User: each natural person not acting in the performance of a profession or company who, in respect of the use of the Platform, is referred to as a house seeker and a potential tenant of a Room, with whom 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 like Rooms and can come into contact with potential lessors of Rooms in return for payment of Credits.
Rooms: all the living space offered for rent via the Platform, which includes not only rooms and studios, but also any other living space.
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 his Profile and which the User can use to search and like Rooms and to establish contact with the lessor pursuant to the possibilities and limitations of that Platform.
Match: the situation in which a certain lessor can chat via the Platform with the User after the User has liked the offer of a Room of the lessor in question and the lessor likes the Profile of the User, subject to the condition that the User has a sufficient Credits balance for this.
Credits: the balance purchased by the User in order to realise Matches.
Profile: the account of the User on the Platform that is used to introduce him to lessors 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 offered to parties that wish to seek Rooms for rent and lessors of Rooms via the Platform. 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 can determine on the basis of his search settings on his Profile in which Rooms, in which city or area he is interested. The User is then suggested Rooms that may be interesting for him. The User can then like these Rooms. The relevant lessor is informed of the like via the Platform, after which he can then like the Profile of the User. If the lessor likes the Profile of the User, then this results in a Match, which means that the User will need to pay a Credit to RoomEasy and the User and the lessor in question can chat with each other via the Platform.
Credits are deducted the moment the User likes the Room and are returned if the lessor explicitly does not like the Profile of the User.
If the User has outstanding Credits the moment he has already found a Room, he can transfer this balance in the manner prescribed to another registered user on the Platform after which the registration of the User lapses.
After completing the registration procedure within the meaning of subsection 1, the User receives an email to confirm the registration and the User agreement has been completed.
RoomEasy will do its utmost to ensure that lessors who use the Platform will include the requested rental price including any additional costs, such as service costs, photos and descriptions of the Rooms provided by the lessors are as accurate as possible and a reliable impression of the Rooms offered. However, RoomEasy does not bear any responsibility and liability for the correctness and completeness of the data listed in the houses offered and other content related thereto.
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 lessors. RoomEasy also cannot guarantee that the User will actually find a suitable Room.
The User is fully responsible for the content of the content made available to him via the Platform. RoomEasy is not complied to verify whether the content of the data and other content published by the user and the lessors via the Platform is correct. The User is solely responsible for the assessment of the houses offered of lessors is correct, complete, reliable and lawful. Any liability of RoomEasy in this respect is excluded.
ARTICLE 4. | DURATION OF THE USER AGREEMENT, PRICES AND PAYMENTS
The use of the Platform is free, however in order to respond to Rooms or contact lessors, the User must purchase Credits. Notwithstanding that stated in subsection 5, 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, but the User can never claim any repayment of any payments made by him.
Credits must be purchased in the prescribed manner via the iTunes Apple Store or Google Play Store. The moment the Credits become available to the User, the User can like Rooms and the User has explicitly confirmed the compliance of the agreement has commenced by way of its prior permission and that in doing so he waives his legal right of dissolution. Purchased Credits are therefore never available for restitution, notwithstanding that stated in subsection 5.
Credits are not added to the Profile of the User before the amount due has been received by RoomEasy or the relevant payment service provider.
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 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.
Also in the event referred to in the preceding subsection, first sentence, the User cannot claim repayment of the price of unused Credits if he has not used the Platform during six consecutive months.
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 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. In that case no money is repaid in respect of any payments already made by the User.
ARTICLE 6. | LIABILITY AND INDEMNIFICATION
Notwithstanding intentional and 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 lessors 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 Rooms are proposed to which Users. The users seeking living space that use the Platform, cannot claim that other Users are suggested more suitable Rooms 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 profile of the User and the offer of Rooms of lessors. 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 lessors. 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 have the Platform taken out of use if this is deemed desirable due to maintenance, adjustment or improvement of the Platform or the servers of RoomEasy or third parties. Any liability of RoomEasy in this respect is excluded.
11. 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 lessors. 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 other 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 cannot be resolved amicably, then the User can bring the dispute to the dispute 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.