Terms
(Click here to see our privacy policy.)
Welcome to www.spareroom.com (the "Site") and/or our US
SpareRoom mobile application (collectively the
"Platform") brought to you by Spareroom, Inc
("SpareRoom", "we",
"us" and "our"), a company registered in
Delaware with file number 6113758. Spareroom, Inc's trading address is at
234 5th Avenue, #413,
New York,
NY,
10001.
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.
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Contact us
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If you would like to contact us about the Platform, please do so
using the following details:
Spareroom, Inc
234 5th Avenue, #413
New York
NY
10001
Email:
customerservices@nullspareroom.com
Tel: 1 877 834 2909
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Registration
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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.
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You will need to register with us in order to create and post any
ads (also known as "listings") on the Platform. You can
register by clicking on
"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".
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We also allow Users to log in to our Platform using their Facebook
account details, by utilizing the Facebook Connect feature. If you
choose to create an account with us that's linked to your Facebook
profile in this way you will only need to enter your Facebook login
details in order to create an account with us. By entering your
Facebook log in details you're granting us permission to share
certain information with Facebook and display this on SpareRoom's
platforms, so that we can provide you with an enhanced service. For
more information on the information that may be shared between us
and Facebook please refer to our
privacy policy.
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We allow users to log into our Platform using their Google account details,
by utilizing the “Sign in with Google” feature. If you choose to create an account with us
that's linked to your Google account profile in this way, or link an existing SpareRoom account
to your Google account profile in this way, you will only need to enter your Google account
login details in order to create the account, link the account, and then login in future.
By entering your Google account login details, you are consenting to Google sharing your basic
profile information, namely your profile picture, name and email address, together with any
additional information such as your gender and date of birth that you may consent to being shared.
This data will form part of your SpareRoom profile which may be visible to other users, please see clause
4.11. You can stop using the “Sign in with Google” feature at any time by accessing the “Security & Sign in”
section of your Google Account and disabling the feature for SpareRoom.
If you disable the “Sign in with Google” feature, you will still be able
to access your SpareRoom account by logging in using your email address and resetting the password.
If you choose to enable the “Sign in with Google” feature, Google does not gain any access to your SpareRoom
account and we do not share any additional data with Google as a result of you using the feature
(other than the fact that you have used the feature to register an account or login).
For more information on how the information we obtain will be handled, please refer to our
privacy policy.
- You must be both (a) at least 18 years old; and (b) of the age of majority
under the laws of your jurisdiction, 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 reached the age of
majority under the laws of your jurisdiction; (iii) you have not previously
been banned from the Platform; and (iv) you do not already have an
account registered with us.
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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.
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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 ads 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 we will be entitled to assume that any
person logging into our Platform using your username and password is
you.
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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.
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Access and use of the Platform
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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 posting a single standard ad and browsing and searching on the
Platform.
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We also offer a number of additional features and functionality on
the Platform that are only available to members who have either (a)
paid a specific fee for such additional features or functionality;
or (b) paid to upgrade their account. For more details on how to
upgrade your account please refer to clause 5 below.
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You agree not to use the Platform, or any information or material
made available to you on the Platform, in any improper or unlawful
manner or in breach of any rule, regulation, legislation or licence
that applies to you. You will not create any integrations (software
or otherwise) to the Platform without the express written consent of
SpareRoom.
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Without limiting the foregoing, you agree that when using the
Platform you will not:
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harass others or disclose personal information about others that
could amount to harassment;
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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;
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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;
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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;
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impersonate others or create false accounts or ads on the
Platform;
- promote any activity that is illegal;
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harvest information, with use of software or otherwise, from the
Platform for purposes other than as specifically authorized
under these Terms;
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use any unauthorized integrations (software or otherwise) to the
Platform;
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solicit any users of the Platform for purposes other than as
specifically authorized under these Terms;
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send chain letters, junk mail, ‘spamming' material or any other
form of bulk communication
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act in contravention of any policies for uploading content
and/or posting ads that we may make you aware of from time to
time; or
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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.
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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 ads/listings.
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You are responsible for obtaining (at your own cost) all necessary
equipment and telecommunications services required to access and use
the Platform.
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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.
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You agree that your interactions with other members of the Platform
and our personnel, whether via message, email or over the telephone,
will at all times remain respectful and courteous.
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You agree that any tenancy or lodger arrangements entered into in
respect of any room and/or property you rent out will be in
compliance with all laws and regulations; and you will act in
accordance with such arrangements, laws and regulations at all
times.
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Posting and responding to ads on the Platform
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All ads posted to the Platform must:
- be for residential lets only;
- be compliant with all appropriate legislation;
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save where an exception may be permitted as part of the Managed
Service (as described at clause 6.1(d)), be for a single
property having its own unique and identifiable mailing address.
In other words, an ad cannot advertise more than one property
where each property has a different unique identifiable mailing
address, irrespective of whether they are both located within a
single larger building;
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save where an exception may be permitted as part of the Managed
Service (as described at clause 6.1(d)), be specific to the room
and/or property being advertised and must not be generic, for
example, an ad cannot simply advertise the facilities of a
building where there are multiple properties/units to rent, the
ad must be specific to a particular property;
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where advertising a room or rooms rather than a full property,
list all of the available rooms to rent within that single
property in a single ad; and
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be distinct, for example, where you have several ads advertising
different properties but the properties are very similar
(because they are perhaps within the same building complex)
ensure that you adjust the order of the photos or use different
photos so that it is clear it is a different ad for a different
property and not a duplicate ad for another property.
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You need to register an account with us in order to create and post
an ad (also known as a "listing") on the Platform. When you
register for a free account on the Platform, this enables you to
post a single ad/listing for rooms and/or properties to rent on the
Platform at any one time. You can upgrade your account in order to
be able to post additional ads/listings for rooms and/or properties
available to rent at the same time.
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There are two types of ad that can be posted on the Platform. The
first is an ad that can be posted by any normal non-paying member
who has registered an account with us (a "Free Ad"). The second type of ad, "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.
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To post an ad on the Platform click on the "Post ad" link
on the homepage and follow the instructions. By posting an ad on the
Platform you are representing and warranting (which is a legal
promise) to us that:
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all the information you include in your ad will be truthful and,
to the best of your knowledge and belief, accurate and not in
any way misleading;
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any photos or videos you include in your ad will be current and
accurate representations of the room(s) and/or properties you
are advertising;
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you have all necessary rights and permissions to advertise
and/or rent or let the applicable room or property (note we
reserve the right to request proof of such rights and/or
permissions); and
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all ads will comply with these Terms, including clauses 8 and
10.
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You may not:
- post multiple ads for the same room and/or property;
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post dummy or fake ads for rooms and/or properties that aren't
available for let or aren't available to be viewed; or
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delete an ad and repost it in order to make it appear as "New
Today".
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You are responsible for the content of any ads you post to the
Platform, including any errors, omissions or inaccuracies contained
in such ads. We accept no liability to you or any other person for
the content of any ads posted on our Platform. We advise that you
check the content of your ad immediately after posting it to the
Platform to ensure you are happy with it. You may edit or remove any
ads you have posted 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.
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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 ad for the first 7 days, commencing
on the day it was first posted. After an ad has been on the Platform
for 7 days or more any User of the Platform may respond to that ad
via the Platform. Bold Ads can be contacted by all Users
immediately.
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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.
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We reserve the right to refuse to list and/or deactivate any ads or
edit any User Generated Content we deem, in our reasonable
discretion, to be in violation of these Terms or which we are
instructed to refuse to list or deactivate by any court or law
enforcement authority. In such cases no refunds will be given. We
reserve the right to request proof of your right to post ads and/or
other User Generated Content. In the event we: (a) receive any
complaints about an ad or advertiser; (b) receive notice of an
investigation into an ad or advertiser by any law enforcement or
regulatory authority; or (c) otherwise become aware of any violation
of these Terms or any illegal behavior conducted by an advertiser,
we reserve the right to temporarily suspend the ad 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.
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We reserve the right to upload and publish any ads 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.
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All ads on the Platform contain a public profile of the advertiser.
By posting an ad you consent to information such as your age and
gender being included in your profile. To update any of the
information shown on your profile, please contact the Customer
Services team at
customerservices@nullspareroom.com.
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We allow all users the ability to Renew their ads. Renewing reposts
the ad back into the listings as New, and posts your ad at the top
of the New listings. Renewing won't post your ad back as New Today.
The search results your Renewed ad appears on, and its position on
that page, is determined by the number of newer, or more recently
Boosted and/or Renewed ads that have been posted. For a full
explanation of how ads are ranked on SpareRoom, please refer to our
FAQ section. Renewing an
ad restarts the 7 day Early Bird phase.
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Upgrading your account
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You may upgrade your account at any time by clicking on the
"Upgrade" link in the "My account" section of our Platform. For more
details of the different upgrade options available, and payment
options on offer, please refer to the Upgrade section of our
Platform.
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Where a four week upgrade of your account is purchased;
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subject to clause 5.2 (b) below, you can during that four week
upgrade period (via the “My account”, “My Ads” or “Upgrade”
section of our Platform) pause that upgrade once for a maximum
of twelve months. When you confirm the upgrade is to be paused,
you will be provided with a unique code and instructions on how
to reactivate your upgrade again. When you reactivate your
upgrade, it will continue to run for the remaining period of
your upgrade. For example, if you purchase a four week upgrade
on 1 January and pause it on 14 January, you have twelve months
to reactivate your upgrade and, once reactivated, the upgrade
will run for the remaining fourteen days (even if reactivated on
the last day of the twelve month reactivation period). If you
fail to reactivate your upgrade within the twelve month
reactivation period then the remaining period of your upgrade
will be lost; and
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providing you have not previously paused your original four week
upgrade under clause 5.2 (a) above and you email
customerservices@spareroom.com or call
1 877 834 2909 within three (3)
days of your original upgrade ending, SpareRoom offer a success
guarantee whereby if (for whatever reason) by the end of your
four week upgrade you're unsuccessful in either renting out your
room and/or property or finding a room and/or property to rent
(as applicable), then SpareRoom will reactivate your upgrade for
a further four (4) week period free of charge (“Success Guarantee”). Claims for the Success Guarantee after the three (3) day
claim period has expired and/or where your original four week
upgrade was previously paused in accordance with clause 5.2 (a)
above will not be valid. The Success Guarantee can only be
claimed once for each four week upgrade purchased and, during
the reactivated Success Guarantee period, the upgrade may not be
paused under clause 5.2 (a) above.
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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 Stripe or 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.
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Your account will automatically revert to our free service at the
end of your upgrade period unless you opt to extend your upgrade
period by making a further payment or the Success Guarantee is
claimed and applied to your account. We will only charge you for the
period you have selected to upgrade for (save where the upgrade is
extended by means of the Success Guarantee, in which case it is free
of charge). By giving us your payment card details you are not
granting us any continuing payment authority to automatically extend
your upgrade period unless you have specifically opted to make
regular, ongoing payments as part of a monthly subscription package.
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For monthly subscription packages, your monthly subscription will be
auto-renewed each month unless you cancel your subscription (and the
cancellation will operate in accordance with clause 5.7), or we
terminate it (which will operate in accordance with clause 15). The
contract for the monthly subscription packages will be deemed
continuous from the date of purchase of the first month of your
monthly subscription package. By providing your payment card details
you are granting SpareRoom a continuous payment authority to deduct
the cost of a monthly subscription package from your payment card
each month. SpareRoom reserves the right to alter the cost of a
monthly subscription package from time to time, but you will be
notified in advance of any increase in the price, and such price
increase will only take effect from your next subscription renewal
payment date (subject to earlier cancellation or termination).
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Once you've confirmed the payment to upgrade your account and we
have sent you a confirmation email confirming your purchase, a
contract for upgraded services between you and us will have been
formed. Your confirmation of payment will be taken as your express
request for us to begin supplying the relevant services immediately
following our sending of the confirmation email. You have the right
to cancel your contract for upgraded services for up to 14 days
after the contract has been formed. To exercise your right to
cancel, you must inform us of your decision. You may do this by
contacting us via email, telephone or post. Please note, once you
have started to receive the benefits of our upgraded service you
will not be entitled to a full refund and we are entitled to charge
you a pro rata amount for any services you have already received.
The amount you are refunded will depend on when you decide to cancel
your contract and will be calculated as follows:
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If you cancel your purchase within the first 7 days of your
contract with us and while your upgrade is still active, you
will be charged a pro rata amount for each day or part of a day
of your subscription period that you have used. In the event the
upgrade has already expired before contacting us to cancel, the
upgrade will no longer be eligible for a refund of any kind.
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The pro rata amount you will be charged will be based on the
full price for a 7 day upgrade, i.e. 1/7th of the price of a 7
day upgrade will be deducted from the total amount you have paid
for each day or part of a day that you have used and you will be
refunded the remainder of your payment;
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For the purposes of calculating the amount to be refunded, a
'day' means a complete 24 hour period starting from the time
that we send you confirmation of your upgrade purchase;
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For the avoidance of doubt, any cancellation requests received
in the first 24 hours of your contract will incur 1 days'
charge; requests received after 24 hours but before 48 hours
have passed will incur 2 days' charge and so on; and
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If you cancel your purchase after 7 days but before the end of
the 14 day period we will charge you the full cost of purchasing
a 7 day subscription period as you have already received the
benefit of a full 7 day period but we will refund you the
remainder of your payment.
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If you make use of any additional services provided to you as
part of your purchase, a pro rata amount for these services will
also be charged.
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You have the right to cancel your monthly subscription package as
outlined in clause 5.6. Any cancellations of a monthly subscription
package outside of the time period set out within clause 5.6 will be
effective from your next subscription renewal payment date.
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We may, at our discretion, provide users amending their monthly
subscription package part way through a month with a pro rata refund
based on any remaining services not used during the active monthly
subscription period. The amount due will be calculated on the time
remaining before the next payment date and any Boosts which have
been used during that time. If all allocated Boosts have been used
during the active monthly period, you won't be eligible for a pro
rata refund whilst amending your subscription.
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For the purposes of calculating a pro-rata refund, the number of
Boosts used will be assigned a monetary value up to and including
the value of your full monthly payment should all Boosts have been
used prior to us receiving your request for cancellation. If there
are Boosts remaining, an amount based on the number used will be
deducted from the overall refund due. For more information, please
contact
customerservices@nullspareroom.com.
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Annual packages cannot be cancelled or downgraded. However, at our
discretion, we may allow a user to cancel an annual package to
increase their overall number of listings by opting for an
alternative professional upgrade package. In these cases, a pro rata
refund will be calculated on the remaining time based on the nearest
month's usage. The refund amount for the existing month will be
calculated on the volume of Boosts used in that month. For the
avoidance of doubt, the month period will run from the date of
purchase. The new higher listing upgrade package must be purchased
at the time of cancellation. This doesn't affect your right to
cancel as outlined in clause 5.6
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Refunds will be made via your original method of payment and will
usually be processed within 7 working days.
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Please note you will no longer have the right to cancel your
upgraded subscription after your contract for upgraded subscription
has been fully performed which in the case of a contract for a 7 day
subscription period will be after the expiry of the 7 day period.
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Additional features for room and/or property advertisers
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This clause of these Terms only applies to members of the Platform
who are advertising rooms and/or properties. Any members of the
Platform advertising rooms and/or properties that have registered an
account with us, and are paying for an upgraded subscription
service, may also elect to take advantage of some of the additional
features and services we offer to those advertising rooms and/or
properties as described in this clause of these Terms.
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Featured Ads
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We operate a pay per click system, which you can use to give
your ads greater prominence in search listings. Search
listings will generally be displayed by relevance to a
user's search query. However, we also permit members of the
Platform advertising rooms and/or properties to set their
own pay per click fees to promote their ads (the "PPC Rate"). Ads that are subject to such pay per click arrangements
will receive greater prominence than normal ads. Ads that
have the highest PPC Rate set for the relevant search terms
will be given the greatest prominence in the search listings
on a declining scale.
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Once selected, in order for the Featured Ads service to be
active, it is necessary for your account to have a positive
funds balance. If your account has a positive funds balance
but that balance is insufficient to cover your PPC Rate, the
Featured Ads service will still be active, but any click on
your ad will still apply your chosen PPC Rate and your
account will go into a negative balance. If there are no
funds available within your account, including any negative
balance, then the Featured Ads service will be automatically
deactivated, and your ads will return to being normal ads.
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Funds for the Featured Ads service (minimum of $10) can be
added manually to your account at any time through our third
party payment processor, currently Stripe, using their
secure server, or made using PayPal or any other payment
method as advertised on the Platform from time to time.
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Spending on the Featured Ads service will continue to be
governed by the daily spend limit set by you.
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Where your account has a negative balance (as explained in
(ii) above), any funds added will first clear the negative
balance, with any remaining balance being credited to your
account. For example, where $10 is added to an account which
has a negative balance of 5c, the account balance will show
as $9.95.
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If you want to find out more about the Featured Ads service
or request the return of funds within your account that are
no longer needed for the Featured Ads service, then please
email
customerservices@nullspareroom.com
or call 1 877 834 2909.
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Boosts
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Boosts can be applied to new ads or reactivated ads after a
period of 7 days and are used to push your ads back up to
the very top of the listings. Once applied, the ad remains
Boosted for 24 hours. The search results page your Boosted
ad appears on, and its position on that page, is determined
by the number of New Today and/or Boosted ads posted to
SpareRoom after your Boost was applied. For a full
explanation of how ads are ranked on SpareRoom, please refer
to the
FAQ section.
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Boosts can be used on the same ad or applied to different
ads, but only one Boost can be used on the same ad within a
7 day period. Once a Boost has been successfully applied to
an ad it can't be paused or applied to another ad and that
ad can't also be Renewed for a period of 24 hours. For an
overview of our Renew feature please refer to clause 4.12.
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Certain subscription packages (as identified on our
Platform) automatically include a number of Boosts. In these
circumstances, the number of Boosts applied to your account
is calculated as 50% of the monthly listings your package
contains, rounded down to the nearest whole number. For
example, a user with 10 listings gets 5 boosts per month, a
user with 5 listings gets 2. The number of Boosts included
in your subscription package and available to use resets
each month on your subscription payment date. Unused Boosts
which are automatically included in your subscription
package can't be carried over or saved.
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If you have an upgrade or subscription package which does
not automatically include Boosts or you want additional
Boosts to those already automatically included in your
subscription package then these can be purchased through the
"My ads" section of our Platform or via the link on your ad
panel. Boosts purchased in accordance with this clause 6.1
(b) (iv): (i) are valid for a period of 12 months from the
date of purchase (and expiry dates for these Boosts can be
found in the "My ads" section of our Platform); and (ii) can
be used after the expiry or termination of your upgrade or
subscription package up to the Boost expiry date. Any Boosts
not used within 12 months of purchase will expire and no
longer be available for use.
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For more information on Boosts and how they work, please
contact customer services on 1 877 834 2909.
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Branded Ads
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We may also permit certain members of the Platform who are
advertising a large number of properties or rooms on our
Platform to include their own branding on their ads and/or
to be awarded “pro landlord status” and have that status
recognised in their ads. These additional services are
offered entirely at our discretion and you may be required
to pay additional fees and/or sign up to additional terms
before you are able to take advantage of them. If you’re
interested in finding out more, please contact us to discuss
this further.
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Managed Service
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For those members of the Platform who are advertising a
large number of properties and/or rooms on our Platform, for
example, co-living businesses, estate agents and property
management companies, SpareRoom offers a managed service
whereby SpareRoom will work with you to upload and update
your vacant ads/listings, interact with and pre-qualify
users that enquire about your ads/listings and then send
over the qualified leads to your sales/leasing team (“Managed Service”). The Managed Service, from time to time, offers ad types
with custom features unavailable to other users of the
Platform who do not take the Managed Service. The Managed
Service is offered entirely at our discretion, is subject to
an alternate pricing structure and you will be required to
sign up to additional terms and conditions before you are
able to take advantage of the Managed Service. If you’re
interested in finding out more, please contact us via email
at
tom.macthomas@spareroom.com to discuss this further.
-
Additional features for individuals who are either landlords
advertising or individuals looking for a room and/or property to rent
-
This clause of these Terms only applies to members of the Platform
who are individuals and are either landlords advertising or
individuals looking for a room and/or property to rent. In other
words, this clause does not apply to companies and/or agents.
-
Verification
-
If you are a member of the Platform who is an individual and
either a landlord advertising or an individual looking for a
room and/or property to rent then we offer the ability for
you to undertake a verification check (“Verification Check”) which consists of:
- verification of your cellphone number;
-
verification of your name and date of birth using a form
of photo identification, such as your driver’s license,
passport or national id; and
-
a criminal records check, including criminal records,
terrorist watchlists and sex offenders registers.
It is not a requirement for an individual who is either a
landlord advertising or individual looking for a room and/or
property to rent to undertake a Verification Check in order
to use the Platform or place an ad advertising or seeking a
room and/or property.
-
The cost of a Verification Check is set out within the “Edit
my details" section of our Platform. Due to language and
other constraints in the system, it is not possible to
conduct Verification Checks involving Chinese, Russian,
Japanese, Cuban, Iranian, North Korean or Syrian
documentation.
-
Where the Verification Checks mentioned in (i) A and (i) B
above are successfully passed and the criminal records check
in (i) C does not identify any prior records, your profile
will be automatically updated by the system to display a
green “tick” and “Verified User” icon and explain what
aspects have been verified, such as your name and date of
birth and the fact that no criminal records were found. The
results of the actual Verification Checks will not be shared
with other Users of the Platform. The green “tick” and
“Verified User” icon will be visible against your profile
for a period of twelve (12) months from the successful
completion of the Verification Check unless we become aware
of or we receive notification from either you or another
person that, subsequent to the Verification Check,
circumstances have changed which mean that you would no
longer pass the Verification Checks, for example, you now
have a criminal record. In which case, the green “tick” and
“Verified User” icon will be removed from your profile and
such removal will not entitle you to a refund of the cost of
the Verification Check.
-
If you undertake a Verification Check and either your
identity is not verified for whatever reason through the
Verification Checks mentioned in (i) A and (i) B above
and/or the criminal records check in (i) C identifies a
prior record within the searched categories then you will be
notified on screen that we have been unable to verify you
for the purposes of the Platform and your profile will not
display a green “tick” or “Verified User” icon. Other Users
of the Platform will not be able to see that you undertook
and failed the Verification Checks. Failure to pass the
Verification Check, for example because you have a criminal
record or the picture of your photo identification is too
blurred, too dimly lit or there is glare, does not entitle
you to a refund of the cost of the Verification Check.
Refunds will only be provided when you are unable to
complete the Verification Check due to the system being
unavailable for technical reasons.
-
We use third party suppliers in order to carry out the
Verification Checks and whether you pass or fail is
determined by the third party supplier in its sole
discretion, we do not participate in the processing or
evaluation of the Verification Checks.You:
-
consent to your personal data, such as your name,
username, other similar identifier and date of birth and
images, being provided either direct or through the
Platform to such third parties and processed for the
purposes of the Verification Checks and for the supplier
further developing and improving their service;
-
agree that you shall indemnify and compensate us and our
affiliates for and against any loss, liability, claim,
damage, fines, penalties, costs or expense, whether in
law or equity and whether known or unknown, that (i) you
have or may in the future have against us or our
affiliates arising out of or in connection with your use
of the Verification Checks (including use by us or our
third party suppliers of your personal data provided in
relation to the Verification Checks for the purposes of
the Verification Check and/or development and
improvement of the service); and (ii) any third party
claim against us or our affiliates arising out of or in
connection with your use of the Verification Checks; and
-
acknowledge and agree that, where any identity documents
submitted as part of the Verification Checks are
suspected to be fraudulent, they may be retained by
Fraud Database Service Providers (being a government
body or other third party service provider that checks
whether an identity document has been previously
identified to them as lost, stolen, fraudulent or
otherwise compromised) for the purposes of identifying
fraud in the future.
-
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 ad or any such
content or materials included in any ad.
-
The Platform includes functionality that enables you to submit or
upload User Generated Content directly to the Platform, including,
without limitation, by posting ads 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
ads 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
clause 8.2; and
-
any third party claim against us in connection with any ads
posted to the Platform under your account.
-
Notice and take down procedure
-
Although we take reasonable steps to scan ads that are posted to the
Platform for spam and scams, we do not actively monitor all the ads
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 ads 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
customerservices@nullspareroom.com. If such misuse includes suspected infringement of copyright or
other intellectual property, please follow our
Copyright and IP Policy, which is in compliance with the requirements set out in the Digital Millennium
Copyright Act ("DMCA").
-
We may, without notice, edit, revise or remove any ads 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 ads or other User Generated Content from the
Platform is final and we accept no liability to you in respect of
any such decision.
-
Intellectual Property
-
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, use, download and print any
materials and information made available to you through the Platform
(including any User Generated Content) 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.
-
Disclaimers
-
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"
and "as available" 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 merchantability,
fitness for a particular purpose, non-infringement 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 and all content, products and services 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 ads
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.
-
Without limiting the generality of the foregoing, you acknowledge
that where the profile of a User shows a green "tick" and "Verified
User" icon that SpareRoom is not giving any opinion on the
suitability or otherwise of the User as a potential landlord, tenant
and/or lodger (as applicable) and you take sole responsibility and
liability for any conclusions drawn by you. A green “tick” and
“Verified User” icon is not intended to be a substitute for
conducting your own checks such as in-person interviews, reference
checks, online and social media searches, and obtaining copies of
identification documentation. You recognise that Verification
Checks, particularly those relating to criminal records, are not
always accurate and may not reveal a person's complete criminal
history due to it not being possible to search all proprietary and
public record information databases throughout the world and any
limitations (such as some states not reporting comprehensively into
national criminal databases), errors or omissions in the US
proprietary and public record information databases that are
searched as part of the verification process. Verification Checks
can only be made against information and using the technologies
available on the date that the Verification Check is made and will
not take into account information or technologies that may
subsequently become available after the Verification Check has been
made.
-
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 ads 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.
-
Speed roommating
-
Speed roommating events are operated by Spareroom, Inc. By
registering for an event you are bound by the same terms and
conditions as you would be by registering for the Platform,
including our
privacy policy.
-
If we have to postpone, cancel or modify an event, we'll inform
attendees via email as soon as possible.
-
We reserve the right to exclude individuals from an event if their
behavior is threatening, offensive or in any way inappropriate.
Exclusion may lead to a ban on registering for future events.
-
At every speed roommating event we take photos of the room and
people in attendance to use for promotional purposes. By signing up
for an event you give your consent to this photography and agree
SpareRoom will own any such footage and may use it for promotional
purposes without restriction. If you don't want to be photographed,
please let a member of staff know.
-
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 clause 13.1 above, you agree that we shall not be liable
for:
-
any indirect loss, claim or damage, or any punitive, special,
incidental or consequential damages of any kind; or
-
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 ads, 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 clause 13.1 above and without limiting clause 13.2 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 and/or mobile applications
that you may access through this Platform, or any services that may
be provided through such third party websites and/or mobile
applications.
-
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.
-
Termination
-
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:
customerservices@nullspareroom.com.
-
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
-
We will only use any personal information that we may collect about
you in accordance with these Terms and our
Privacy policy. Our
privacy policy is an important part of these Terms and it is
important that you read it. By accepting these Terms you also accept
our use of your personal data in accordance with these Terms and our
privacy policy.
-
Third Party Beneficiaries
-
Except as set out in clause 17.2 below, SpareRoom and you do not
confer any rights or remedies upon any person other than SpareRoom
and you and our respective successors and assigns.
-
Where you have opted to undertake a Verification Check in accordance
with clause 7.1, SpareRoom and you hereby designate our Verification
Check supplier, Onfido Limited, as a third party beneficiary of
clause 13 of these Terms, having the right to enforce clause 13.
-
General
-
These Terms and our privacy policy set out the full extent of our
obligations and liabilities concerning the Platform and the services
offered through it and replace any previous agreements and
understandings between us and you.
-
Subject to clause 13.1, 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.
-
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.
-
The Platform is operated from the US. All matters arising out of or
relating to these Terms are governed by and construed in accordance
with the internal laws of the State of New York without giving
effect to any choice or conflict of law provision or rule (whether
of the State of New York or any other jurisdiction) that would cause
the application of the laws of any jurisdiction other than those of
the State of New York.
-
Additional terms for referral marketing programs provided by Talkable
-
Talkable ("we" or "Talkable") offers customers
("you" or "Advocates") of SpareRoom ("the
Merchant") the opportunity to refer friends
("Friends") to try the Merchant's goods or services ("Merchant's Services") ("Talkable Referral Program" or "Program").
-
These terms apply to individuals who are accessing or using the
Program both as a referrer ("Advocate") and a friend
("Friend") referred to the Merchant's Services.
-
By participating in the Program, Advocates and Friends agree to use
the Program in the manner specified in, and are bound by, these
Terms and Conditions. If you do not agree to these Terms and
Conditions in their entirety you are not authorised to register as
an Advocate or Friend or participate in the Program in any manner.
-
We reserve the right to modify or amend at any time these Terms and
Conditions. You may terminate this Agreement if you do not wish to
be bound by any such amendments but by continuing to use our website
or the Program you will be deemed to have accepted the new terms.
- The offer may be subject to a minimum spend.
-
There are limits in place on how many and how frequently referrals
can be made by any single referrer. Rewards may not be given if
those limits are exceeded.
- Rewards must be claimed before the expiration of codes.
-
SpareRoom reserves the right to refuse the issue of any reward to
any Referred Friend or Advocate at any time.
-
SpareRoom reserves the right to vary any and all elements of this
offer at any time without notice.
-
SpareRoom reserves the right, at their sole discretion, to prevent
any individual from participating in this or future promotions.
-
Referral credit cannot be applied to previous purchases, and is not
redeemable for cash.
-
This referral program is subject to modification or termination at
any time without notice in our sole discretion.
-
SpareRoom permits Talkable to collect PII data (can include but not
limited to name, email address, IP address, and shipping address
through shopping cart integration) in order to successfully manage
the referral program. Talkable will collect, process and store
customer's PII data. If a customer wishes to be removed from the
referral program, they can do so by contacting:
customerservices@nullspareroom.com.
(Click here to see our privacy policy.)