Terms of Service - Haus Accommodations

HAUS TERMS AND CONDITIONS

Since 2022, DigitalRow has been helping its users and hosts with all of their accommodation needs, from lodging, buying and renting new homes to selling properties through a mobile application known as HAUS. HAUS is the leading renting service mobile app that helps people find the best places for renting either long term or short term be it houses, lodges or even offices as well as help owners advertise their places for rental.

Terms and conditions of use

Introduction

1.1 These terms and conditions shall govern your use of our platform.

1.2 By using our platform, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our platform.

1.3 If you register with our platform, submit any material to our platform or use any of our platform services, we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least [18] years of age to use our platform; by using our platform or agreeing to these terms and conditions, you warrant and represent to us that you are at least [18] years of age.

Credit

2.1 This document was created using a template from SEQ Legal (https://seqlegal.com).

Copyright notice

3.1 Copyright (c) [2023] DigitalRow.

3.2 Subject to the express provisions of these terms and conditions:

(a) personal and private use of any material from the platform should be authorised by means of a written permission from DigitalRow; and

(b) all the copyright and other intellectual property rights in our platform and the material on our platform are reserved.

Licence to use platform

4.1 You may view pages from our platform using the HAUS application; subject to the other provisions of these terms and conditions.

4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our platform or save any such material to your computer.

4.3 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our platform.

4.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our platform (including republication on another platform);

(b) sell, rent or sub-license material from our platform;

(d) redistribute material from our platform outside the provision given by these terms and conditions.

4.6 Notwithstanding Section 4.5, you may redistribute [adverts] in [print and electronic form] to [any person] for the purposes of increasing the use of the platform.

4.7 We reserve the right to restrict access to areas of our platform, or indeed our whole platform, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our platform.

Acceptable use

5.1 You must not:

(a) use our platform in any way or take any action that causes, or may cause, damage to the platform or impairment of the performance, availability or accessibility of the platform;

(b) use our platform in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our platform to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our platform without our express written consent;

(e) access or otherwise interact with our platform using any robot, spider or other automated means, except for the purpose of [search engine indexing];

(f) violate the directives set out in the robots.txt file for our platform; or

(g) use data collected from our platform for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing.

5.2 You must not use data collected from our platform to contact individuals, companies or other persons or entities outside the provisions for which the HAUS platform is meant for.

5.3 You must ensure that all the information you supply through our platform, or in relation to our platform, is true, accurate, current, complete and non-misleading.

Registration and accounts

6.1 To be eligible for an account on our platform under this Section 6, you must be 18 years and above.

6.2 You must not allow any other person to use your account to access the platform.

6.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

6.4 You must not use any other person’s account to access the platform, unless you have that person’s express permission to do so.

User login details

7.1 You must not use your account for or in connection with the impersonation of any person.

7.2 You must keep your password confidential.

7.3 You must notify us in writing immediately if you become aware of any disclosure of your password.

7.4 You are responsible for any activity on our platform arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

Cancellation and suspension of account

8.1 We may:

(a) suspend your account;

(b) cancel your account; and/or

(c edit or update your account,

at any time in our sole discretion without notice or explanation.

8.2 You may cancel your account on our platform using your account control rights.

Your listing: licence

9.1 In these terms and conditions, “your content” means [all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material) that you submit to us or our platform for storage or publication on, processing by, or transmission via, our platform.

9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to [use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media, Social & Digital Media and Print Media] OR [reproduce, store and publish your content on and in relation to this platform and any successor platform] OR [reproduce, store and, with your specific consent, publish your content on and in relation to this platform].

9.3 You grant to us the right to sub-license the rights licensed under Section 9.2.

9.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.

9.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

9.6 You may edit your content to the extent permitted using the editing functionality made available on our platform.

9.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

Your advert: rules

10.1 You warrant and represent that your adverts will comply with these terms and conditions.

10.2 Your adverts must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against DigitalRow OR any person associated with the brand (in each case in any jurisdiction and under any applicable law).

10.3 Your adverts, and the use of your services by our users in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official property use legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence in an explicit, graphic or gratuitous manner;

(m) be pornographic, lewd, suggestive or sexually explicit;

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage];

(p) constitute spam;

(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r) cause annoyance, inconvenience or needless anxiety to any person.

Limited warranties

11.1 DigitalRow makes no warranties of any kind regarding the standard of the services or the content on the Platform and, in particular, DigitalRow does not warrant that:

a. the platform is error-free;

b. the platform will be accessible and operative on a 24 hour-per-day, 7 day-per-week basis; and

c. that any operations and services accessed through the platform are free of viruses, Trojans, or other harmful mechanisms.

d. this platform is provided “as is,” and DigitalRow express no representations or warranties, of any kind related to the platform or the listings contained on the platform. Nothing contained on this platform shall be interpreted as advising you.

e. the completeness or accuracy of the information published on our platform;

f. the material on the platform is up to date;

g. the accommodation listed on the platform has been verified and vetted for safety and security. Individual Users are strongly advised to make their efforts to assure the listed facilities are authentic, safe and secure for their intended use.

11.2 We reserve the right to discontinue or alter any or all of our platform services, and to stop publishing our platform, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any platform services, or if we stop publishing the platform.

11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our platform and the use of our platform.

Limitations and exclusions of liability

12.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law.

12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a) are subject to Section 12.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising, for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

12.3 To the extent that our platform and the information and services on our platform are provided free of charge, we will not be liable for any loss or damage of any nature.

12.4 We will not be liable to hosts and users in respect of any losses arising from the use of our platform.

12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to property, profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

12.6 We will not be liable to you in respect of any loss or corruption of any data or database.

12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

12.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the platform or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

Breaches of these terms and conditions

13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our platform;

(d) block computers using your IP address from accessing our platform;

(e) contact any or all of your internet service providers and request that they block your access to our platform;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on our platform.

13.2 Where we suspend or prohibit or block your access to our platform or a part of our platform, you must not take any action to circumvent such suspension or prohibition or blocking including without limitation [creating and/or using a different account] to access our services.

Variation

14.1 We may revise these terms and conditions from time to time without notice to hosts and users.

14.2 The revised terms and conditions shall apply to the use of our platform from the date of publication of the revised terms and conditions on the platform, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions, if you do not agree to the revised terms and conditions, you must stop using our platform.

Assignment

15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

Severability

16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Third party rights

17.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

17.2 The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.

Entire agreement

18.1 Subject to Section 12.1, these terms and conditions shall constitute the entire agreement between you [the hosts and users] and us in relation to your use of the HAUS platform and shall supersede all previous agreements between you and us in relation to your use of our platform.

Law and jurisdiction

19.1 These terms and conditions shall be governed by and construed in accordance the applicable laws in the territory in which it is being used.

19.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of [England].

19.3 These terms and conditions shall be governed by and construed in accordance with the internal laws of the territory in which it is being operated from without giving effect to any choice or conflict of law provision or rule.

Privacy Data Policy

20.1 Introduction

This Privacy Data Policy outlines the practices and procedures we employ to protect the privacy and personal data of users ("Users") of our Haus application ("Application"). We are committed to safeguarding the information you provide to us and ensuring that your privacy is protected. This policy explains the types of data we collect, how we use it, and the measures we take to keep it secure.

20.2 Data Collection and Usage

(a) User Profile Information

We collect personal information such as your full name, email address, and phone number. This information is used to create and manage your user account, facilitate bookings, and personalize your experience within the Application.

(b) Address Information

We collect your address details, including street address, city, and country, to assist in finding suitable accommodation options and facilitate booking transactions.

Our Application includes an in-app chat feature that allows Users to communicate with the hosts. We collect and store chat history to enable communication between Users and improve customer support.

20.3 Data Protection and Security

(a) Data Storage and Processing

We store and process your personal data in secure servers, taking reasonable measures to protect it from unauthorized access, disclosure, alteration, or destruction. We implement industry-standard security practices to ensure the confidentiality and integrity of your information.

(b) Data Sharing

We do not sell, trade, or rent your personal information to third parties for marketing purposes. However, we may share certain information with our trusted partners and service providers who assist us in delivering our services, such as accommodation providers. We ensure that these partners adhere to strict data protection standards.

We may disclose your personal information when required to do so by law or if we believe that such disclosure is necessary to comply with legal obligations, protect our rights, or enforce our terms of service.

20.4 User Rights and Choices

(a) Access and Correction

You have the right to access, update, and correct your personal data held by us. You can manage your account settings within the Application or contact us directly for assistance.

(b) Data Retention

We retain your personal data for as long as necessary to fulfill the purposes outlined in this policy or as required by law. Once the data is no longer needed, we will securely delete or anonymize it.

You may choose not to provide certain information or opt out of specific data processing activities, such as marketing communications. However, please note that this may limit your access to certain features or services within the Application.

20.5 Updates to this Policy

We reserve the right to update or modify this Privacy Data Policy from time to time. Any changes will be effective immediately upon posting the updated policy within the Application. We encourage you to review this policy periodically to stay informed about how we handle and protect your personal information.

Our details

21.1 The HAUS platform is owned and operated by DigitalRow.

21.2 You can contact us:

(a) using our platform contact form; or

(b) by telephone, on [the contact number published on our platform from time to time]; or

Last update: 05 July 2023