FLATSNAPP TERMS OF USE

Last Updated: 23 May 2018

1.      INTRODUCTION

      1.1.        Thank you for using Flatsnapp, a quicker, smarter way to rent. These terms and conditions (the “Terms”) are in force between you and Flatsnapp Limited (“Flatsnapp”, “we”, “our” and “us”).

      1.2.        These Terms, together with the documents referred to in it, constitute the agreement between you and us for the use of all Flatsnapp websites and their mobile versions (including https://flatsnapp.com/), all Flatsnapp mobile applications (the “App”, and all together the “Sites”), and the contents and services available through them.

      1.3.        The Sites are owned and operated by Flatsnapp Limited, a company registered in England and Wales under number 09939734 with its registered office at 17 Cavendish Road, London, NW6 7XT.

      1.4.        Use of the Sites includes accessing, browsing, or registering to use the Sites. By using the Sites, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use the Sites. Please read these Terms carefully before you start to use the Sites.

      1.5.        Our Privacy and Cookies Policy, will also apply to your use of the Sites. Your privacy is important to us, and this policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Sites, you consent to such processing and you warrant that all data provided by you is accurate.

      1.6.        We may change these Terms from time to time. Any changes we may make to these Terms in the future will be posted here and, where appropriate, notified to you by email. Please review this page frequently to see any updates or changes to these Terms.

      1.7.        If we do not exercise or enforce any legal right or remedy which may be available to us, this will not be taken to be a formal waiver of our rights.

      1.8.        If any part of these Terms shall be unlawful or unenforceable for any reason, this shall not affect the remainder of these Terms and that part shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

      1.9.        If we are acquired by, or merge with, a third party, we may transfer any or all of our rights and obligations under these Terms to that third party or the newly merged entity.

    1.10.        All legal notices in relation to the Sites or these Terms should be given in writing and addressed to team@flatsnapp.com.

     2.        THE SITES

      2.1.        The Sites may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update the content on the Sites at any time without prior notice. We reserve the right to cancel any offers that you may make based on content on the Sites that is inaccurate, incomplete or out-of-date.

     3.        OFFERING OF THE SITES

      3.1.        Flatsnapp is a marketplace to transact in private rental property (“Flats”). Through our Sites, those seeking to rent a property (“Tenants”) can directly transact with those offering property to rent (landlords and agents, together “Partners”). Services offered include listing and searching for a Flat, scheduling viewings, making an offer, entering into a contract and paying for a Flat. Flatsnapp also offers services by third parties including background and identity checks, credit checks, inventory checks and pre- and post- tenancy cleanings (all together, the “Service”).

     4.        USE OF THE SITES

      4.1.        Property Listings. Flatsnapp facilitates transactions between Tenants and Partners, but is not a direct party to any transaction. As a result, Flatsnapp has no control over the quality, safety, morality or legality of any aspect of the Flats listed, the truth or accuracy of the listings, the ability of the Partner to rent the property or of the Tenant to pay for the property. Whilst we try and ensure that all details, descriptions and prices which appear on the Sites are accurate, errors may occur. We can neither ensure nor guarantee that a Partner or Tenant will actually complete a transaction.

      4.2.        Prices. Prices are at the sole discretion of the Partner.

      4.3.        Viewings. Requests to view a Flat made through our Sites are subject to acceptance by the respective Partner, and the relevant pages in the Sites will be updated once the Partner responds.

                               4.3.1.        Although we try to ensure that all Flat and viewing availability displayed on the Sites is accurate, Partners may withdraw a Flat at any time, and amend or cancel viewings after they have been confirmed. Flatsnapp is not responsible for any withdrawn properties or cancelled or amended viewings. You may, in certain instances and with reasonable notice, amend a viewing through the Sites. In other instances, you may need to discuss this with the Partner directly. We cannot guarantee that the Partner will be able to accommodate any changes.

                               4.3.2.        Flatsnapp encourages users to cancel viewings they can no longer attend. We provide tools for Tenants and Partners to directly coordinate on viewings, for instance the Tenant can call the Partner through our Sites if he/she is running late or cannot find the Flat. Flatsnapp is not responsible if the Tenant or Partner does not show up for the viewing. We take no shows seriously, and users who repeatedly do not show up for viewings without informing the other party risk permanently losing access to certain content and services in the Sites.

      4.4.        Offers. Offers to rent a Flat made through our Sites are subject to acceptance by the respective Partner, and the relevant pages in the Sites will be updated once the Partner responds. You will act on your own behalf and not for any other person when you make an offer through our Sites, except in cases where you are one of multiple tenants and you are authorised by all tenants to act on their behalf. When you make an offer, you will receive an email confirming the terms of your offer and  that your offer has been sent to the relevant Partner. Where an offer is accepted by the Partner, or a counter-offer from the Partner is accepted by you, an email confirming this acceptance will be sent to all parties. Please ensure that you have given us a correct email address as this is how we will communicate with you about your offer.

      4.5.        Background and Credit Checks. Tenants will be required to complete a background and credit check before they can enter into a tenancy agreement. The Partner reserves the right to withdraw the offer if the Tenant refuses to submit to background and credit checks. The Partner may refuse to rent the property to the Tenant in his/her sole discretion for any reason flagged up in the checks. It is the responsibility of the Tenant to ensure the information submitted is accurate, complete and current. Any inaccuracies or omissions may result in delays and could lead to withdrawal of the offer by the Partner.

      4.6.        Contract. Tenancies will be governed by Flatsnapp Standard Tenancy Agreement (the “Contract”) for assured shorthold tenancies. This will state your monthly rent payment and the terms of the tenancy. The Contract term is typically 12 months with a 6 month break clause (that is, it can be terminated after 6 months with appropriate notice). The Contract must be signed by all Tenants and Partner prior to the start of the tenancy. You are committed to paying the stated rent for at least the length of your Contract.

      4.7.        Payment. Once an offer is accepted, Flatsnapp will prompt you to reserve the Flat by paying a reservation deposit, typically 2 weeks rent. The reservation deposit will mark the flat as reserved and remove it from the Sites. Flatsnapp partners with GoCardless Ltd to offer users a quick, efficient and low cost payment solution. Payment is collected via direct debit. Your tenancy deposit and monthly rental payments will also be collected via direct debit. Users will be subject to GoCardless Ltd Terms and Conditions.

      4.8.        Offer Withdrawal. Both the Tenant and the Partner have the right to withdraw an offer within a reasonable time and before the offer is accepted by the receiving party and reservation deposit paid by the Tenant (“Accepted Offer”). The Tenant may only withdraw an Accepted Offer and receive a refund of the reservation deposit in limited circumstances. The Partner may, in his/her sole discretion, withdraw an Accepted Offer at any time prior to the Tenancy Agreement being signed. This will trigger a refund of the reservation deposit to the Tenant (less processing fees) if the Accepted Offer is withdrawn by the Partner for any reason other than a failure of the identity and background checks due to an inaccuracies or omissions in the information submitted by the Tenant. Flatsnapp alone will determine whether an offer is an Accepted Offer or not.

     5.        ACCESSING THE SITES

      5.1.        The Sites are made available free of charge.

      5.2.        You acknowledge that access to the Sites is dependent on you being able to receive data via WiFi or 3G. You are responsible for making all necessary payments including in respect of internet and network connections. We are not responsible for the availability of the internet, or any errors in or damage to connections, equipment, or software that may occur in relation to your use of the Sites.

      5.3.        We provide the Sites on an “as is” and “as available” basis with all faults. We do not guarantee that the Sites, or any content on them, will always be available or be uninterrupted. Access to the Sites is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Sites without notice. You agree that your use of the Sites is at your own risk. We will not be liable to you if for any reason any of the Sites are unavailable at any time or for any period.

      5.4.        You are responsible for making all arrangements necessary for you to have access to the Sites. You are also responsible for ensuring that all persons who access the Sites through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

      5.5.        To the maximum extent permitted by law, we disclaim any and all implied conditions and warranties that the Sites and the services available through them are of satisfactory quality, accurate, fit for a particular purpose, or non-infringing.

     6.        YOUR ACCOUNT AND PASSWORD

      6.1.        We permit access to certain parts of the Sites only to users who have registered with us. In order to access the services we offer, you must register with us. You must be 18 years or older to be eligible to register with us, use the Sites and the content and services provide through them. By using the Sites, you represent and warrant that you are 18 years or older. If you register with us, you must provide true and accurate information about yourself. Should the registration information provided prove false or misleading, we may suspend or terminate your account.

      6.2.        You are responsible for maintaining the confidentiality of your account details, including any user identification codes, passwords or any other piece of information that forms part of our security procedures, and you must not disclose these to any third party.

      6.3.        You are responsible for all activity under your account even if someone else uses your account. You authorise us to act on instructions received under your account and we will not be liable for any loss that you might suffer through following such instructions whether by you or another person.

      6.4.        We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

      6.5.        You acknowledge that we may, at any time and at our sole discretion, request that you re-register with the Sites.

      6.6.        In the event that your mobile device is lost or stolen you agree that it is your responsibility to notify us at team@flatsnapp.com as soon as reasonably possible following such loss or theft.

      6.7.        If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at team@flatsnapp.com.

      6.8.        You acknowledge and agree that we may share your contact details with selected partners which may include landlords, agents, credit agencies and third party booking platforms in the event that you book a viewing appointment, make an offer or conclude a rental transaction through the Sites. For more information on what data may be shared, please consult our Privacy and Cookie Policy.

     7.        INTELLECTUAL PROPERTY RIGHTS AND USE OF THE APP

      7.1.        We grant you a non-exclusive, non-transferable licence to install and use a copy of the App on your mobile device in the UK for the purposes of the services offered by the App only, which include (where applicable in relation to each Flat) to reserve viewings, make offers, enter tenancy agreements, pay rent, and receive tailored offers from our Partners.

      7.2.        We are the owner or the licensee of all intellectual property rights in the Sites, and in the material published on it. Those works are protected by copyright, trademarks, database right and other intellectual property rights. All such rights are reserved.

      7.3.        You may not without our prior written consent (except to the extent required in order to use the Sites in accordance with these Terms) copy, sell, reproduce, publish, modify, or distribute any of the content published, displayed or performed on the Sites or systematically extract such content or in any way use or exploit commercially any such content.

     8.         LIMITATION OF OUR LIABILITY

      8.1.        Flatsnapp seeks to provide a quality service and will be the first contact in event in there is a problem with your tenancy either in regards to timeline and/or requirements. We do monitor our Partners very closely and it is of utmost importance to us that they comply with our standards and help us to maintain our reputation. Please let us know if you have any comments relating to our Partners or in respect of your offer by emailing or calling us.

      8.2.        Note that Partners and third-party service providers will have their own terms of service which you may be required to accept before use. We are not responsible for the service offered by Partners and third-party service providers.

      8.3.        Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

      8.4.        To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Sites or any content on it, whether express or implied.

      8.5.        We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

                               8.5.1.        use of, or inability to use, the Sites; or

                               8.5.2.        use of or reliance on any content displayed on the Sites.

      8.6.        We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity arising from your use of the Sites.

      8.7.        We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Sites or to your downloading of any content on it, or on any website linked to it.

      8.8.        We assume no responsibility for the content of websites linked on the Sites. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

     9.        VIRUSES

      9.1.        We do not guarantee that the Sites will be secure or free from bugs or viruses.

      9.2.        You are responsible for configuring your information technology, computer programmes and platform in order to access the Sites. You should use your own virus protection software.

      9.3.        You must not misuse the Sites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Sites, the server on which the Sites are stored or any server, computer or database connected to the Sites.

   10.        LINKING TO THE SITES

    10.1.        You may link to the Sites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

    10.2.        You must not establish a link to the Sites in any website that is not owned by you.

    10.3.        The Sites must not be framed on any other site, nor may you create a link to any part of the Sites other than the home page.

    10.4.        We reserve the right to withdraw linking permission without notice.

   11.        THIRD PARTY LINKS

    11.1.        Where the Sites contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or the performance of the services. Your dealings with, and interest in, services, merchants or promotions found on or via the Sites are solely between you and the person with whom you are dealing. Accordingly, you use these services at your own risk and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

   12.        APPLICABLE LAW

    12.1.        These Terms, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

   13.        CONTACT US

    13.1.        Questions, comments and requests regarding these Terms should be sent by email to team@flatsnapp.com