Introduction.
These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on the Listed Rooms webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms and Conditions.
This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.
Intellectual Property Rights.
Other than content you own, which you may have opted to include on this Website, under these Terms, ListedRooms and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.
You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website
Restrictions.
You are expressly and emphatically restricted from all of the following:
publishing any Website material in any media;
selling, sublicensing and/or otherwise commercializing any Website material;
publicly performing and/or showing any Website material;
using this Website in any way that is, or may be, damaging to this Website;
using this Website in any way that impacts user access to this Website;
using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
using this Website to engage in any advertising or marketing;
Certain areas of this Website are restricted from access by you and OnusRoomate may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
Your Content.
In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant OnusRoomate a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be infringing on any third party’s rights. OnusRoomate reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
No warranties.
This Website is provided “as is,” with all faults, and OnusRoomate makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
Limitation of liability.
In no event shall OnusRoomate, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and OnusRoomate, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
Indemnification.
You hereby indemnify to the fullest extent OnusRoomate from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
Severability.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms.
OnusRoomate is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
Assignment.
OnusRoomate shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, .you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
Entire Agreement.
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between OnusRoomate and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
Governing Law & Jurisdiction.
These Terms will be governed by and construed in accordance with the laws of the State of United Kingdom, and you submit to the non-exclusive jurisdiction of the state and federal courts located in United Kingdom for the resolution of any disputes.
TERMS
AND CONDITIONS
GENERAL
INTRODUCTION
Welcome to
www.onusroomate.com. These Terms of Service (the "Agreement") is an
agreement between Onusroomate, ("Onusroomate" or "us" or
"our") and you ("User" or "you" or
"your" or “customer”). This Agreement sets forth the general terms
and conditions of your use of the services made available by Onusroomate. By
using the Onusroomate ("Service"), you are agreeing to be bound by
the following terms and conditions ("Terms of Service"). Onusroomate
reserves the right to update and change these Terms of Service without notice.
Violation of any of the terms below may result in the termination of your
account.
REGISTRATION
You must be at
least 18 years old to use our Services. In addition to being of the minimum
required age to use our Services under applicable law, if you are not old
enough to have authority to agree to our terms, your parent or guardian must
agree to our Terms on your behalf.
In order to access and use certain sections and
features of the Onusroomate Services, you must first register and create an
account with Onusroomate(“
User Account”).
We strongly
encourage you to keep the log-in credentials of your User Account confidential,
and allow such access only to people you trust - as you will be solely and
fully responsible for all activities that occur under your User Account and/or
User Platforms (including for any representations, warranties and undertakings
made therein), whether or not specifically authorized by you, and for any
damages, expenses or losses that may result from such activities.
You must provide
accurate and complete information when registering your User Account and using
the Onusroomate Services, to which you are the sole and exclusive rights
holder. We strongly encourage you to provide your own contact and billing
details, including your valid e-mail address, as we may use it to identify and
determine the actual and true owner of the User Account and/or User Content (as
defined below) submitted to us.
You must register
for our Services using accurate data, provide your current mobile phone number,
and, if you change it, update this mobile phone number using our in-app change
number feature.
It
is your responsibility to provide accurate, current, and complete information
on the registration forms. If there is ever an abuse issue or we need to
contact you, we will use the primary email address we have on your account. It
is your responsibility to ensure that the contact information for your account
is correct and complete at all times. If you need to verify or change your
contact information, you may use the Onusroomate client area to update your
contact information. Providing false contact information of any kind may result
in the termination of your account.
ACCEPTABLE USE OF
OUR SERVICES
Legal
and Acceptable Use.
You must access
and use our Services only for legal, authorized, and acceptable purposes. You
will not use (or assist others in using) our Services in ways that: (a)
violate, misappropriate, or infringe the rights of Onusroomate, our users, or
others, including privacy, publicity, intellectual property, or other
proprietary rights; (b) are illegal, obscene, defamatory, threatening,
intimidating, harassing, hateful, racially, or ethnically offensive, or instigate
or encourage conduct that would be illegal, or otherwise inappropriate,
including promoting violent crimes; (c) involve publishing falsehoods,
misrepresentations, or misleading statements; (d) impersonate someone; (e)
involve sending illegal or impermissible communications such as bulk messaging,
auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use
of our Services unless otherwise authorized by us.
Harm
to
Onusroomate
or Our Users.
You must not (or assist others to) access, use, copy, adapt, modify, prepare
derivative works based upon, distribute, license, sublicense, transfer,
display, perform, or otherwise exploit our Services in impermissible or
unauthorized manners, or in ways that burden, impair, or harm us, our Services,
systems, our users, or others, including that you must not directly or through
automated means: (a) reverse engineer, alter, modify, create derivative works
from, decompile, or extract code from our Services; (b) send, store, or
transmit viruses or other harmful computer code through or onto our Services;
(c) gain or attempt to gain unauthorized access to our Services or systems; (d)
interfere with or disrupt the integrity or performance of our Services; (e)
create accounts for our Services through unauthorized or automated means; (f)
collect the information of or about our users in any impermissible or
unauthorized manner; (g) sell, resell, rent, or charge for our Services; or (h)
distribute or make our Services available over a network where they could be
used by multiple devices at the same time.
Keeping
Your Account Secure.
You are
responsible for keeping your device and your Onusroomate account safe and
secure, and you must notify us promptly of any unauthorized use or security
breach of your account or our Services.
THIRD-PARTY
SERVICES
Our Services may
allow you to access, use, or interact with third-party websites, apps, content,
and other products and services. For example, you may choose to use third-party
data backup services (such as iCloud or Google Drive) that are integrated with
our Services or interact with a share button on a third party’s website that
enables you to send information to your Onusroomate contacts. Please note that
when you use third-party services, their own terms and privacy policies will
govern your use of those services.
LICENSES
Our Rights.
Onusroomate does not claim ownership of the
information that you submit for your Onusroomate account or through our
Services. You must have the necessary rights to such information that you
submit for your Onusroomate account or through our Services and the right to
grant the rights and licenses in our Terms.
Onusroomate
’s
Rights. We own all copyrights, trademarks,
domains, logos, trade dress, trade secrets, patents, and other intellectual
property rights associated with our Services. You may not use our copyrights,
trademarks, domains, logos, trade dress, patents, and other intellectual
property rights unless you have our express permission and except in accordance
with our terms and conditions.
Your
License to
Onusroomate.
In order to operate and provide our Services, you
grant Onusroomate a worldwide, non-exclusive, royalty-free, sublicensable, and
transferable license to use, reproduce, distribute, create derivative works of,
display, and perform the information (including the content) that you upload,
submit, store, send, or receive on or through our Services. The rights you
grant in this license are for the limited purpose of operating and providing
our Services
Onusroomate
’s License to You.
We grant you a limited, revocable, non-exclusive,
non-sublicensable, and non-transferable license to use our Services, subject to
and in accordance with our Terms. This license is for the sole purpose of
enabling you to use our Services, in the manner permitted by our Terms. No
licenses or rights are granted to you by implication or otherwise, except for
the licenses and rights expressly granted to you.
FRAUD
It
is a violation of this Agreement for you to misuse or fraudulently use credit
cards, charge cards, electronic funds transfers, electronic checks, or any
other payment method. Onusroomate may report any such misuse or fraudulent use,
as determined in Onusroomate sole discretion, to governmental and law
enforcement authorities, credit reporting services, financial institutions
and/or credit card companies.
If
personal information on any Onusroomate account or service information is
incorrect, or fraudulent, Onusroomate is entitled to the right to suspend or
irreversibly terminate services of the account without any prior warning.
When you submit, upload,
transmit or display any data, information, media or other content in connection
with your use of Onusroomate (“Your Content”), you understand and agree that:
·
you will continue to own and be
responsible for Your Content;
·
we will not sell Your Content to any third
party;
·
you are giving us and our affiliate
companies a perpetual, non-exclusive, transferable, sub-licensable,
royalty-free, worldwide licence to use Your Content (with no fees or charges
payable by us to you) for the purposes of providing, promoting, developing and
trying to improve Onusroomate and our
other services, including new services that we may provide in the future. All
such use will, to the extent Your Content contains Personal Information, be in
accordance with our Onusroomate Privacy Policy. As part of this licence, we and
our affiliate companies may, subject to the our OnusroomatePrivacy Policy, copy, reproduce, host, store,
process, adapt, modify, translate, perform, distribute and publish Your Content
worldwide in all media and by all distribution methods, including those that are
developed in the future;
·
you grant other Onusroomateusers a non-exclusive licence to access and
use Your Content within Onusroomate, in accordance with these Terms and
Onusroomate 's functionalities;
·
we may share Your Content with third
parties that we work with to help provide, promote, develop and improve
Onusroomate in accordance with the
Onusroomate Privacy Policy;
·
we may use the name that you submit in
connection with Your Content (whether that be your account name, real name or
otherwise); and
·
you will comply with these Terms,
including our Onusroomate Acceptable Use
Policy, in your submission of Your Content.
In addition, you agree
that we and our affiliate companies (subject to these Terms, our Onusroomate
Privacy Policy and applicable laws and regulations):
·
are allowed to retain and continue to use
Your Content after you stop using Onusroomate ;
·
may be required to retain or disclose Your
Content: (a) in order to comply with applicable laws or regulations; (b) in
order to comply with a court order, subpoena or other legal process; (c) in
order to respond to a lawful request by a government authority, law enforcement
agency or similar body (whether situated in your jurisdiction or elsewhere); or
(d) where we believe it is reasonably necessary to comply with applicable laws
or regulations, in each case whether such applicable law or regulation, legal
process or government body is of your jurisdiction or elsewhere;
·
may be required to retain or disclose Your
Content in order to enforce these Terms or to protect any rights, property or
safety of ours, our affiliate companies or other users of Onusroomate .
You understand that even
if you seek to delete Your Content from Onusroomate , it may as a technical and
administrative matter take some time or not be possible to achieve this – for
example, we may not be able to prevent any third party from storing or using
any of Your Content that you have made public via Onusroomate .
We reserve the right to
block or remove Your Content for any reason, including as is in our opinion
appropriate, as required by applicable laws and regulations.
RESPONSIBILITY FOR YOUR CONTENT
You are solely
responsible for Your Content. We are not responsible for maintaining a backup
of Your Content - we recommend that you keep a back-up copy of it at all times.
You must at all times
ensure that: (a) you have the rights required to copy, process, transmit,
access, publish, display and use Your Content, and to grant us and other third
parties the rights as set out in these Terms; and (b) Your Content (and our use
of Your Content in accordance with these Terms) does not infringe or violate
any applicable laws or regulations or the rights of any person.
All intellectual property
rights in or to Onusroomate and any Onusroomate Website (including any future
updates, upgrades and new versions to all such Onusroomate Website), will
continue to belong to us and our licensors. Except as expressly provided in
these Terms, you have no right to use our intellectual property rights, including
our trademarks or product names, logos, domain names or other distinctive brand
features, without our prior written consent. Any comments or suggestions you
may provide regarding Onusroomate are entirely voluntary and we will be free to
use these comments and suggestions at our discretion (including using such
comments to improve existing services or create new services) without any
payment or other obligation to you.
We grant you a, personal,
on-exclusive, non-sublicensable, non-transferrable, royalty-free and revocable
right to use Onusroomate and any services from us as part of or in relation to
your use of Onusroomate, solely in accordance with these Terms and subject to
any other instructions as provided by us to you in relation to your use of Onusroomate
from time to time. Please note that these terms may be supplemented by terms
and conditions applicable to Onusroomate Website.
You may not copy, modify,
create derivative works, reverse compile, reverse engineer or extract source
codes from Onusroomate Website, and you may not sell, distribute, redistribute
or sublicense Onusroomate or the Onusroomate
Website, except in each case to the extent that we may not prohibit you
from doing so under applicable laws or regulations or you have our prior written
consent to do so. Where applicable laws or regulations entitle you to reverse
compile or extract source codes from Onusroomate Website, you will first
contact us to request the information you need.
We may from time to time
provide updates to Onusroomate Website. Such updates may occur automatically or
manually. We do not guarantee that we will provide any updates for any
Onusroomate Website, or that such updates will continue to support your device
or system. All updates to the Onusroomate Website are part of the Onusroomate
Website and subject to these Terms, except as otherwise specified by us.
LIMITATION OF LIABILITY
The Onusroomate
parties will not be liable to you for any lost profits or consequential,
special, punitive, indirect, or incidental damages relating to, arising out of,
or in any way in connection with our terms, us, or our services, even if the
Onusroomate parties have been advised of the possibility of such damages. Our
aggregate liability relating to, arising out of, or in any way in connection
with our terms, us, or our services will not exceed the amount you have paid us
in the past twelve months. The foregoing disclaimer of certain damages and
limitation of liability will apply to the maximum extent permitted by applicable
law. The laws of some states or jurisdictions may not allow the exclusion or
limitation of certain damages, so some or all of the exclusions and limitations
set forth above may not apply to you. Notwithstanding anything to the contrary
in our terms, in such cases, the liability of the Onusroomate parties will be
limited to the fullest extent permitted by applicable law.
DISPUTES
Any
dispute or chargeback towards a payment or invoice to Onusroomate will result
in an immediate termination of all services. This may be reversed in some cases
in the resolution of the chargeback or dispute but generally is not. If there
is an issue, contact us through email at support@onusfocustech.co.uk
Onusroomate
reserves the right to suspend or terminate your account if such events were to
occur.
STORAGE
You
may be able to upload, store, publish, display and distribute information,
text, photos, videos and other content on or through the Services
(collectively, "User Content"). User Content includes any content
posted by you or by users of any of your websites hosted through the Services
("User Websites"). You are solely responsible for any and all User
Content and any transactions or other activities conducted on or through User
Websites.
By
posting or distributing User Content on or through the Services, you represent
and warrant to Onusroomate that:
(i)
you have all the necessary rights to post or
distribute such User Content, and
(ii)
your posting
or distribution of such User Content does not infringe or violate the rights of
any third party. Onusroomate reserves the right to intervene with any of the
sites hosted on its servers in the interest of its customers.
Onusroomate
accepts no responsibility for, User Content or the content of any information
passing through Onusroomate's computers, network hubs and points of presence or
the Internet. Onusroomate does not monitor User Content. However, you
acknowledge and agree that Onusroomate may, but is not obligated to,
immediately take any corrective action in Onusroomate's sole discretion,
including without limitation removal of all or a portion of the User Content or
User Websites, and suspend or terminate any and all Services without refund if
you violate the terms of this Agreement. You hereby agree that Onusroomate
shall have no liability due to any corrective action that Onusroomate may take.
PAYMENT
SECURITY POLICY
You will have to pay for advert using your
credit/debit or PayPal
. Our Payment
Service Provider is highly secured and efficient. It provides a secure payment
gateway, processing payments for thousands of online businesses, including
ours. It is our payment service provider’s utmost priority to ensure that
transaction data is handled in a safe and secure way.
It complies with security
standard to the highest level and maintains regular security audits.It is also regularly audited by the banks and
banking authorities to ensure that their systems are impenetrable.
So when buying through our
site, you can be sure that you are completely protected.
PRICE CHANGE
We
reserve the right to change prices listed on Onusroomate, and the right to
change the amount of resources given to plans at any time.
INDEMNIFICATION
Customer
agrees that it shall defend, indemnify, save and hold Onusroomate harmless from
any and all demands, liabilities, losses, costs and claims, including
reasonable attorney's fees asserted against Onusroomate, its agents, its
customers, officers and employees, that may arise or result from any service
provided or performed or agreed to be performed or any product sold by
customer, its agents, employees or assigns. Customer agrees to defend,
indemnify and hold harmless Onusroomate against liabilities arising out of; (1)
any injury to person or property caused by any products sold or otherwise
distributed in connection with Onusroomate; (2) any material supplied by
customer infringing or allegedly infringing on the proprietary rights of a
third party; (3) copyright infringement and (4) any defective products sold to
customers from Onusroomate's server.
DISCLAIMERS
You use our services at your
own risk and subject to the following disclaimers. We are providing our
services on an “as is” basis without any express or implied warranties,
including, but not limited to, warranties of merchantability, fitness for a
particular purpose, title, non-infringement, and freedom from computer virus or
other harmful code. We do not warrant that any information provided by us is
accurate, complete, or useful, that our services will be operational, error
free, secure, or safe, or that our services will function without disruptions,
delays, or imperfections. We do not control, and are not responsible for,
controlling how or when our users use our services or the features, services,
and interfaces our services provide. We are not responsible for and are not
obligated to control the actions or information (including content) of our
users or other third parties. You release us, our subsidiaries, affiliates, and
our and their directors, officers, employees, partners, and agents (together, the
“Onusroomate parties”) from any claim, complaint, cause of action, controversy,
or dispute (together, “claim”) and damages, known and unknown, relating to,
arising out of, or in any way connected with any such claim you have against
any third parties. You waive any rights you may have or law of any
jurisdiction, which says that: a general release does not extend to claims
which the creditor does not know or suspect to exist in his or her favor at the
time of executing the release, which if known by him or her must have
materially affected his or her settlement with the debtor.
Onusroomate shall
not be responsible for any damages your business may suffer. Onusroomate makes
no warranties of any kind, expressed or implied for services we provide.
Onusroomate disclaims any warranty or merchantability or fitness for a
particular purpose. This includes loss of data resulting from delays, no
deliveries, wrong delivery, and any and all service interruptions caused by
Onusroomate and its employees.
DISCLOSURE TO LAW
ENFORCEMENT
Onusroomate
may disclose any subscriber information to law enforcement agencies without
further consent or notification to the subscriber upon lawful request from such
agencies. We will cooperate fully with law enforcement agencies.
AVAILABILITY OF OUR SERVICES
Our Services may
be interrupted, including for maintenance, repairs, upgrades, or network or
equipment failures. We may discontinue some or all of our Services, including
certain features and the support for certain devices and platforms, at any
time. Events beyond our control may affect our Services, such as events in
nature and other force majeure events.
RETENTION
AND BACK-UP OF YOUR CONTENT
Following termination of these Terms, we will only retain and use Your
Content in accordance with these Terms and, to the extent Your Content includes
Personal Information, the Onusroomate Privacy Policy. Subject to the
Onusroomate Privacy Policy and applicable laws and regulations in your
jurisdiction, where we suspend or terminate all or part of Onusroomate, or
where your access to Onusroomate is terminated by you or us, we do not
guarantee that we will be able to return any of Your Content back to you and we
may permanently delete Your Content without notice to you at any time after
termination. Please ensure that you regularly back up Your Content.
We may make changes to these Terms (and any applicable Additional Terms)
over time (for example, to reflect technical improvements and changes to
Onusroomate (for example, to address a security threat) or applicable laws and,
so please come back and review these Terms regularly.
Where we consider that such changes are reasonably substantial, we will
notify you via our website, direct communication to you, on this page or the
relevant page for the relevant additional terms or policy, or other means),
prior to such changes becoming effective.
By
continuing to use Onusroomate after we make any changes to these Terms, you are
agreeing to be bound by the revised Terms
.
GOVERNING LAW AND
JURISDICTION
The Onusroomate
Terms, the rights and remedies provided hereunder, and any and all claims and
disputes related hereto and/or to the Onusroomate Services, their
interpretation, or the breach, termination or validity thereof, the
relationships which result from or pursuant to the Onusroomate Terms, or any
related transaction or purchase, shall be governed by, construed under and
enforced in all respects solely and exclusively in accordance with the internal
substantive laws of The United Kingdom, without respect to its conflict of laws
principles.
Any and all such
claims and disputes shall be brought in, and you hereby consent to them being
decided exclusively by, a court of competent jurisdiction located in The United
Kingdom.
Subject to any
applicable law, all disputes between you and Onusroomate shall only be resolved
on an individual basis and you shall not have the right to bring any claim
against Onusroomate as a plaintiff or a member of a class, consolidated or
representative actions (or any other legal proceedings conducted by a group or
by representatives on behalf of others).
SEVERABILITY
If any provision
of the Onusroomate Terms is deemed by a court of competent jurisdiction to be
invalid, unlawful, void, or for any reason unenforceable, then such provision
shall be deemed severable and will not affect the validity and enforceability
of the remaining provisions. No Waiver of any breach or default of any of the
Onusroomate Terms shall be deemed to be a waiver of any preceding or subsequent
breach or default.
These Terms will apply to
your use of Onusroomate until your access to Onusroomate is terminated by
either you or us.
You may terminate your
use of Onusroomate , or any of the services accessible therein, at any time
(including if we have told you about an upcoming change to all or part of
Onusroomate or these Terms which you do not agree to). We may suspend or
terminate your access to your account or any or all of Onusroomate :
·
if we undertake maintenance or support of
Onusroomate ;
·
to make changes to Onusroomateas notified by us to you;
·
if we reasonably believe that you have
breached these Terms;
·
if your use of Onusroomatecreates risk for us or for other users of
Onusroomate , gives rise to a threat of potential third party claims against us
or is potentially damaging to our reputation;
·
if such suspension or termination is
required due to Applicable Laws; or
·
to the extent permitted by applicable laws
and regulations, for any other reason in our sole and absolute discretion, and
where reasonably practicable, we will give you advance notice of any suspension
or termination.
If your access to
Onusroomate is terminated (in whole or in part) by you or us, you agree that:
(a) all of your rights under these Terms will terminate (b) you will
immediately permanently delete all copies of Onusroomate Website to which the
termination relates and you will immediately cease accessing and using any such
Onusroomate Website.
FURTHER INFORMATION
The website
is operated by Onusroomate. All feedback, comments, requests for technical
support and other communications relating to the website should be directed to
support@onusfocustech.co.uk