LET’S GROUP OF COMPANIES LTD
TERMS AND CONDITIONS
THIS DOCUMENT SETS OUT THE TERMS ON WHICH LET’S GROUP OF COMPANIES LTD TRADING AS LETSROOMMATE.CO.UK (“LETSROOMMATE”) PROVIDES YOU WITH THE SERVICES (DEFINED BELOW) AND ACCESS TO WWW.LETSROOMMATE.CO.UK (“WEBSITE”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES AND THE WEBSITE. BY USING THE SERVICES AND THE WEBSITE (WHOLLY OR PARTLY) IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS.
YOU ARE ADVISED TO PRINT AND RETAIN A COPY OF THESE TERMS FOR YOUR FUTURE REFERENCE.
The General Conditions under Section A shall have general application to all users of the Services and the Website. Sections B and C shall apply to users who are acting as a Landlord (defined below) and as a Tenant (defined below) respectively, in addition to the provisions under Section A.
SECTION A: GENERAL PROVISIONS
1. INFORMATION ABOUT LET’S GROUP OF COMPANIES LTD
1.1 The Website is owned and managed by Let’s Group of Companies trading as www.letsroommate.co.uk, a company registered in England and Wales with the company registration number 06796440 and having its registered address at 25 Balham Road, London SW12 9AL
1.2 Letsroommate operates and maintains the Website which is an online service aimed at landlords and tenants of residential properties. The Website provides certain non-chargeable services (“Non-chargeable Services”) and chargeable services (“Chargeable Services”), (collectively the “Services”) which are more specifically set out on the Website.
1.3 Letsroommate may be contacted by email at support@letsroommate.co.uk or by writing to the address set out on the Website.
2. REGISTRATION
2.1 You may use the Non-chargeable Services by registering as a Non-Premium User with Letsroommate using the applicable online registration form either as a Tenant or a Landlord made available to you on the Website. If you wish to use the Chargeable Services, you shall be required to comply with clause 6 and shall be referred to as a Premium User. For the avoidance of doubt, in the event you choose not to register as a Premium User, you may continue to use the Non-chargeable Services in accordance with these Terms.
2.2 By completing the applicable online registration form, you consent to Letsroommate conducting verification and security procedures in respect of the information provided in such online registration form.
2.3 You hereby warrant that the information provided by you to Letsroommate is at all times, true, accurate and correct. You further warrant that you shall promptly notify Letsroommate in the event of any changes to such information provided.
2.4 Upon the completion and submission of the online registration form by you on the Website, you will be logged on to Letsroomate as a user and taken to “My homepage” where you have the use of various tools to contact other members of Letsroommate.
2.5 You shall keep your registration details for the Website (“Login Details”) confidential and secure. Without prejudice to the other rights and remedies of Letsroommate, Letsroommate reserves the right to promptly disable your Login Details and suspend your access to the Services and/or the Website in the event Letsroommate has any reason to believe that you have breached any of the provisions set out herein.
3. FORMATION OF CONTRACT BETWEEN LETSROOMMATE AND YOU
3.1 Your contract (“Contract”) with Letsroommate shall commence on the date [of your registration in accordance with clause 2.1]
3.2 Notwithstanding the foregoing, Letsroommate reserves the right to:
3.2.1 accept or reject your application either as a Premium or a Non-Premium User; and
3.2.2 refuse you access to the Services and/or Website (partly or wholly) whether you are a Premium or a Non-Premium User if you breach any of the provisions hereunder.
3.3 Unless otherwise expressly set out to the contrary herein, your Contract with Letsroommate shall remain in force:
3.3.1 where you are a Premium User (either as a Landlord or a Tenant), for the duration of your subscription package which is more particularly set out on the Website (“Subscription Package”) with Letsroommate;
3.3.2 where you are a Non-Premium User (either as a Landlord or a Tenant), for the duration in which you use the Non-chargeable Services and the Website as a Non-Premium User.
3.4 You may terminate your Contract with Letsroommate at any time by giving written notice to Letsroommate using the contact details available on the Website and by ceasing all use of and access to the Services and the Website.
3.5 Letsroommate may suspend or terminate your access to the Services and/or the Website (wholly or partly), whether you are a Premium or Non-Premium Member if:
3.5.1 the third party services and network providers cease to make the third party service or network available to Letsroommate;
3.5.2 Letsroommate believes that you or someone using your Login Details has failed to comply with one or more of these Terms;
3.5.3 Letsroommate believes that there has been fraudulent use, misuse or abuse of features and functionalities of the Services and/or the Website (in whole or in part);
3.5.4 Letsroommate believes that you have provided it with any false, inaccurate or misleading information; or
3.5.5 Letsroommate believes that you are not acting in a personal capacity.
3.6 Upon termination of your Contract with Letsroommate as a Premium User, you shall continue to have access to the Non-chargeable Services and your status shall be deemed a Non-Premium User. If you are a Non-Premium User, you shall not have any access to the Non-chargeable Services upon termination of your Contract with Letsroommate.
4. YOUR OBLIGATIONS
4.1 You agree that you are solely responsible and liable for all activities on the Website, whether you are a Premium or a Non-Premium User.
4.2 You must promptly notify Letsroommate in the event there is a breach of security or any unauthorised use of the Login Details. Letsroommate may be contacted by email at support@letsroommate.co.uk.
4.3 You shall not submit to appear on the Website through your use of the Services, any information, comments, images, third party URL links or other material whatsoever in all format (“User Submissions”), Property Information (defined under clause B1.1) and the Tenant Profile (defined under clause C1.2) that may reasonably be deemed to be offensive, illegal, inappropriate or in any way:
4.3.1 promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
4.3.2 harass or advocate harassment of another person;
4.3.3 display pornographic or sexually explicit material;
4.3.4 promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
4.3.5 promote any illegal activities;
4.3.6 provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
4.3.7 promote or contain information that you know or believe to be inaccurate, false or misleading;
4.3.8 engage in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without the prior written consent of Letsroommate; or
4.3.9 infringe any rights of any third party.
4.4 You acknowledge that making a User Submission does not guarantee that such User Submission, or any part thereof, shall appear on the Website whether or not the submission of such User Submission is part of the Services. You agree that Letsroommate may, at its sole discretion, choose to display any User Submission, Property Information and Tenant Profile or any part of the same that you make on the Website and hereby grant to Letsroommate a non-exclusive, perpetual, irrevocable, worldwide licence to do so.
4.5 You warrant and represent that you own or are licensed to use any and all patents, trademarks (whether registrable or non-registrable), designs, rights in database, rights in software (including without limitation the source and object code), copyright and all proprietary rights (“Intellectual Property Rights”) in all User Submission and the Property Information that you make to the Website as part of your use of the Services.
4.6 You hereby grant to Letsroommate a non-exclusive, irrevocable licence to make the User Submissions and Property Information available to other Premium and Non-Premium Users of the Website and to edit the User Submissions, Property Information and Tenant Profile in the event that Letsroommate deems it necessary or desirable to do so for any reason.
4.7 If you feel that any User Submission, Property Information and Tenant Profile made by other Premium and Non-Premium Users is objectionable, please contact Letsroommate using the contact details set out on the Website. Letsroommate shall use its reasonable endeavours to review the relevant User Submission, Property Information and Tenant Profile as soon as is practicable and shall take such action as it deems necessary, if any at all.
4.8 You further agree that at all times, you shall:
4.8.1 not use your Login Details with the intent of impersonating another person;
4.8.2 not allow any other person to use your Login Details;
4.8.3 not use the information presented on the Website or derived from the Services for any purposes other than those expressly set out in these Terms;
4.8.4 not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Website or in respect of the network;
4.8.5 not use the Website, the content therein and/or do anything that will infringe the Intellectual Property Rights or other rights of any third parties;
4.8.6 not use any information obtained using the Services and the Website otherwise than in accordance with these Terms;
4.8.7 comply with all instructions and policies from Letsroommate from time to time in respect of the Services and the Website;
4.8.8 co-operate with any reasonable security or other checks or requests for information made by Letsroommate from time to time; and
4.8.9 use the information made available to you on the Website and through the Services at your own risk.
4.9 In the event that Letsroommate, in its sole and absolute discretion, considers that you have breached any of the terms set out in this clause 4, Letsroommate shall reserve the right to take any action that it deems to be necessary, including without limitation, the termination forthwith and without notice, your use of and access to the Services and the Website; and in the case of illegal use, the instigation legal proceedings as appropriate.
4.10 Without prejudice to any of Letsroommate’s other rights and remedies, Letsroommate reserves the right, in its sole and absolute discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of this clause 4.
5. LETSROOMMATE’S OBLIGATIONS
5.1 In consideration for your compliance with these Terms, Letsroommate shall use its reasonable obligations to provide you with
5.1.1 the Chargeable and Non-chargeable Services if you are a Premium User; or
5.1.2 the Non-chargeable Services if you are a Non-Premium User and any additional services that Letsroommate agrees to provide to you at all times.
5.2 Letsroommate shall be entitled at its own discretion and upon notice to you, to suspend the Services and/or the Website whether wholly or partly for any reason whatsoever including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any such suspension on non-availability of the Services and/or the Website (whether wholly or partly).
5.3 Letsroommate reserves the right to make any changes to the Services and/or the Website including any functionalities and content therein or to discontinue a specific feature from time to time subject always that:
5.3.1 Letsroommate notifies you in writing using the Website; and
5.3.2 such changes shall have no material adverse effects to you.
5.4 Letsroommate may update or revise these Terms from time to time and shall notify you of any such updates and revisions through a message displayed on the Website. Your continued use of the Services and/or the Website (whether wholly or partly) shall be deemed your acceptance of such change(s) in respect of the updated or revised Terms. If you do not agree with the changes to these Terms, you may terminate your Contract with us in accordance with clause 3.4.
5.5 To provide the Services to you, Letsroommate may be required to monitor your use of the Services and/or the Website from time to time. You hereby consent to Letsroommate monitoring your use of the Services and the Website.
6. CHARGEABLE SERVICES, SUBSCRIPTION FEE AND PAYMENT
6.1 To use the Chargeable Services and to upgrade your status from a Non-Premium User to a Premium User, you shall:
6.1.1 register with Letsroommate as a Non-Premium User; and
6.1.2 pay the non-refundable subscription fee (“Subscription Fee”) as set out on the Website for the relevant Subscription Package.
6.2 You shall pay the Subscription Fee in accordance with the method of payment set out on the Website.
6.3 Due to the unique nature of the Chargeable Services, you agree to the immediate commencement of the Chargeable Services upon your payment of the Subscription Fee in accordance with this clause 6.
6.4 For the avoidance of doubt, if you terminate these Terms prior to the completion of the Subscription Package, the remainder of your Subscription Fee shall not be refunded to you.
7. YOUR RELATIONSHIP WITH OTHER PREMIUM AND NON-PREMIUM USERS
7.1 You acknowledge and agree that Letsroommate only provides you with the Services and the Website. You understand that Letsroommate is not involved in or is a participant in any way in respect of any contact, meetings (face-to-face or otherwise), relationship, negotiations, transactions and contracts between you and other Premium and Non-Premium Users.
7.2 Consequently, you acknowledge and agree that Letsroommate shall not be liable in any way and for any reason whatsoever in respect of your relationship with other Premium and Non-Premium Users.
7.3 Letsroommate recommends that you take all reasonable care when arranging a viewing with the other Premium and Non-Premium Users. Letsroommate further recommends that you seek independent professional advice including without limitation, legal and financial advice if you opt to make or accept and offer for the rental of the property advertised.
7.4 For the avoidance of doubt, Letsroommate is not an estate agent and it shall not have and nothing in these Terms shall be deemed to imply that Letsroommate shall have any obligation to you or any third party nor any liability in respect of:
7.4.1 negotiations on your behalf with any third parties; and
7.4.2 any costs associated with making the property available to be let.
8. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITIES
8.1 You hereby warrant that (a) you are at least 18 years old; (b) you have the right and capacity to enter into and be bound by these Terms; and (c) you shall comply with all applicable laws in the use of the Services and/or the Website.
8.2 You further warrant that the information provided to Letsroommate by you are at all times, true, accurate and correct and that you shall promptly inform Letsroommate in the event of any changes to such information.
8.3 Letsroommate does not verify and does not have any control in respect of any User Submission, Property Information, Tenant Register and all information made available to you using the Services and on the Website. Consequently, Letsroommate does not warrant or guarantee the accuracy, correctness, reliability, suitability or at all in respect of the User Submission, Property Information, Tenant Register and all information made available to you. Letsroommate advises you not to rely on them to assist in making or refraining from making a decision, or to assist in deciding on a course or a specific cause of action. If you so intend to use and/or rely on the User Submission, Property Information, Tenant Register and all such information made available to you on the Website and through the use of the Service, you do so at your own risk and liability.
8.4 Additionally, you agree and understand that where Letsroommate includes views, opinions, advice and recommendations, these views opinions, advice and recommendations are not endorsed by Letsroommate and to the maximum extent permitted by law, Letsroommate shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness, suitability or otherwise of such views, opinions, advice and recommendations.
8.5 Links to third party websites may appear on the Website. Such third party websites are not the responsibility of Letsroommate and Letsroommate accepts no responsibility for the availability, suitability, reliability or content of such third party websites and does not endorse the views expressed therein.
8.6 You acknowledge and agree that Letsroommate relies on third party providers to make the Services and the Website available to you. Consequently, Letsroommate does not warrant that the Service and the Website shall be uninterrupted or fault-free at all times.
8.7 All warranties, representations, guarantees, conditions and terms other than those expressly set out herein whether express or implied by statute, common law, trade usage or otherwise, and whether written or oral are hereby expressly excluded to the fullest extent permissible by law. Consequently all information, advice, suggestions and recommendations, including without limitation, the User Submissions, Property Information and the Tenant Register are provided to you on an “as is” basis.
8.8 Nothing in these Terms shall limit or exclude Letsroommate’s liability in respect of death and personal injury.
8.9 Subject to clause 8.8, Letsroommate shall not be liable for any indirect, special or consequential losses, expectations of a specific nature or anticipated outcome, anticipated savings, loss of profit, loss of opportunity, loss of data, loss of contract, loss of goodwill and reputation, loss of management time or any other loss however arising and whether caused by tort (including negligence), breach of contract or otherwise even if foreseeable arising out of or in connection with your use and/or reliance of the Service, the Website and the contents therein.
8.10 Unless otherwise expressly set out to the contrary in these Terms, Letsroommate’s liability to you in connection with your use of the Service and the Website shall be strictly limited to the Subscription Fee.
8.11 In the event you have a dispute with one or more of the Premium and Non-Premium Users, you hereby release Letsroommate from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such disputes.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 Letsroommate and/or its licensors own all rights in the Intellectual Property Rights relating to the Services and the Website.
9.2 You are expressly prohibited from:
9.2.1 reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Service and the Website including without limitation, any information, articles, photographs, images or submissions made available to you using the Services and the Website; and
9.2.2 removing, modifying, altering or using any registered or unregistered marks/logos/design owned by Letsroommate and/or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Letsroommate or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to Letsroommate.
10. DATA PROTECTION AND PRIVACY POLICY
10.1 Letsroommate enforces a strict privacy policy which is available by clicking here. The terms of the Privacy Policy form part of these Terms and you agree to be bound by it.
11. GENERAL
11.1 If Letsroommate fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled to under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.
11.2 A waiver by Letsroommate of any default shall no constitute a waiver of any subsequent default.
11.3 No waiver by Letsroommate of any of the Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
11.4 All notification and communication to Letsroommate should be sent to the contact details made available to you on the Website.
11.5 If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent, be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
11.6 These Terms represent the entire agreement between you and Letsroommate in respect of your use of the Service and the Website and shall supersede any prior agreement, understanding or arrangement between you and Letsroommate, whether oral or in writing.
11.7 You acknowledge that in entering into these Terms, you have not relied on any representations, undertaking or promise given by or implied from anything said or written whether on the Website, the Internet or in negotiation between you and Letsroommate except as expressly set out in these Terms.
11.8 These Terms are governed by and construed in accordance with English law. The Courts of England shall have exclusive jurisdiction over any disputes arising out of these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident (“Local Law”). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.
11.9 Letsroommate reserves the right to modify these Terms at any time. Any changes Letsroommate may make to these Terms in the future will be notified and made available to you using the Website. Your continued use of the Services and the Website (or part thereof) shall constitute your agreement to such changes.
SECTION B: PREMIUM AND NON-PREMIUM USER ACTING AS A LANDLORD
This Section B shall apply to you if you are a Premium and a Non-Premium User acting as a Landlord.
B1. YOUR ADDITIONAL OBLIGATION AS A LANDLORD
B1.1 You are a Landlord if you use the Services to advertise and provide all information relating to the property (“Property Information”) which is available to be let and if you use the Tenant Register (defined below) to contact prospective Premium and Non-Premium Users who are Tenants.
B1.2 All Property Information uploaded onto the Website by you shall be in the format as required by Letsroommate and shall relate strictly and solely to the property you wish to let. Letsroommate reserves the right to edit and/or remove any Property Information which Letsroommate reasonably believes does not meet with its formatting requirements and/or relate to the property advertised using the Services.
B1.3 You shall promptly update and procure, at all times, the accuracy and correctness of the Property Information and all other information in respect of the property advertised on the Website. In the event of a material change to the description of the property advertised for sale, you shall procure that the Property Information and all such information relating to such property are immediately amended accordingly or otherwise not later than one (1) working day.
B1.4 You shall only use the Tenant Register sole and strictly for the purposes of looking for a Tenant whose requirements for a rented property matches or reasonably matches the property advertised by you. You shall not use the Tenant Register for any reason other than that set out in these Terms.
B2. ADDITIONAL WARRANTIES
B2.1 You hereby warrant, represent and guarantee that you have the right to let the property which is advertised on the Website using the Services.
B2.2 You agree that in the event of any breach of the provisions under clauses B1 and B2, Letsroommate shall be entitled to take all actions necessary including without limitation, promptly removing the property advertised and permanently terminating your use of the Services and/or the Website.
B1.4 You warrant that you shall comply with all applicable legislation in respect of (a) the Property Information relating to the property you advertise; and (b) in your use of the Tenant Register.
SECTION C: PREMIUM AND NON-PREMIUM USER ACTING AS A TENANT
This Section C shall apply to you if you are a Premium and a Non-Premium User acting as a Tenant.
C1. YOUR ADDITIONAL OBLIGATION AS A TENANT
C1.1 You are a Tenant if you use the Services to search for property to rent or if you use the Tenant Register to look for other Tenant(s) to share in the renting of a property as advertised on the Website.
C1.2 As part of the Services, you are entitled to set up a Tenant profile (“Tenant Profile”) which includes details about you and your requirements in a rented property. You have the option to include certain personal data which the Data Protection Act 1998 defines as “sensitive data.” If you do not wish to disclose such sensitive data in your Tenant Profile or in the event you wish to remove such sensitive data from your Tenant Profile, you may do so by accessing the privacy settings.
C1.3 Letsroommate compiles a list of contact details of Tenants (“Tenant Register”) which includes without limitation, the Tenant’s requirement in a rented property as part of its Services. The Tenant Register is made available to other Premium and Non-Premium Users who are registered as Tenants and Landlords. Letsroommate shall only include your details in the Tenant Register upon your express consent for Letsroommate to do so when you register with Letsroommate as a Non-Premium User.
C1.4 You shall use the Tenant Register solely for the purposes set out in clause C1.1 and for no other reasons.
C2. ADDITIONAL WARRANTIES
C2.1 You hereby warrant that all information in the Tenant Profile and in the Tenant Register (where applicable) is correct, accurate and up-to-date.
C2.2 You agree that in the event of any breach of the provisions under clauses C1 and C2, Letsroommate shall be entitled to take all actions necessary including without limitation, suspending or permanently terminating your use of the Services and/or the Website.
Let’s Group of Companies Ltd trading as Letsroommate.co.uk
25 Balham Road
London SW12 9AL