Welcome to SpareRoom (the "Site") and/or our SpareRoom mobile application (collectively the "Platform") brought to you by Flatshare Limited ("We", "Us"; and "Our"), a company registered in England and Wales with company number 04407847. Flatshare Limited’s registered office is at 32 Park Green, Macclesfield, Cheshire, England, UK, SK11 7NA.
These terms and conditions (the "Terms") constitute a legally binding contract between you, the user, and us. Please take the time to read these Terms carefully as they explain the legal relationship between you and us and will govern your use of the Platform and the services made available through it. By accessing or using the Platform and/or any content, materials or services made available through it you are agreeing to be legally bound by these Terms.
We reserve the right to change these Terms from time to time in our sole discretion. Your use of the Platform will be subject to the most recent version of the Terms posted on the Platform at the time of such use. We recommend that you read through the Terms available on the Platform from time to time, so that you can be sure that you are aware of the latest version.
- You do not need to register as a member of the Platform in order to browse some sections of the Site, but you may not be able to access all of the features of the Platform unless you register with us and create an account on the Platform. If you are browsing the Site and have not yet registered with us we will consider you a “Guest”, but your use of the Site will still be subject to these Terms.
- You will need to register with us in order to post any adverts on the Platform. You can register by clicking on the "Register" on our homepage and submitting the information required. You’ll need to provide a valid email address and a password, which you will be required to submit each time you log into the Platform. You may also be required to submit some additional personal information about yourself as part of the registration process. Once you register, you will be considered a "User".
- You must be at least 18 years old to be a Guest or User, and you are only permitted one account on the Platform. Multiple live accounts are not permitted. By registering with us you are representing and warranting to us that: (i) you are over 18 years old; (ii) you have not previously been banned from the Platform; and (iii) you do not already have an account registered with us.
- You agree that all registration information you submit to the Platform will be truthful and accurate and you will maintain the accuracy of this information.
- Your account is for your use only and you agree that you will not share your account with any other person. It is your responsibility to keep your password secure. You will be responsible and liable for any actions of any person logging into the Platform using your username and password (including, without limitation, any adverts posted on the Platform via your account). You should notify us immediately if you suspect that anyone else knows your password or that anyone has accessed your account without your permission. Unless we have been notified otherwise will be entitled to assume that any person logging into our Platform using your username and password is you.
- We may at any time and for any or no reason refuse to accept a registration from any person. We may also terminate your account at any time (even if you have paid to upgrade), without warning for any or no reason, with or without prior notice or explanation and without liability and we may take legal action if needed based on your violation of these Terms.
Access and use of the Platform
- We do not charge any fees for registering an account with us. Some aspects of the Platform are also made available free of charge, such as placing standard adverts and browsing and searching on the Platform.
- We also offer a number of additional features and functionality on the Platform that are only available to members who have paid to upgrade their account. For more details on how to upgrade your account please refer to section 5 below.
- You agree not to use the Platform in any improper or unlawful manner or in breach of any legislation or licence that applies to you.
- Without limiting the foregoing, you agree that when using the Platform you will not:
- harass others or disclose personal information about others that could amount to harassment;
- publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, sexually explicit, harmful, confidential, libelous, hateful, threatening or otherwise illegal material or information, or anything which might constitute a criminal or civil offence;
- upload files that contain software or other material which are the Intellectual Property Rights of any third party, or which are protected by rights of privacy or publicity of any third party without having received all necessary consents;
- upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the Platform or any other computer;
- impersonate others or create false accounts or adverts on the Platform;
- promote any activity that is illegal;
- harvest information, with use of software or otherwise, from the Platform for purposes other than as specifically authorized under these Terms;
- solicit any users of the Platform for purposes other than as specifically authorized under these Terms;
- send chain letters, junk mail, ‘spamming’ material or any other form of bulk communication; or
- do or omit to do anything that, in our opinion: (i) brings us or the Platform into public disrepute, contempt, scandal or ridicule; (ii) damages or puts at risk any other users of the Platform; or (iii) materially prejudices us or the Platform.
- You agree to comply with all reasonable instructions and requests from us regarding your use of the Platform, including, but not limited to, providing any requested information for verifications regarding any listings.
- You are responsible for obtaining (at your own cost) all necessary equipment and telecommunications services required to access and use the Platform.
- You agree that we may, in our sole discretion, suspend access to the Platform temporarily, or terminate the service entirely, in each case, without notice, in the case of system failure, maintenance or repair or for reasons beyond our control or for any or no reason whatsoever and we shall not be liable to you in any way for such suspended access or termination of service.
Posting and responding to adverts on the Platform
- You need to register an account with us in order to post an advert on the Platform. There are two types of advert that can be posted on the Platform. The first is an advert that can be posted by any normal non-paying member who has registered an account with us (a "Free Ad"). The second type of advert, "Bold Ads", can only be posted by members who have paid to upgrade their account. Bold Ads appear highlighted in blue on the search results pages and feature above Free Ads of the same age. For more on the benefits of Bold Ads please refer to the FAQ section.
- To post an advert on the Platform click on the "Place ad" link on the homepage and follow the instructions. By posting an advert on the Platform you are representing and warranting (which is a legal promise) to us that:
- all the information you include in your advert will be truthful and, to the best of your knowledge and belief, accurate and not in any way misleading;
- any photos or videos you include in your advert will be current and accurate representations of the room(s) you are advertising;
- you have all necessary rights and permissions to advertise and/or rent or let the applicable room or property; and
- all adverts will comply with these Terms, including sections 6 and 8.
- You are responsible for the content of any adverts you post to the Platform, including any errors, omissions or inaccuracies contained in such adverts. We accept no liability to you or any other person for the content of any adverts posted on our Platform. We advise that you check the content of your advert immediately after posting it to the Platform to ensure you are happy with it. You may edit or remove any adverts you have placed on the Platform at any time by logging into your account and clicking on the My Ads link. For more details on how to do this please refer to the FAQ section.
- Once a Free Ad has been posted on the Platform, only Users who have paid to upgrade their account to get "Early Bird Access" will be able to respond to that advert for the first 7 days, commencing on the day it was first posted. After an advert has been on the Platform for 7 days or more any User of the Platform may respond to that advert via the Platform. Bold Ads can be contacted by all Users immediately.
- You may contact other members of the Platform via the messaging system on our Platform. However, please be advised we will not reveal any of our members' contact details or other personal information without the relevant members' permission. We do not routinely monitor all communications between Users via the messaging system on our Platform, but we may use software to track communications and we reserve the right to monitor them in order to investigate any suspected breach of our terms and conditions, any illegal behavior or any other misuse of our service, or for any other reasonable reason as determined by us from time to time. We reserve the right, in our discretion, to archive or discard communications sent via the messaging system on our Platform after a minimum of fifty six (56) days or otherwise immediately if we feel that the message is unlawful or inappropriate.
- We reserve the right to refuse to list and/or deactivate any advertisements or edit any User Generated Content we deem, in our reasonable discretion, to be in violation of these Terms. In such cases no refunds will be given. We reserve the right to request proof of your right to post adverts and/or other User Generated Content. In the event we receive any complaints about an advertisement or advertiser, we reserve the right to temporarily suspend the advertisement or account in question while we investigate the matter. After carrying out any such investigation we may terminate your account if we deem it appropriate to do so in our absolute discretion.
- We reserve the right to upload any adverts that are posted to the Platform to other relevant portal websites from time to time, such as other third party property search websites. We will never post Users’ contact details with their ads on third party websites.
Upgrading your account
- You may upgrade your account at any time by clicking on the "Upgrade" link on the "My account" section of the Platform.
- For more details of the different upgrade options available, and payment options on offer, please refer to the Upgrade section of the Platform.
- When you choose to upgrade your account we will charge you a payment for the upgrade period you have chosen. Payments will be processed by our third party payment processor, currently WorldPay, using their secure server or can be made using Paypal or any other payment method as advertised on the Platform from time to time.
- Your account will automatically revert to a standard membership at the end of your upgrade period unless you opt to extend your upgrade period by making a further payment. We will only charge you for the period you have selected to upgrade for. By giving us your payment card details you are not granting us any continuing authority to automatically extend your upgrade period unless you have specifically opted to make regular, ongoing payments.
User generated content
- In these Terms:
- "Intellectual Property Rights" means patents, rights in inventions, trademarks and service marks, domain names, registered designs and design rights, copyright (including rights in computer software and databases), database rights, moral rights and any rights of privacy or confidentiality (in each case whether registered or unregistered and for the full period of protection including any extensions, revivals and renewals) and including any applications for the same and the right to apply for any of the foregoing anywhere in the world, and all similar or analogous rights anywhere in the world; and
- "User Generated Content" means any information, text, image, photo, audio, video, works of authorship or other content or materials of any kind which are uploaded, posted, published, displayed, transmitted, shared or otherwise made available by you on the Platform, including any advert or any such content or materials included in any advert.
- The Platform includes functionality that enables you to submit or upload User Generated Content directly to the Platform, including, without limitation, by posting adverts on the Platform. By posting any User Generated Content to the Platform you are representing and warranting (which is a legal promise) to us that you have not posted or submitted any User Generated Content to the Platform:
- which is confidential, defamatory, offensive, infringing, obscene, sexually explicit, indecent, discriminatory or otherwise unlawful or objectionable;
- that you do not own or for which you do not have the permission of the owner or any other relevant person who may have rights in or connected to such User Generated Content, including any individuals who appear in any photos or other images that you upload to the Platform;
- if submitting it to the Platform would be a breach of any applicable data protection or privacy legislation; or
- if submitting it to the Platform would infringe the Intellectual Property Rights of another person.
- SpareRoom is committed to equal opportunities. You agree that you will not advertise on the Platform in such a way as to discriminate against anyone based on nationality, race, ethnic or religious group, sexual orientation, age, gender or disability. For details on discrimination law as it applies to housing click here.
- You acknowledge that it is your responsibility to ensure that your adverts comply with all applicable laws, including any laws in relation to discrimination and transparency of pricing.
- You acknowledge that any User Generated Content that you post to the Platform may be seen by other users of the Platform.
- You are responsible for your relationship with other members of the Platform. However, we reserve the right, but are not obliged, to monitor disputes between you and other members.
- You agree that you shall indemnify and compensate us for any loss, liability, claim, damage or expense (including reasonable legal fees and court fees) suffered by us as a result of:
- any breach by you of the warranties and representations in section 6.2; and
- any third party claim against us in connection with any adverts posted to the Platform under your account.
- In these Terms:
Notice and take down procedure
- Although we take reasonable steps to scan adverts that are posted to the Platform for spam and scams, we do not actively monitor all the adverts and other User Generated Content on the Platform. We do not therefore accept any responsibility or liability for any User Generated Content on the Platform.
- If you become aware that other members of the Platform have posted any adverts or other User Generated Content that is inaccurate, inappropriate, offensive (or does not comply with any of the provisions of these Terms) you may notify us by contacting us at email@example.com. If such misuse includes suspected infringement of copyright or other intellectual property, please follow the Copyright and IP Policy.
- We may, without notice, edit, revise or remove any adverts or other User Generated Content posted to the Platform that, in our sole judgement, violates these Terms or may be offensive, illegal, inaccurate, misleading or may violate the rights, or harm or threaten the safety of any person. It is our policy to terminate the accounts of Users who repeatedly infringe the intellectual property rights of others.
- For the avoidance of doubt, any decision we make in connection with the removal of any adverts or other User Generated Content from the Platform is final and we accept no liability to you in respect of any such decision.
- We do not claim any ownership of any Intellectual Property Rights in the User Generated Content that you post to the Platform. After posting any User Generated Content you retain all rights of ownership in it and you may use the User Generated Content in any way you choose (provided it does not breach these Terms).
- By submitting any User Generated Content to the Platform you automatically grant us the indefinite worldwide right and license to use, host, store, reproduce, display, publish, perform, modify, manage, distribute, create derivative works, communicate, publicly display and distribute such User Generated Content as part of the Platform or as part of any materials used to operate, promote, advertise or improve the Platform anywhere in the world. Although we have no obligation to moderate content on the Platform, we may monitor any information transmitted or received through the Platform. We may reject, block, suspend or remove your content at any time and in our sole discretion. We in no way guarantee that your content or any part of it will be displayed on the Platform.
- We will not be under any obligation whatsoever to pay you for any of the User Generated Content you upload to the Platform.
- Save in respect of the User Generated Content, all Intellectual Property Rights in and to the Platform and all content and materials contained on the Platform are owned by and shall remain owned by us or our licensors. You may view, download and print any materials and information made available to you through the Platform subject to the following conditions:
- the material may only be used for your personal non-commercial use;
- the material shall not be reproduced or included in any other work or publication in any medium;
- the material may not be modified or altered in any way;
- the material may not be distributed or sold to any third party; and
- you may not remove any copyright or other proprietary notices contained in the material.
- These Terms are not intended to prevent you recording in manual form any individual item of information, or disclosing any individual item of information, free of charge, to friends or relations for non-commercial purposes, provided you take all reasonable steps to ensure that any person to whom you may disclose that information complies with these Terms.
- To the fullest extent permitted by applicable law and, except as expressly provided in these Terms, the Platform and all content, products and services provided through it are provided on an "as is" basis. We do not make any representation or warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise), in relation to the Platform or any content, products and services provided through it including, without limitation, any warranties in relation to fitness for a particular purpose or in relation to the quality, completeness, accuracy or reliability of the Platform and all content, products and services provided through it. You use the Platform at your own risk.
- Without limiting the generality of the foregoing you acknowledge and agree that any rooms, apartments, houses, properties or tenancy arrangements are provided by our members and not by us. We have no control over, nor accept any responsibility or liability for, any such arrangements or issues you may encounter with them.
- We do not inspect any of the properties or rooms that feature in adverts on our Platform. We strongly advise you to inspect properties thoroughly before you make any binding commitments in respect of any properties or rooms listed on our Platform.
- The information made available on the Platform, whether posted by us or by any other users, is provided for information purposes only. We cannot guarantee that any adverts or other information provided on the Platform will be correct, accurate, up to date or meet your needs or requirements. The information provided on the Platform is not intended to be professional or legal advice of any kind and should not be relied on as such. Any reliance you place on any materials or information made available on the Platform is entirely at your own risk.
- Although we do our utmost to ensure a reliable service we do not guarantee that the Platform will always be available or error free, that defects will be corrected, or that the Platform or the server that makes it available are or will be always free of viruses or other harmful components.
- Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Please check the local laws of the jurisdiction in which you are resident to determine the extent to which any implied warranties may be relevant to our legal relationship with you.
- Nothing in these Terms is intended to disclaim or exclude any warranty or liability that cannot be disclaimed or excluded by operation of applicable law.
Limitation of liability
- Nothing in these Terms limits or excludes our liability for: (a) death or personal injury caused by negligence; (b) any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us; or (c) any other liability which may not be limited or excluded by applicable law.
- Subject to section 10.1 above, you agree that we shall not be liable for: (a) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind; or (b) any direct or indirect loss of profit, anticipated savings, opportunity or business and loss, corruption or damage to data, in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with: (i) any use of this Platform or the services provided through it; (ii) any failure or delay in the use of any component of the Platform or any service including, without limitation, any unavailability of the Platform or the services provided through it irrespective of the duration of any period of unavailability; (iii) any use of or reliance upon any adverts, information, material, or other products or services offered through the Platform, in all cases even if we have been forewarned of the possibility of such loss or damage; and (iv) any tenancy or lodging arrangements of any kind that you enter into as a result of using our Platform.
- Subject to section 10.1 above and without limiting section 10.2 in any way our total aggregate liability to you under these Terms whether based in contract, tort (including negligence), strict liability, or otherwise shall be limited to direct losses not to exceed the total payments you have made to us for services offered to you through the Platform in the 12 months preceding your claim.
- If any dispute, controversy or claim arises under these Terms, or the Platform in general, and cannot be resolved by facilitated negotiations (or the parties agree to waive that process) then such dispute, controversy or claim shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Mediation Procedures. The arbitration proceeding shall take place in New York County, New York, unless the parties agree to a different locale and shall be conducted in the English language. There shall be one arbitrator agreed to by the parties within twenty (20) days of receipt by respondent[s] of the request for arbitration or in default thereof appointed by the AAA in accordance with its Commercial Rules. Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, parties waive any right to a jury trial. You agree to keep confidential the existence of the arbitration, the arbitral proceedings, the submissions made by the parties and the decisions made by the arbitral tribunal, including its awards, except as required by applicable law and to the extent not already in the public domain.
Third party sites
- This Platform contains links to other websites and/or mobile applications operated by third parties that are not under our control. We make no guarantees, warranties or representations whatsoever about any third party websites that you may access through this Platform, or any services that may be provided through such third party websites.
- Without limiting the foregoing, please note that any third party websites and/or mobile applications that you may access by clicking on a link available on our Platform are in no way approved, vetted, checked or endorsed by us and you agree that we shall not be responsible or in any way liable to you for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on such third party websites and/or mobile applications. If you choose to access any such third party website and/or mobile applications that we do not control, you do so entirely at your own risk. In addition, please note that your use of any such third party website and/or mobile applications may be subject to that third party’s additional terms and conditions.
- We may disable the Platform or cease the provision of any of the services made available through it, or terminate your membership of the Platform, at any time in our sole discretion for any reason whatsoever.
- In the event that we disable the Platform or terminate your account through no fault of your own and in circumstances where you have not breached these Terms you will be entitled to a refund for any unused subscription fees that you have pre-paid to us.
- We may in our absolute discretion either suspend or terminate your account if you breach any of these Terms. If you are found to have breached these Terms and we choose to terminate your account you will not be entitled to a refund of any subscription fees you have pre-paid to us.
- You may de-activate (either temporarily or permanently) your account with us at any time by notifying us that you wish to do so at the following email address: firstname.lastname@example.org.
- Termination of these Terms and/or your account with us, howsoever caused, shall not affect the accrued rights and liabilities of either you or us as at the time of such termination. You will still be responsible for the promises you have made to us about your User Generated Content as well as any damages that result from your violation of these Terms.
Data Protection and Privacy
- Subject to section 10.1, you shall have no remedy in respect of any untrue statement made to you upon which you relied in entering into these Terms other than for any breach of our express obligations set out in these Terms.
- These Terms do not create or infer any rights that are enforceable by any person who is not party to them.
- You may not assign, sub-license or otherwise transfer any of your rights and obligations in these Terms to any other person.
- If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.
- If any part of these Terms is found to be illegal, invalid or otherwise unenforceable by a court or regulator, then, where required, that part shall be deleted from the Terms and the remaining parts of the Terms will continue to be enforceable.