User: the natural person or legal entity, acting as offeror of living space as part of the User agreement, with whom/which RoomEasy has concluded or intends to conclude a User agreement.
User agreement: the agreement concluded by the User and RoomEasy whereby RoomEasy agrees to provide the use of the Platform on which the User can offer living space and can establish contact with potential tenants.
Platform: the website of RoomEasy or the mobile application "RoomEasy" of which the User can make use as part of the User agreement by publishing the livings space offered, after which matches within the meaning of article 3.3 can be realised between the User and potential tenants and to establish contact with potential tenants pursuant to the possibilities and limitations of that Platform.
Profile: the account of the User on the Platform on which the offer of living space is published and that is used to propose this offer to potential tenants via the Platform.
ARTICLE 2. | GENERAL PROVISIONS
These user terms apply to any offer made by RoomEasy to the User and each concluded User agreement.
Before the User can use the Platform registration is required pursuant to that stated in article 3.
ARTICLE 3. | ABOUT THE PLATFORM, REGISTRATION & CONTENT OF THE USER AGREEMENT
The use of the Platform is made available to offerors and potential tenants of living space. The offer of RoomEasy is in principle held by offerors of living space whose actions do not form part of a profession or company, such as real estate agents, but the offer of RoomEasy is also open for student housing organisations. RoomEasy always retains the right to dissolve a registration of the User if RoomEasy considers that a User acts in a capacity for which it considers that the Platform is not intended. RoomEasy is also authorised to deactivate the Profile or to dissolve the User agreement, effective immediately, if RoomEasy considers that the offer of housing of the User violates the offer of housing for which RoomEasy considers the Platform is intended.
The User registers on the Platform by way of the application form or via Facebook. In the event of a registration via the application form, then the User must truthfully provide all the data requested. In the event of a registration via Facebook, then the profile information of the User will be obtained from Facebook and imported from the Platform.
The user must provide his offer of living space on his Profile in the prescribed manner on the basis of the uploading of photos of living space and descriptions of living space. Potential tenants can determine on the basis of their search settings which living space and in which city or area they are interested. The User receives notifications of likes of potential tenants who are interested in the living space of the User. The User can then like the profile of the potential user who has liked his offer, after which the User and the potential tenant in question can chat with each other via the Platform if there is a match. A match is defined as a situation that the potential tenant has a sufficient balance on his 'RoomEasy profile' the moment that there is a mutual like between the potential tenant and the User.
After completing the registration procedure within the meaning of subsection 2, the User receives an email to confirm the registration and the User agreement has been completed.
After concluding the User agreement the User must provide all the mandatory details requested with regard to the living space to be provided by him, including: clear photos and a description of the living space in order for house seekers to gain a good understanding on the houses offered. The User must also provide the address of the living space and the requested rental price. The requested rental price must clearly specify whether this price includes or excludes any additional costs, such as service fees and gas, water and power utilities. Potential tenants must receive a comprehensive as possible overview on the living space offered on the Platform of the price and cost factors that exist in respect of the rental of the living space.
RoomEasy exclusively agrees to exploit the Platform that only provides opportunities for the User and potential tenants to contact each other and is not a party in the (concluding of) any rental agreements concluded by the User and (potential) users. RoomEasy also cannot guarantee that the User will actually find a suitable tenant for his living space.
The User is fully responsible for the content of the content made available to him via the Platform. RoomEasy is not obliged to ensure the content of the published living space on offer and the correctness, completeness, reliability and justification of the details provided by the User to RoomEasy. The User indemnifies RoomEasy against all claims of third parties in this respect, including those of potential tenants.
ARTICLE 4. | DURATION OF THE USER AGREEMENT
The use of the Platform is for free. The User can use the Platform for an indefinite period of time until he cancels his registration. The User is therefore always able to cancel his registration.
RoomEasy is always authorised to suspend the exploitation of the Platform without being liable to pay any damages to the User.
Notwithstanding the limitations stated in these user terms, RoomEasy will keep the Platform available for the use by the User for the duration of the User agreement. Upon termination of the User agreement, the Profile of the User is no longer shown via the Platform. RoomEasy is authorised to keep the Profile available for a reasonable period after termination of the User agreement, but is not obliged to do so. After termination of the User agreement, RoomEasy has no duty to keep the content published by the User via the Platform, the exchanged chat messages and other details provided by the User to RoomEasy.
ARTICLE 5. | OBLIGATIONS OF THE USER
Any login details provided by RoomEasy for access to the Platform, must be kept confidential by the User. All activities performed on the Profile of the User are attributed to the User.
The User is not permitted to generate multiple profiles on the Platform.
Behaviour qualified as abuse is strictly forbidden. Abuse includes, but is not limited to: the intentional entering of incorrect and misleading information via the Platform, violating the software and technical systems of RoomEasy and the intentional causing of disruptions or defects with regard to the Platform.
The User is strictly forbidden to undertake attempts to decompile or copy any software used in respect of the Platform, to manipulate it in any other way or develop software that violates the software used by RoomEasy.
The User is forbidden to send unwanted messages (SPAM) via the systems of RoomEasy.
RoomEasy retains the right to refuse or remove the content published by the User on the basis of substantive reasons or deactivate the Profile of the User or to dissolve the User agreement with immediate effect, if the User violates any provisions of these user terms and in particular that stated in the preceding subsections of this article.
ARTICLE 6. | LIABILITY AND INDEMNIFICATION
Notwithstanding intentional or deliberate recklessness of RoomEasy, RoomEasy is never liable for any direct or indirect damage suffered by the User in respect of the use of the Platform. In particular RoomEasy does not accept any liability for damage within the meaning of the preceding subsections of this article and the remainder stipulated with regard to the liability in these user terms.
RoomEasy is not able to guarantee the identity of potential tenants that use the Platform. The User is solely responsible for the due observance of the required care.
RoomEasy determines on the basis of the various variables, as it sees fit, which living spaces are proposed to which potential tenants. The User cannot claim that other Users are suggested more suitable potential tenants than the User himself and that RoomEasy holds any liability in this respect or that the User is entitled to any other compensation.
RoomEasy bears no liability for the content published via the Platform, both with regard to the living space offered by the User and the profiles of potential tenants. RoomEasy therefore accepts no liability for the content uploaded and published with the help of the Platform.
RoomEasy is not liable for damage resulting from unauthorised use of login details for access to the Platform.
RoomEasy only makes advertising space available to the User and is in no way involved in the transactions between the User and potential tenants. Any liability of RoomEasy in this respect is excluded.
RoomEasy will do its utmost to optimise the correct operation and availability of the Platform. However, RoomEasy cannot guarantee that the Platform is available to an unlimited extent and that all the facilities of the Platform will always operate without any problems. Any liability of RoomEasy in this respect is excluded.
RoomEasy is always authorised to (temporarily) take the Platform out of use if this is considered desirable for whatever reason. A temporary termination is done, for example, as part of maintenance, adjustment or improvement of the Platform or the server of RoomEasy or third parties. Any liability of RoomEasy in respect of the taking out of use of the Platform within the meaning of this subsection, is excluded.
10. All claims and defences against RoomEasy end by the lapsing of one year.
ARTICLE 7. | PRIVACY
Any personal data issued to RoomEasy is treated as confidential pursuant to the applicable privacy legislation. RoomEasy will not view the chat messages exchanged between the User and potential tenants. Notwithstanding the unambiguous agreement of the User and notwithstanding the other legal justifications for lawful data processing, RoomEasy will only process the personal data of the User for the performance of the User agreement and for the processing of the User's registration. The User agrees that RoomEasy is permitted to collect the personal data of the User in anonymous form and can internally use them for analytical purposes and for the purposes of improving the Platform.
ARTICLE 8. | INTELLECTUAL PROPERTY
All the copyrights and other intellectual property rights to the Platform, including the design, operation, images and texts of RoomEasy are held by RoomEasy insofar as these rights are not held by third parties. The User is forbidden to multiply or reproduce this material or use it in any way other than necessarily related to the normal use of the Platform.
ARTICLE 9. | QUESTIONS AND COMPLAINTS
The user can contact RoomEasy in the prescribed manner in the event of questions and complaints regarding the use of the Platform and the User agreement. This is done via the ticket system on the Platform. Questions and complaints will be answered or dealt with as soon as possible after receipt. If the question or complaint cannot be substantively answered within fourteen days after having received the question or complaint, the user will receive a confirmation of receipt within the period specifying the period within which the User will receive a substantive response. Reasonably non-relevant questions and complaints on the use of the Platform or relating to the User agreement as such will not be dealt with by RoomEasy.
If a complaint regarding RoomEasy, submitted by a User, natural person, not acting in the performance of a profession or company cannot be resolved amicably, then the User can bring the matter before the disputes committee via the ODR platform (ec.europa.eu/consumers/odr/).
ARTICLE 10. | FINAL PROVISIONS
Each User agreement and any resulting legal relations between the parties are exclusively subject to Dutch law.
Should a legal dispute arise between the parties, then the parties must do their utmost to settle that dispute amicably before bringing the matter before the court.
Insofar as this is not deviated from by mandatory law, then only the competent court within the district where RoomEasy resides will be appointed to settle any legal disputes.
The Dutch language version of the current terms are always leading for the explanation of the provisions contained therein.