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,
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.
- If you would like to contact us about the Platform, please do so using the following details:
234 5th Avenue, #413
Tel: 1 877 834 2909
- You do not need to register as a member of the Platform in order to browse some sections of the Site, but you may not be able to access all of the features of the Platform unless you register with us and create an account on the Platform. If you are browsing the Site and have not yet registered with us we will consider you a "Guest", but your use of the Site will still be subject to these Terms.
- You will need to register with us in order to 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".
- 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.
- You agree that all registration information you submit to the Platform will be truthful and accurate and you will maintain the accuracy of this information.
- Your account is for your use only and you agree that you will not share your account with any other person. It is your responsibility to keep your password secure. You will be responsible and liable for any actions of any person logging into the Platform using your username and password (including, without limitation, any 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.
- We may at any time and for any or no reason refuse to accept a registration from any person. We may also terminate your account at any time (even if you have paid to upgrade), without warning for any or no reason, with or without prior notice or explanation and without liability and we may take legal action if needed based on your violation of these Terms.
Access and use of the Platform
- We do not charge any fees for registering an account with us. Some aspects of the Platform are also made available free of charge, such as posting a single standard ad and browsing and searching on the Platform.
- We also offer a number of additional features and functionality on the Platform that are only available to members who have 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.
- 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.
- Without limiting the foregoing, you agree that when using the Platform you will not:
- harass others or disclose personal information about others that could amount to harassment;
- publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, sexually explicit, harmful, confidential, libelous, hateful, threatening or otherwise illegal material or information, or anything which might constitute a criminal or civil offence;
- upload files that contain software or other material which are the Intellectual Property Rights of any third party, or which are protected by rights of privacy or publicity of any third party without having received all necessary consents;
- upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the Platform or any other computer;
- impersonate others or create false accounts or ads on the Platform;
- promote any activity that is illegal;
- harvest information, with use of software or otherwise, from the Platform for purposes other than as specifically authorized under these Terms;
- solicit any users of the Platform for purposes other than as specifically authorized under these Terms;
- send chain letters, junk mail, ‘spamming' material or any other form of bulk communication
- 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
- do or omit to do anything that, in our opinion: (i) brings us or the Platform into public disrepute, contempt, scandal or ridicule; (ii) damages or puts at risk any other users of the Platform; or (iii) materially prejudices us or the Platform.
- You agree to comply with all reasonable instructions and requests from us regarding your use of the Platform, including, but not limited to, providing any requested information for verifications regarding any ads/listings.
- You are responsible for obtaining (at your own cost) all necessary equipment and telecommunications services required to access and use the Platform.
- You agree that we may, in our sole discretion, suspend access to the Platform temporarily, or terminate the service entirely, in each case, without notice, in the case of system failure, maintenance or repair or for reasons beyond our control or for any or no reason whatsoever and we shall not be liable to you in any way for such suspended access or termination of service.
- 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.
- 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.
Posting and responding to ads on the Platform
- 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.
- 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.
- 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:
- 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;
- 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;
- 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
- all ads will comply with these Terms, including clauses 8 and 10.
- You may not:
- post multiple ads for the same room and/or property;
- post dummy or fake ads for rooms and/or properties that aren't available for let or aren't available to be viewed; or
- delete an ad and repost it in order to make it appear as "New Today".
- 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.
- 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.
- You may contact other members of the Platform via the messaging system on our Platform. However, please be advised we will not reveal any of our members' contact details or other personal information without the relevant members' permission. We do not routinely monitor all communications between Users via the messaging system on our Platform, but we may use software to track communications and we reserve the right to monitor them in order to investigate any suspected breach of our terms and conditions, any illegal behavior or any other misuse of our service, or for any other reasonable reason as determined by us from time to time. We reserve the right, in our discretion, to archive or discard communications sent via the messaging system on our Platform after a minimum of fifty six (56) days or otherwise immediately if we feel that the message is unlawful or inappropriate.
- We reserve the right to refuse to list and/or deactivate any 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.
- 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.
- 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 firstname.lastname@example.org.
- 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.
Upgrading your account
- 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.
- 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.
- 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. We will only charge you for the period you have selected to upgrade for. By giving us your payment card details you are not granting us any continuing authority to automatically extend your upgrade period unless you have specifically opted to make regular, ongoing payments as part of a monthly subscription package.
- All monthly subscription packages are deemed continuous from the date of purchase. By purchasing a monthly subscription package, you authorize SpareRoom to automatically deduct ongoing monthly payments. The subscription will continue unless and until you cancel your subscription, or we terminate it.
- 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:
- 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.
- 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;
- 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;
- 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
- 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.
- 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.
- Any cancellations to a monthly subscription package will be effective from your next payment date. This doesn't affect your right to cancel as outlined in clause 5.6.
- We may, at our discretion, provide users amending their monthly subscription package 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.
- 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 email@example.com.
- 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
- Refunds will be made via your original method of payment and will usually be processed within 7 working days.
- 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.
Additional features for room and/or property advertisers
- 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.
- Featured Ads
- 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.
- 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.
- 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.
- Spending on the Featured Ads service will continue to be governed by the daily spend limit set by you.
- 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.
- 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 firstname.lastname@example.org or call 1 877 834 2909.
- 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.
- 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 4.11.
- 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.
- 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.
- For more information on Boosts and how they work, please contact customer services on 1 877 834 2909.
- Branded Ads
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.
Additional features for room and/or property seekers
- This clause of these Terms only applies to members of the Platform who are room and/or property seekers.
- If you are a member of the Platform who is a room and/or property seeker then we offer the ability for you to undertake a verification check (“Verification Check”) which consists of:
It is not a requirement for a room and/or property seeker to undertake a Verification Check in order to use the Platform or place an ad seeking a room and/or property.
- 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.
- The cost of a Verification Check is set out within the “Edit my details" section of our Platform.
- 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 successful completion of the Verification Check unless we receive notification from either you or another User 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 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; and
- agree that you shall indemnify and compensate us and our affiliates for and against any loss, liability, claim, damage, 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.
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 email@example.com. If such misuse includes suspected infringement of copyright or other intellectual property, please follow the Copyright and IP Policy.
- We may, without notice, edit, revise or remove any 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.
- We do not claim any ownership of any Intellectual Property Rights in the User Generated Content that you post to the Platform. After posting any User Generated Content you retain all rights of ownership in it and you may use the User Generated Content in any way you choose (provided it does not breach these Terms).
- By submitting any User Generated Content to the Platform you automatically grant us the indefinite worldwide right and license to use, host, store, reproduce, display, publish, perform, modify, manage, distribute, create derivative works, communicate, publicly display and distribute such User Generated Content as part of the Platform or as part of any materials used to operate, promote, advertise or improve the Platform anywhere in the world. Although we have no obligation to moderate content on the Platform, we may monitor any information transmitted or received through the Platform. We may reject, block, suspend or remove your content at any time and in our sole discretion. We in no way guarantee that your content or any part of it will be displayed on the Platform.
- We will not be under any obligation whatsoever to pay you for any of the User Generated Content you upload to the Platform.
- Save in respect of the User Generated Content, all Intellectual Property Rights in and to the Platform and all content and materials contained on the Platform are owned by and shall remain owned by us or our licensors. You may view, download and print any materials and information made available to you through the Platform subject to the following conditions:
- the material may only be used for your personal non-commercial use;
- the material shall not be reproduced or included in any other work or publication in any medium;
- the material may not be modified or altered in any way;
- the material may not be distributed or sold to any third party; and
- you may not remove any copyright or other proprietary notices contained in the material.
- These Terms are not intended to prevent you recording in manual form any individual item of information, or disclosing any individual item of information, free of charge, to friends or relations for non-commercial purposes, provided you take all reasonable steps to ensure that any person to whom you may disclose that information complies with these Terms.
- To the fullest extent permitted by applicable law and, except as expressly provided in these Terms, the Platform and all content, products and services provided through it are provided on an "as is" 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 who is a room and/or property seeker 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 tenant and/or lodger 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 available on the date that the Verification Check is made and will not take into account information 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.
- 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 SpeedRoommating 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.
- We may disable the Platform or cease the provision of any of the services made available through it, or terminate your membership of the Platform, at any time in our sole discretion for any reason whatsoever.
- In the event that we disable the Platform or terminate your account through no fault of your own and in circumstances where you have not breached these Terms you will be entitled to a refund for any unused subscription fees that you have pre-paid to us.
- We may in our absolute discretion either suspend or terminate your account if you breach any of these Terms. If you are found to have breached these Terms and we choose to terminate your account you will not be entitled to a refund of any subscription fees you have pre-paid to us.
- You may de-activate (either temporarily or permanently) your account with us at any time by notifying us that you wish to do so at the following email address: firstname.lastname@example.org.
- Termination of these Terms and/or your account with us, howsoever caused, shall not affect the accrued rights and liabilities of either you or us as at the time of such termination. You will still be responsible for the promises you have made to us about your User Generated Content as well as any damages that result from your violation of these Terms.
Data Protection and Privacy
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, Jumio Corporation, as a third party beneficiary of clause 13 of these Terms, having the right to enforce clause 13.
- 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: email@example.com.