Terms & Conditions
Documentation. This Market Access Agreement (the “Agreement”) is made up of the following documents:
1. Market Configuration: Details the market(s) selected, including the Reach percentage and corresponding payment.
2. Final Access Summary: Provided upon confirmation, outlining the ordered Reach percentage and total cost.
3. Terms & Conditions: These Terms & Conditions are effective as of the date you place your order and make your Order Fee (the “Order Date”).
This Agreement governs the purchase of Market Access rights (the 'Order') up to the amount paid. The rights described herein are non-refundable and non-transferable and do not constitute a service agreement with Home Connect. Any future service agreement will be entered into separately.
Agreement to Purchase.
You agree to purchase the Home Connect services (the “Services”) described in your Market Configuration from Home Connect, or its affiliate (“we,” “us,” or “our”), pursuant to the terms and conditions of this Agreement. Your Services are priced and configured based on features and options available at the time of order, including the Order Fee, and you can confirm availability with a Home Connect advisor. Options, features, or data updated or changed after you place your order may not be included in or applicable to your Services.
Purchase Price, Taxes and Order Fees.
The Order Fee specified in your Market Configuration represents the cost of reserving exclusive Market Access rights for the designated Reach percentage. This Order Fee does not include taxes or other fees unless expressly stated. Because market conditions and Reach availability may vary, any applicable adjustments will be calculated closer to confirmation and indicated in your Final Access Summary. You are responsible for paying any additional amounts if applicable. If you present a check for any payment, we may process the payment as a normal check transaction, or we may use information from your check to make a one-time electronic fund transfer from your account, in which case your bank account will reflect this transaction as an Electronic Fund Transfer.
Order Process; Cancellation; Changes.
After you submit your completed order, we will begin the process of reserving and coordinating your Market Access. At this point, you agree that the Order Fee has been earned. All payments made under this Agreement are final and non-refundable. Once payment is processed, Market Access rights are reserved exclusively for you and cannot be canceled or transferred. By placing an order, you acknowledge this policy and waive the right to dispute charges based on order cancellation. Market Access is deemed delivered upon confirmation of payment and issuance of the Final Access Summary. Any timelines provided for market access confirmation or onboarding are estimates only. Home Connect does not guarantee specific delivery dates and shall not be liable for delays caused by unforeseen circumstances or high demand.
If you cancel your order or breach this Agreement and we cancel your order, you agree that we may retain the Order Fee as liquidated damages, to the extent not otherwise prohibited by law. You acknowledge that the Order Fee is a fair and reasonable estimate of the actual damages we have incurred or may incur in reserving, remarketing, and reallocating the Reach percentage, costs which are otherwise impracticable or extremely difficult to determine. If you make changes to your order, you may be subject to potential price adjustments based on updated Reach calculations or market conditions. Any changes made by you to your Market Configuration, including changes to the market or Reach percentage, will be reflected in a subsequent Market Configuration that will form part of this Agreement. The Order Fee and this Agreement are not made or entered into in anticipation of or pending any conditional sale contract.
Agreement to Arbitrate.
Please carefully read this provision, which applies to any dispute between you and Home Connect Platform, Inc. and its affiliates (together “Home Connect”).
If you have a concern or dispute, please send a written notice describing it and your desired resolution to resolutions@homeconnectapp.com.
If not resolved within 60 days, you agree that any dispute arising out of or relating to any aspect of the relationship between you and Home Connect will not be decided by a judge or jury but instead by a single arbitrator in an arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. This includes claims arising before this Agreement, such as claims related to statements about our services. You further agree that any disputes related to the arbitrability of your claims will be decided by the court rather than an arbitrator, notwithstanding AAA rules to the contrary.
To initiate the arbitration, you will pay the filing fee directly to AAA, and we will pay all subsequent AAA fees for the arbitration, except you are responsible for your own attorney, expert, and other witness fees and costs unless otherwise provided by law. If you prevail on any claim, we will reimburse you your filing fee. The arbitration will be held in New Castle County, Delaware, or the city or county of your residence. To learn more about the Rules and how to begin an arbitration, you may call any AAA office or go to www.adr.org.
The arbitrator may only resolve disputes between you and Home Connect and may not consolidate claims without the consent of all parties. The arbitrator cannot hear class or representative claims or requests for relief on behalf of others purchasing Market Access rights or services from Home Connect. In other words, you and Home Connect may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action. If a court or arbitrator decides that any part of this agreement to arbitrate cannot be enforced as to a particular claim for relief or remedy, then that claim or remedy (and only that claim or remedy) must be brought in court, and any other claims must be arbitrated.
If you prefer, you may instead take an individual dispute to small claims court.
You may opt out of arbitration within 30 days after signing this Agreement by sending a letter to: Home Connect Platform, Inc.; New Castle County, Delaware, stating your name, Order Number, and intent to opt out of the arbitration provision. If you do not opt out, this agreement to arbitrate overrides any different arbitration agreement between us, including any arbitration agreement in a service agreement or payment contract.
Privacy Policy; Payment Terms for Services.
Home Connects Customer Privacy Policy; Payment Terms for Services are incorporated into this Agreement and can be viewed at www.homeconnectapp.com/legal/privacy-policy.
Limitation of Liability.
We are not liable for any incidental, special, or consequential damages arising out of this Agreement. Your sole and exclusive remedy under this Agreement will be limited to reimbursement of your Order Fee and Order Deposit. Home Connect’s liability under this Agreement is strictly limited to the Order Fee paid by you. Home Connect shall not be held responsible for incidental, special, or consequential damages arising from this Agreement, including but not limited to market changes, competitive impacts, or delayed Advisor contact.
No Resellers; Discontinuation; Cancellation.
Home Connect and its affiliates sell Market Access rights directly to end-users, and we may unilaterally cancel any order that we believe has been made with a view toward resale of Market Access rights or that has otherwise been made in bad faith, and we will retain your Order Fee. This includes orders for which a third party is facilitating or brokering the reservation, or if the Market Access is intended to be transferred or reassigned without our prior written consent.
We may also cancel your order and refund your Order Fee if we discontinue a market, Reach percentage, or service feature after the time you place your order. If a market is discontinued after your payment, Home Connect will issue a refund of the Order Fee for the affected market only. This refund applies exclusively to the affected market and does not extend to other markets or services purchased under this Agreement. We work to fulfill your order as quickly as we can. If you become unresponsive to us or fail to complete a requested action necessary to progress toward confirming your Market Access, we may cancel your order and retain your Order Fee. Alternatively, Home Connect may give you the option to update your Market Configuration at the current pricing.
Default and Remedies.
You will be in default and/or breach of this Agreement if any one of the following occurs (except as prohibited by law): you fail to perform an obligation that you have undertaken in this Agreement; or we, in good faith, believe that you cannot or will not pay or perform the obligations you have agreed to in this Agreement. You will also be in default and/or breach of this Agreement if you provide false or misleading information in your order or do anything else the law says is a default. Home Connect makes no guarantees regarding potential benefits associated with Market Access. Additionally, any false or misleading information provided by you during the ordering process will constitute a breach of this Agreement, allowing Home Connect to cancel the Agreement and retain Order Fees as damages.
If you are in default, we may, after providing any legally required notice or waiting period: (i) do anything to protect our interest in the Market Access rights, including suspending or terminating your access using legally permitted means, (ii) reallocate your Market Access to other clients, (iii) sue you for damages arising from the breach, and/or (iv) charge you for amounts we spend taking these actions, including but not limited to attorney fees and costs.
Governing Law; Integration; Assignment.
The terms of this Agreement are governed by, and to be interpreted according to, the laws of the State of Delaware, specifically in New Castle County. This Agreement supersedes all prior agreements, oral statements, negotiations, communications, or representations regarding Market Access rights. Terms relating to the purchase not expressly contained herein are not binding. Any failure to perform obligations under this Agreement will be subject to the remedies outlined in the Default and Remedies section. We may assign this Agreement at our discretion to one of our affiliated entities.