any, determined by Hosts).
For Hosts:
- 100% transfer of Reservation Fee for the Hosts.
4. Cancellation After the Check-in Date:
For Roommates:
- No refund of Reservation Fee.
- No refund of Deposit (if any).
- No refund of Service Fee.
For Hosts:
- 100% transfer of Reservation Fee.
2.4. Early Move Outs
If the Roommate(s) decides to move out 24 hours after the check-in date and before the check-out date, Nook is not liable for refund of any fees. In the event of inconvenience caused by other Roommates, the Host, or the accommodation, we encourage resolution through mediation. You may also contact our support channel for help.
3. Host Terms
3.1. Partnering with Nook
i. Being a Host
As a Host, Nook offers you the right to use the Application in accordance with this Terms to share your accommodation with our community and earn money from it.
ii. Independence of Hosts
Your affiliation with Nook is that of an independent entity rather than an employee, agent, joint venturer, or partner of Nook. It's important to note that Nook's payment services function as a payment collection agent according to the relevant terms. Nook does not exert control over your hosting services. You retain complete autonomy to determine when and how you provide hosting services, including setting prices and terms. Your role is self-directed, and Nook respects your professional discretion in these matters.
iii. Contracting with Roommates
When you confirm a booking request, or receive a booking confirmation through the Application, you are entering into a contract directly with the Roommates, and are responsible for delivering the Service under the terms and at the price specified in your listing. You are also agreeing to pay applicable fees like Service Fee (and applicable taxes) for each Reservation. We will deduct amounts you owe from your payout unless we and you agree to a different method. Any additional rules that you include in any supplemental contract with Roommates must: (a.) be consistent with this Terms, our Privacy Policy, Community Guidelines and the information provided in your listing, and (b.) be prominently disclosed in your listing description.
3.2. Managing Listing
i. Creating a Listing
The Application provides tools that make it easy for Hosts to create and manage a listing. Listing must include detailed and accurate information about your Service, the price, and other charges like cleaning fees, or additional fees specific to your accommodation, and any rules or requirements that apply to the Roommates or listing. You are accountable for your actions or oversights and ensuring that your listing details (including calendar availability) and content (such as photos) remain updated and accurate. It is your responsibility to secure suitable insurance for your accommodation, and we recommend a thorough review of policy terms, including coverage specifics and exclusions. Each accommodation should have only one listing, but if a property offers multiple places to stay (e.g. a villa complex), you can have multiple listings for it.
ii. Legal Obligations
It is your responsibility to be aware of and adhere to any laws, rules, regulations, and agreements with third parties that pertain to your listing. For instance, certain landlords, leases, or homeowner and condominium association rules may restrict or prohibit subletting, medium-term rentals, or longer-term stays. Some cities have zoning or other regulations limiting short-term rentals of residential properties. Hosts in some jurisdictions may be required to register, obtain permits, or licenses for specific services like medium-term rentals or longer-term stays.In certain places, the Services you wish to offer may be entirely prohibited. Some jurisdictions may mandate the registration of guests staying at your accommodation, while others have laws establishing tenancy rights for guests and additional obligations for Hosts, such as landlord-tenant, rent control, and eviction laws that may apply to longer stays. It is essential to check local regulations to understand the rules applicable to the host services you intend to provide.
Any information we offer regarding legal requirements is for informational purposes only, and it is your responsibility to independently confirm your obligations. Additionally, you are responsible for managing and using Roommates and other personal data in accordance with applicable privacy laws and this Terms, including our host privacy standards. If you have inquiries about how local laws apply, it is advisable to seek legal advice.
iii. Search Results
The ranking of listings in the search results on the Application is determined by various factors, with key parameters including: (a.) Roommates Search Filters: such as the maximum number of Roommates, destination, trip dates and duration, and the preferred price range. (b) Listing Characteristics: this includes factors like the listing price, calendar availability, the quantity and quality of images, reviews from previous Roommates, type of accommodation, Host status, the duration the listing has been active on the Airbnb Platform, and overall guest engagement and popularity.(c.) Roommates Experience: this includes the Host’s customer service track record and cancellation history, as well as the overall ease of the booking process. (d.) Host and Listing Requirements: this involves factors like minimum or maximum nights for booking and booking cut-off times. (e.) Roommate Preferences and History: this takes into account the Roommate's previous trips, viewed and saved listings, and the location from where the guest is conducting the search.These parameters collectively contribute to the algorithm that determines the ranking of listings to provide guests with search results that align with their preferences and needs.
iv. Host Responsibilities
Hosts are responsible and liable for their own acts and omissions and are also responsible for the acts and omissions of anyone they allow to participate in providing the Services. Hosts are responsible for setting the price and establishing rules and requirements for the listing. Hosts must describe any and all fees and charges in the listing description and may not collect any additional fees or charges outside the Application. Do not encourage Roommates to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Application in violation of our Community Guidelines.
v. Being a Co-Host
If you collaborate with a co-host as part of a team, business, or organization, you are responsible and liable as the host under this Terms for the actions and oversights of every entity and individual involved in providing your services. It is your duty to inform the individuals engaged by you to deliver any services about your obligations under this Terms. When you agree to terms or enter contracts with third parties, you affirm that you have the authority to enter into contracts for and bind your team, business, or organization, ensuring that each entity is in good standing under the applicable laws. If you perform other functions, you represent and warrant that you are authorized to perform those functions.
Notice that Nook will transfer the Accommodation Fee to one account only, and it is your right and responsibility to distribute the payments or portion of the payments according to your and your team’s agreement. Additionally, you are accountable and liable for the accuracy of any payout information you provide, as well as the amounts involved in the payments.
3.3. Cancellations, Refunds, and Booking Modifications
i. Cancellation Policy for Hosts:
In the event that the Host cancels the reservation after the Host accepting the booking request and before the check-in date:
1. Cancellation 30 Days or More Before Check-in Date:
For Roommates:
- 100% refund of Reservation Fee.
- 100% refund of Deposit (if any).
- 100% refund of Service Fee.
For Hosts:
- No transfer of Reservation Fee for the Hosts.
- No refund of Service Fee.
2. Cancellation 29-14 Days Before Check-in Date:
For Roommates:
- 100% refund of Reservation Fee.
- 100% refund of Deposit (if any).
- 100% refund of Service Fee.
For Hosts:
- No transfer of Reservation Fee for the Hosts.
- No refund of Service Fee.
- Cancellation Penalty (10% of the Total Price).
3. Cancellation Less Than 14 Days Before Check-in Date:
For Roommates:
- 100% refund of Reservation Fee.
- 100% refund of Deposit (if any).
- 100% refund of Service Fee.
For Hosts:
- No transfer of Reservation Fee for the Hosts.
- No refund of Service Fee.
- Cancellation Penalty (15% of the Total Price).
4. Cancellation After the Check-in Date:
Hosts are not able to cancel the Reservation after the check-in date.
4. Use of Services
4.1. Nook’s Role
Nook serves as a platform that facilitates the connection between Roommates looking for shared accommodations and Hosts providing such services. Nook is not a party to the agreements entered into between Roommates and Hosts. The Application functions as a venue for Users to discover, book, and engage in various services, and Nook disclaims any responsibility or liability arising from disputes, interactions, or transactions between Roommates and Hosts. Nook does not own, operate, manage, or control the properties or experiences listed on the platform. The accuracy of information, quality of services, and compliance with applicable laws are the responsibility of Hosts and Roommates. Nook's role is limited to providing a platform for communication and transactions, and it does not endorse or guarantee the quality, safety, or legality of the listed properties or experiences.
4.2. Roommate’s Role
As a participant on the Application seeking shared living arrangements, you undertake the commitment to actively engage in transparent communication with potential roommates. It is crucial to share preferences, expectations, and lifestyle habits openly to facilitate informed decisions among all involved parties. By utilizing this platform, you agree to adhere to any mutually agreed-upon terms or guidelines, ensuring a harmonious living environment for all roommates. Additionally, your role extends to respecting shared spaces, fostering open communication, and addressing conflicts amicably to contribute to a positive and cooperative living experience.
4.3. Host’s Role
As a host on the Application providing accommodations or shared living spaces, your responsibility is to clearly communicate expectations, guidelines, and specific terms related to the shared living arrangement with potential Roommates. This transparency is essential for establishing a collaborative and respectful living environment. Furthermore, Hosts are expected to maintain the property in good condition, ensuring the provision of necessary amenities for the comfort of roommates. Promptly addressing any concerns or issues among roommates and promoting open communication contribute to fostering a positive atmosphere within the shared spaces.
4.4. Signing Up and Signing In to Nook Account
Prior to using the Application, you are required to consent to this Terms of Use and Privacy Policy and undergo the registration process by providing necessary information. During registration, we will request your full name, email address, and a valid mobile phone number to establish a User Profile ("Account") for a seamless experience. You have the option to modify your profile information through the settings feature in the Application.Upon registration, our system will automatically generate a verification code and dispatch it via a text message to the mobile phone number you provided. Verification is mandatory, and you must enter the code on the registration page in the Application.Once verified, a personal Account will be created for you to access the Application and request Services. Your mobile number is uniquely associated with your account, preventing the creation of a new account with the same registered mobile number. This remains true even if you later change your mobile number through the settings feature in the Application.In the event of a log-out, you need to enter your email address or the mobile phone number provided during registration, along with the verification code sent automatically by our system to your registered mobile phone number, on the log-in page.
THE VERIFICATION CODE (ONE TIME PASSWORD/OTP) IS GENERATED AUTOMATICALLY BY OUR SYSTEM. WE DO NOT KNOW AND NEVER ASK FOR YOUR VERIFICATION CODE. NEVER PROVIDE THE VERIFICATION CODE TO ANYONE EVEN TO US OR OTHER PARTIES WHO ACKNOWLEDGE THEMSELVES AS OUR REPRESENTATIVES.
4.5. Authentication Methods
If Your device supports fingerprint and/or facial recognition features, you have the option to enable these authentication features for logging into our Application. When you enable fingerprint and/or facial recognition features on your mobile device for authentication within the Application, it's important to note that we do not store such biometric data. Unless expressly notified otherwise, this data is stored solely on your mobile device and may also be stored by third parties, such as your device's manufacturer. You agree and acknowledge that we are not responsible for any unauthorized access or loss related to the biometric data stored on your mobile device.In the event you change your mobile device, you will still need to use a One-Time Password (OTP) for logging into the Application. If you wish to enable the device authentication feature on your new device, you can do so within your device settings.
4.6. Rate and Fees
Our Application is free to download. However, we may introduce charges or fees for specific features on the Application in the future.Additional details about when Service fees apply and their calculation can be found on our Service Fees page. Any relevant fees are disclosed to Users before confirming a booking. Unless stated otherwise on the Application, Service fees are non-refundable. We retain the right to modify service fees at any time, and Users will be notified of any fee changes before they take effect. Changes in fees will not impact Reservations made prior to the effective date of the fee change. If you disagree with a fee change, you have the option to terminate this agreement at any time.
4.7. Content Information
On Nook, certain features allow you to contribute feedback, text, photos, audio, video, and other content ("Content"). By providing Content, you grant Nook a non-exclusive, worldwide, royalty-free license to utilize, modify, distribute, publish, and promote the Application across various media. If your Content contains personal information, it will be handled in accordance with our Privacy Policy and relevant data protection laws. If Nook pays for or facilitates Content creation, we may own that Content, subject to additional terms. You are responsible for ensuring that your Content complies with our Content Policy and Community Guidelines, and you warrant that you have the necessary rights to grant Nook the described license. You are also liable for any violation of third-party intellectual property or privacy rights in your Content. Nook may provide translation services for Content, but accuracy is not guaranteed, and Users must confirm translations' accuracy.
4.8. Platform Rules
You must follow and uphold these rules; do not encourage or assist others in violating them.
i. Act with integrity and respect
Do not lie, misrepresent something or someone, or impersonate someone else.Maintain politeness and respect in your interactions.Do not try to bypass our Terms, or other additional policies. Creating duplicate accounts or listings to evade enforcement is prohibited.Adhere to our Community Guidelines; refrain from discriminatory or harassing behavior towards others.
ii. Do not engage in scraping, hacking, reverse engineering, or compromising the Application
Do not use bots, crawlers, scrapers, or automated means to access or collect data from the Application.Do not attempt to hack, circumvent, remove, or impair security measures protecting the Application or Content.Do not decipher, decompile, disassemble, or reverse engineer any software or hardware used for the Application.Do not take actions that could harm or negatively impact the performance of the Application.
iii. Use Nook Platform as authorized by this Terms or any other agreement with us
Access personal information of other Users only as necessary for transaction facilitation on the Application, as per this Terms. Do not use the Application, messaging tools, or Users' personal information for sending commercial messages. Use Content available through the Application solely for your role as a Roommate or Host. Do not request, make, or accept a booking or any payment outside of the Application to avoid paying fees, taxes or for any other reason. We are not responsible for any payment done outside of the Application. Do not prompt Roommate to interact with third-party websites, applications, or services without Nook authorization.Avoid manipulative practices intended to influence Nook's search algorithm.Only book Hosts Services when intending to use them. Do not use, copy, display, mirror or frame the Application, any Content, any Nook branding, or any page layout or design without our written consent.
iv. Legal Compliance for Users
Provide personal information in compliance with the law, ensuring authorization, and agreeing to our Privacy Policy. Follow our Terms, Community Guidelines, Privacy Policy and other additional policies. Do not organize unauthorized parties or events during your Reservation; you are responsible for compliance with our rules. Obtain permission before using Nook's name, logo, branding, or trademarks, as outlined in our Intellectual Property Rights. Avoid using any identifiers similar to Nook trademarks, logos, or branding; refer to our Trademark Guidelines for guidance. Ensure that your Host Services align with applicable laws and agreements. Do not engage in or facilitate prostitution, human trafficking, or solicit such activities on Nook.
4.9. Personal Information
The collection, storage, processing, use, and sharing of Your personal information, including identity, contact, and location data provided during Account creation, are governed by Our Privacy Policy.
4.10. Application Software
Complying with these app-related rules is crucial. Please refrain from downloading the app from unauthorized platforms or non-mobile devices.
(a.) Nook's official Application is available exclusively on authorized digital markets, such as Google Play Store or Apple App Store: Downloading from unofficial platforms or non-mobile devices violates this Terms and our Intellectual Property Rights.
(b.) Regular Updates for Enhanced Experience: To optimize your experience, Nook periodically releases Updates containing modifications, repairs, enhancements, and additions to the Application. It is your responsibility to check for the latest version and perform Updates regularly.
(c.) Automatic or Manual Updates: Updates may be deployed automatically or may require your action. By using the Application, you agree to receive and install Updates as part of the service.
(d.) Operational Impact of Updates: The Application may not function optimally or may not operate at all if Updates are not installed. In case of discrepancies between Updates, using the Application confirms your acceptance of the latest version.
(e.) Compatibility and Availability: We cannot guarantee the availability of Updates or their compatibility with all mobile devices and operating systems.
4.11. Reporting Violations
If you suspect that a User, or Content poses an immediate risk to a person or property, it is recommended to promptly contact local authorities before reaching out to Nook. Furthermore, if you believe that a User, or Content has violated our Community Guidelines, please report your concerns to Nook. In cases where you've reported an issue to local authorities, Nook may request a copy of the report. While we may not be obligated to take action, except as required by law, your reports are valuable for our review process.
4.12. Copyright Issues
If you believe that Content on Nook infringes copyrights, please notify us in accordance with our Intellectual Property Rights.
5. Termination and Suspension
5.1. Termination of Terms
The arrangement between you and Nook, as outlined in this Terms, starts when you use the Nook Platform (such as creating an account) and continues until either you or we terminate the agreement as specified in this Terms.
5.2. Termination of the Service
You have the option to end this agreement at any time for any reason by sending us an email or deleting your account. Nook, on the other hand, can end this agreement, suspend access to the Application, deactivate your account, or take down your listings with a 30-day notice via email or using the contact information you provided. Immediate termination without notice may occur if you (a) significantly violate this Terms or our Privacy Policy and Community Guidelines, (b) substantially fail to meet Service standards, (c) violate laws, or (d) if it's necessary to protect Nook, its users, or third parties from personal safety or property threats (e.g., fraudulent behavior).Nook also reserves the right to modify its services, such as adding or removing features, changing accepted listing types, or enhancing services for improvement, abuse prevention, or legal compliance. In case of significant changes, a 30-day advance notice will be provided, unless the changes are to prevent abuse or comply with legal requirements.
5.3. User Violations
If you (a) violate this Terms, Privacy Policy, Community Guidelines or additional policies, (b) infringe upon applicable laws, regulations, or third-party rights, (c) provide Content that is illegal or goes against this Terms, (d) consistently receive poor reviews or if Nook becomes aware of complaints about your performance or conduct, (e) frequently cancel confirmed bookings or fail to respond to booking requests without a valid reason, or (f) if it is reasonably necessary to protect the personal safety or property of Nook, its Users, or third parties, Nook may take the following actions:Suspend or limit your access to the Application and/or your account.Suspend, remove, disable access to, or restrict the visibility of listings, reviews, or other Content.Cancel pending or confirmed bookings.Suspend or revoke any special status associated with your account.For non-material breaches or when it is reasonable to do so, Nook will provide reasonable notice of proposed actions and an opportunity for you to remedy the non-material breach (if possible to remedy), unless such notification would (a) hinder the detection or prevention of fraud or other illegal activities, (b) harm the legitimate interests of other Users or third parties, or (c) violate applicable laws.
5.4. Legal Mandates
Nook has the authority to take any action it deems reasonably necessary to comply with applicable laws or any court, law enforcement, administrative agency, or governmental body orders or requests.
5.5. Effect of Termination
If you're a Host and decide to close your Nook account, any confirmed booking(s) will be canceled automatically, and the Roommates will receive a full refund. As a Roommate, if you terminate your account, confirmed booking(s) will also be automatically canceled, and any refund will depend on the cancellation policy specified on the listing at the time of booking. After the termination of this agreement, there's no entitlement to restore your account or any of your Content.If your access to the Application is limited, your account is suspended, or this agreement is terminated by Nook, you are not allowed to register a new account or use the platform through another User's account.
5.6. Appeal
If your access to the Application is limited, or that your account is suspended, you have the option to appeal such a decision by getting in touch with our customer support.
5.7. Modification of Terms
Nook retains the right to modify this Terms at any time. In the event of substantial changes, we will publish the updated Terms on the Application and indicate the "Last Updated" date at the top of the document. Notice of material changes will be communicated to you through email, notifications on the Application, messaging service, or any other contact method provided by us and chosen by you, at least 30 days prior to their effective date. If you disagree with the updated Terms, you have the option to terminate this agreement immediately as outlined in this Terms. Failure to terminate your agreement before the revised Terms take effect implies your acceptance of the changes, and you agree to abide by them in your continued access to or use of the Application.
6. Complaints and Damage Claims
6.1 If a User provides valid evidence that you, your Roommates, or your pets have: (a) Deliberately damaged the complaining Host's property or the property they are responsible for or have an economic interest in;(b) Caused a loss of Reservation income or other direct damages resulting from the damage mentioned in (a) above;(c) Incurred cleaning costs for the complaining User exceeding their cleaning fee,(each of (a), (b), and (c) referred to as a "Damage Claim"), the affected User can inform Nook and seek compensation through our customer support channel. You will receive notification of the Damage Claim and an opportunity to respond. If you agree to pay or if the Damage Claim is escalated to Nook, and Nook reasonably determines it is valid and you are responsible, Nook may charge you according to the agreement between all parties.
6.2. If the Host and Roommates are unable to resolve a Damage Claim, or if a Roommate fails to pay the claimed amount: the Host can inform Nook through our customer support channel and request compensation. Nook will examine the Damage Claim, asking the Host to provide necessary evidence, such as documents, photos, invoices, or input from third-party experts, supporting the claim and its amount. The Roommate will have the chance to respond and present any counter evidence.
If, after considering the evidence and applicable legal rules on the burden of proof, Nook reasonably determines that the Roommate is responsible for the Damage Claim, Nook will disburse the claimed amount to the Host. In such cases, Nook may collect the Damage Claim amount from the Roommate, potentially charging the Roommate's Payment Method, up to a maximum of Rp5.000.000,00 IDR (five million Indonesian Rupiahs). Nook also reserves the right to pursue further claims for recovering Damage Claim amounts, including those exceeding the maximum charge amount, using available remedies under applicable law. This may involve actions such as involving a collections agency, pursuing legal causes of action, or filing claims against a Roommate. Users have the option to appeal Nook's decision by contacting customer support. Regarding the Damage Claim and its amount, the burden of proof always rests with Nook in the relationship between Users and Nook.
6.3. You commit to work in good faith, supplying any information requested by Nook, completing necessary documents, and taking reasonable actions related to Damage Claims, User complaints, claims under insurance policies, or other claims arising from your provision or use of the Services.
6.4. Decisions made by Nook regarding a Damage Claim will not impact your contractual or statutory rights.
7. Warranties
We do not endorse or guarantee the presence, behavior, performance, safety, quality, legality, or suitability of any Roommate, Host, Service, listing, or third party. To the fullest extent allowed by law, we do not assure the performance or uninterrupted operation of the Airbnb Platform, and we do not guarantee that verification, identity checks, or background checks on listings or Users will uncover past misconduct or prevent future misconduct. Any mention of a User or listing being "verified" (or similar language) only signifies that the User, listing, or Nook has completed a relevant verification or identification process and nothing more. We are not accountable for internet or telecommunications outages or disruptions beyond our control that may result in interruptions to the availability of the Application. Nook may, temporarily and with consideration of Users' legitimate interests (e.g., by providing prior notice), limit the availability of the Application or certain features if necessary due to capacity limits, the security or integrity of our servers, or for maintenance measures to ensure the proper or improved functioning of the Application.
8. Limitation on Liability
To the maximum extent permitted by law, no party, including Nook’s affiliates and personnel, or any other party involved in creating, producing, or delivering the Application or any Content, will be liable for any incidental, special, exemplary, or consequential damages. These damages include, to the maximum extent permitted by law, lost profits, loss of data or loss of goodwill, service interruption, computer damage, or system failure, or the cost of substitute products or services. Neither is Nook liable nor any other party liable, to the extent permitted by law, for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) this Terms, (ii) the use of or inability to use the Application or any Content, (iii) any communications, interactions, or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Application, or (iv) the publishing or booking of a Listing, including the provision or use of Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Nook has been informed of the possibility of such damage, even if a limited remedy set out in this Terms is found to have failed of its essential purpose.
Except for (i) Nook’s obligation to transmit payments to Hosts under this Terms, (ii) Nook’s obligation to make payments under the Damage Protection, which contains its own limitations of liability, and (iii) Nook’s wilful breach of this Terms, to the maximum extent permitted by law, in no event shall Nook’s aggregate liability for any claim or dispute arising out of or in connection with this Terms, interaction with any Members, or use of or inability to use the Application, any Content, or any Services, exceed: (a.) to Roommates, three (3) times the amount you paid for the relevant Reservation(s) giving rise to the liability, or (b.) to Hosts, three (3) times the amount paid to you for the relevant Reservation(s) giving rise to the liability.
Except in the case of a User’s wilful breach of this Terms, to the maximum extent permitted by law, in no event shall a User’s liability to Nook or any other party involved in creating, producing, or delivering the Application or any Content for any claim or dispute arising out of or in connection with this Terms, interaction with any User, or use of or inability to use the Application, any Content, or any Service exceed: (a.) in the case of Roommates, three (3) times the amount you paid for the relevant booking(s) giving rise to the liability, or (b.) in the case of Hosts, three (3) times the amount paid to you for the relevant booking(s) giving rise to the liability.
9. Applicable Law and Jurisdiction
This Terms is governed by and interpreted in accordance with the law of the Republic of Indonesia. If you are a consumer and the mandatory statutory consumer protection regulations in your country of residence provide more favorable provisions for you, those provisions will apply regardless of the choice of the law of the Republic of Indonesia. As a consumer, you may initiate any legal proceedings related to this Terms in the competent court of your place of residence or the competent court in Indonesia where Nook's business is located. If Nook seeks to enforce its rights against you as a consumer, it may only do so in the courts of the jurisdiction where you reside. If you are a business, you agree to submit to the exclusive jurisdiction of the Indonesian courts.
10. Miscellaneous
10.1 Additional Terms
There are additional terms and policies related to this Terms. These are incorporated by reference into this Terms, collectively forming an integral part of the legally binding agreement between you and Nook.
10.2 Notice
Unless explicitly stated otherwise, any notices or other communications to Users allowed or mandated under this agreement will be delivered electronically. Nook will provide such notices via email, Application notification, messaging service (including SMS), or any other contact method made available by Nook.
10.3 Third-party Services
The Application may include links to third-party websites, applications, services, or resources ("Third-Party Services") that are governed by distinct terms and privacy practices. Nook is not accountable or liable for any aspect of such Third-Party Services, and the inclusion of links to these services does not constitute an endorsement by Nook.
10.4 Google Terms of Use
Certain translations on the Application are facilitated by Google. Google disclaims all warranties regarding the translations, whether expressed or implied, including accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Some sections of the Application utilize Google Maps/Earth mapping services, incorporating Google Maps API(s). Your utilization of Google Maps/Earth is governed by the Google Maps/Google Earth Additional Terms of Service.
10.5 Apple Terms of Use
If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.
10.6 Email and SMS
You will receive essential communications from us through the email address or other contact information you provide for your Nook account. Joining additional email subscription programs won't impact the frequency of these essential emails, although you can expect to receive extra emails specific to the subscribed program(s). Promotional emails from us may also be sent. While there's no charge for these promotional emails, third-party data rates may apply. You can manage your receipt of promotional emails through the notification preferences in your account settings. It's important to note that disabling specific communication settings or not having a Nook Account may prevent you from taking advantage of certain promotions.
10.7 Force Majeure
Between Nook and a User, neither party shall be held liable to the other for any delay or failure to perform caused by abnormal or unforeseeable circumstances beyond their reasonable control. These circumstances, despite all efforts, would have been unavoidable. Examples include but are not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, diseases, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
Modifications to This Terms of Use
Updates
We may update this Terms of Use periodically. We will notify you of any material changes by posting the updated guidelines on Nook or through other communication channels and update the “Last Updated” date at the top of this page. If you disagree with the revised Terms of Use, you can cancel your Account. If you do not cancel your Account before the date the revised Terms of Use becomes effective, your continued access to or use of the Application will be subject to the revised Terms of Use.
Effective Dates
The effective date of the most recent version of the Terms of Use will be displayed at the top of the page at the “Last Updated” section.
Thank you for trusting Nook and joining us in this vibrant community. If you have any questions or concerns about this Community Guidelines, please contact us at [support@nookapp.io].