Terms & conditions of use
Hapipod Website Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
What's in these terms?
These terms tell you the rules for using our website www.hapipod.com (our site).
Unless otherwise stated, all terms and conditions apply to all Users, Hosts and Homemates.
Contents:
Clause:
Definitions and interpretation
These terms
Information about us and how to contact us
Terms of use
Acceptable use policy
Our services
Use of services
Providing the services
Notifications and reminders
Our contract with you
Mutually beneficial arrangements between a Host and a Homemate
No partnership, agency or employment
Your warranties
Our rights to make changes
Subscriptions
Price and payment for services
Locations and host properties
Your rights to end the contract
Cancellation (including if you have changed your mind)
Our rights to end the contract
If there is a problem with the services
Limitation of liability and indemnity
How we may use your personal information
Other important terms
OUR TERMS
1. DEFINITIONS AND INTERPRETATION
1.1 The following definitions shall apply to these terms and conditions:
Account means as defined under clause 4.1.
Account Holder means a person who has a valid, registered Account on the Hapipod platform who has undertaken and completed the identification verification and background check in accordance with clause 4.2).
Account Holder Features means the limited features available only to Account Holders on the Hapipod platform (even if no valid subscription is held) which include the User Features, the Registered User Features and the following additional features:
the ability to create a full profile;
the ability for other Users to view your full profile;
the ability to subscribe to the Services to access the Subscription Features;
the ability to carry out advanced searches;
the ability to view and browse full profiles of other Users; and
the ability to shortlist other Users.
For the avoidance of doubt, the Account Holder Features shall not include the Subscription Features, the Silver Subscription Features or the Gold Subscription Features which shall be solely and exclusively available to Subscribers and/or those Subscribers holding a valid Silver or Gold Subscription (as applicable).
Charges means all and any charges which may become due to us from you in accordance with these terms including any Identification Verification Charges, Subscription Charges or other charges, fees, costs of expenses as may arise from time to time.
Content Standards has the meaning set out in clause 5.4.
Gold Subscription Features means exclusive access (available only to Subscribers holding a valid Gold Subscription) to all available features on the Hapipod platform which includes the User Features, the Registered User Features, the Account Holder Features, the Subscription Features, the Silver Subscription Features and the following additional features:
the lowest Subscription Charges (when calculated on a per month basis); and
increased access to meet online and share feedback with the Hapipod support team.
Hapipod is a trading name of Hapipod Ltd a company registered in England and Wales. Our company registration number is 12859227 and our registered office is at 34 South Molton Street, London, United Kingdom W1K 5RG.
Hapipod Code of Conduct means the Hapipod code of conduct as set out in Schedule 1 to these terms.
Homemate means a Subscriber browsing or using the platform to match or communicate with a Host with a view to reaching an agreed arrangement with such Host to cohabit with the Host in the Host’s property.
Homeshare Contract Template means a template homeshare contract provided by Hapipod (worth £60) which may be amended, adapted and tailored to the individual and specific terms and needs of each engagement, commitment or arrangement as may be agreed between a Host and a Homemate.
Host means a Subscriber offering hosting to Homemates through the Hapipod platform.
Host Property means any property owned, leased or licensed by a Host (and Host Properties shall be construed accordingly).
Identification Verification Charges has the meaning set out in clause 16.1.
Registered User means a User who has created a basic Account in accordance with clause 4.1 but has not undertaken and completed the identification verification and background check as provided for under clause 4.2.
Registered User Features means the limited features available to Registered Users who have a valid Account (but have not undertaken and completed the identification verification and background check process in accordance with clause 4.2) on the Hapipod platform (even if no valid subscription is held) which include the User Features and the following additional features:
the ability to create a basic profile;
the ability to view and browse basic profiles of other Users;
the ability to carry out basic searches (including searching by area, gender and availability);
the ability to view and browse the profile image and details of other Users (including name, age, location, occupation and Covid vaccination status);
the ability to confirm if other Users have undertaken and completed the identification verification and background check in accordance with clause 4.2;
the ability to confirm if other Users claim to have a current DBS certificate; and
the ability to view and browse different room types and dates of availability.
For the avoidance of doubt, the Registered User Features shall not include the Account Holder Features, the Subscription Features, the Silver Subscription Features or the Gold Subscription Features which shall be solely and exclusively available to Account Holders, Subscribers and/or those Subscribers holding a valid Silver or Gold Subscription (as applicable).
Services means the platform provided by Hapipod through its website as set out in clause 6 of these terms.
Silver Subscription Features means exclusive access (available only to Subscribers holding a valid Gold Subscription) to the majority of available features on the Hapipod platform which includes the User Features, the Registered User Features, the Account Holder Features, the Subscription Features and the following additional features:
lower Subscription Charges than with a Bronze Subscription (when calculated on a per month basis); and
Host’s access to a private group and community created on Facebook (if you hold a valid Silver Subscription or Gold Subscription).
For the avoidance of doubt, the Silver Subscription Features shall not include the Gold Subscription Features which shall be solely and exclusively available to Subscribers holding a valid Gold Subscription.
Stripe is a trading name of Stripe, Inc. whose registered office is at 510 Townsend Street, San Francisco, CA 94103, USA.
Subscriber means the holder of a valid subscription to the Services.
Subscription Charges has the meaning set out in clause 16.2.
Subscription Features means exclusive access (available only to Subscribers) to a wide range of features on the Hapipod platform which include the User Features, the Registered User Features, the Account Holder Features and the following additional features:
the ability to view the full profiles of other Users on the Hapipod platform;
the ability to receive notifications;
the ability to connect and communicate with other Users on the Hapipod platform;
free entry into monthly prize draws;
access to some great, selected offers on homeware and linens;
regular news updates with top tips for the best Hapipod experience; and
access to the Homeshare Contract Template (worth £60).
For the avoidance of doubt, the Subscription Features shall not include the Silver Subscription Features or the Gold Subscription Features which shall be solely and exclusively available to Subscribers holding a valid Silver Subscription or Gold Subscription respectively.
User means any person or entity accessing, browsing or using in any way our platform (which shall include any Host, Homemate, Account Holder or Subscriber).
User Features means the limited features available to all Users of the Hapipod platform (even if no Account is registered and no valid subscription is held) which include:
the ability to view and browse the platform and learn more about the Services offered by Hapipod;
the ability to create and register an Account (subject to these terms); and
the ability to view the number of registered Hosts and Homemates in a certain location.
For the avoidance of doubt, the User Features shall not include the Registered User Features, Account Holder Features, Subscription Features, the Silver Subscription Features or the Gold Subscription Features which shall be solely and exclusively available to Registered Users, Account Holders, Subscribers and/or those Subscribers holding a valid Silver or Gold Subscription (as applicable).
Yoti is a trading name of Yoti Ltd a company registered in England and Wales with company registration number 08998951 and whose registered office is at 130 Fenchurch Street, London, EC3M 5DJ.
1.2 Unless the context otherwise requires, references to ‘terms’, ‘conditions’, ‘terms and conditions’ or ‘these terms’ shall mean these terms and conditions.
1.3 Unless the context otherwise requires, references to Services as defined above shall be to the services offered by Hapipod only and, for the avoidance of any doubt, shall not include or be confused with any services offered or agreed by any Host, Homemate or User.
1.4 Clause and paragraph headings shall not affect the interpretation of these terms.
1.5 Unless the context otherwise requires, words in the singular shall include the plural and the plural shall include the singular.
1.6 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
2. THESE TERMS
2.1 What these terms cover. These are the terms and conditions on which we supply Services to you through our website.
2.2 Why you should read them. Please read these terms carefully before using our Services. These terms tell you who we are, how we will provide Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2.3 Acceptance of terms. By using our Services, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our Services. We recommend that you print a copy of these terms for future reference.
2.4 Additional terms. These terms of use refer to the following additional terms, which also apply to your use of our Services:
2.4.1 Our Privacy Policy. See further under How we may use your personal information; and
2.4.2 Our Cookie Policy, which sets out information about the cookies on our site.
3. INFORMATION ABOUT US AND HOW TO CONTACT US
3.1 Who we are. Hapipod is a trading name of Hapipod Ltd a company registered in England and Wales. Our company registration number is 12859227 and our registered office is at 34 South Molton Street, London, United Kingdom W1K 5RG.
3.2 How to contact us. You can contact us by emailing us at support@hapipod.com or, if you have any questions, please visit our FAQ section on the Homepage (or via link in the footer).
3.3 How we may contact you. If we have to contact you for any reason we will do so by telephone, SMS text message, WhatsApp or by writing to you at the email address or postal address you have provided to us.
3.4 "Writing" includes emails and messages. When we use the words "writing" or "written" in these terms, this includes emails, SMS text messages and WhatsApp messages.
3.5 Response times. We will endeavour to respond to emails received from you within 48 hours of receipt but will not accept any liability in the event that we are unable to respond within this timeframe. Response times in relation to identification verification and background checks may vary and can take up to 4 business days.
4. TERMS OF USE
4.1 Account. Whether you are a Host or Homemate, in order to become a Registered User or Account Holder (which will give you access to the Registered User Features and Account Holder Features respectively), you must register for and maintain an active account (“Account”). In order to register for an account, you may be required to provide certain personal information and data which may include (but shall not be limited to):
4.1.1 your name/the name of your company/business;
4.1.2 your date of birth and age;
4.1.3 your residential address/your commercial address;
4.1.4 your contact details;
4.1.5 your payment details;
4.1.6 your gender;
4.1.7 your health status; and/or
4.1.8 your Covid vaccination status.
You undertake and warrant to keep all information and data provided to us up to date, complete and accurate. You agree to maintain accurate, complete, and up-to-date information in your Account.
Notwithstanding the creation or registration of an Account in accordance with this clause 4.1, you cannot become an Account Holder or access the Account Holder Features until you have undertaken and completed an identification verification and background check in accordance with clause 4.2.
4.2 Identification verification and background check. In order to successfully fully register an Account with us, become an Account Holder and have access to the Account Holder Features, you must undertake an identification verification and background check through Yoti, our approved third party identification verification and background check provider. You will not have access to the Account Holder Features unless or until confirmation has been received that you have undertaken and completed a clear identification verification and background check from Yoti. You will be charged a non-refundable Identification Verification Charge to carry out the identification verification and background check, please see our Charges in section 16 on page 22 for further information. For the avoidance of doubt, the ability to purchase a subscription to the Services is an Account Holder Feature - you will not be able to purchase a subscription to the Services unless or until you have complied with the provisions of this clause 4.2.
4.3 Expiration of identification verification and background check. In order to ensure that our records are kept up to date and to provide additional comfort for our Users, we may periodically request Users to undertake an updated identification verification and background check. Unless we have any specific concerns or any issues have been highlighted to us, we will not request you to undertake more than one clear and passed identification verification and background check in any 2-year period. We will always contact you and provide you with adequate notice if we require you to undertake a further identification verification and background check. Any new checks which are requested must be undertaken within a reasonable period of time in accordance with clause 4.2 and an additional Identification Verification Charge will apply. If you do not undertake a further identification verification and background check within a reasonable period of time when requested to do so, your account may be suspended or removed in accordance with clause 4.5.
4.4 Your responsibility and no reliance on identification verification and background checks. Whilst we endeavour to provide comfort to Users by ensuring that all Account Holders undergo identification verification and background checks, we do not make any representations or warranties, express, implied or statutory in relation to the reliability, safety or accuracy of these checks as these are carried out by a third party provider and are outside of our control. It is your sole responsibility to carry out whatever further checks, requests, enquiries or investigations you may deem necessary in order to satisfy yourself and gain comfort in relation to any Users that you may connect, interact, engage or communicate with through the Services.
4.5 Removal of unverified Accounts. We reserve the right in our sole and absolute discretion to remove the Accounts of any Account Holders who have not completed, passed and obtained a clear identification verification and background check.
4.6 Age Restrictions. The Services are not intended for use by, and shall not be available to, persons under the age of 18.
4.7 You must keep your account details safe. If you choose, or you are provided with, a username, user identification code, password or any other piece of information as part of our security procedures or in respect of your Account, you must treat such information as confidential. You must not disclose it to any third party. If you know or suspect that anyone other than you knows your username, user identification code or password, you must promptly notify us at support@hapipod.com.
4.8 Third party use. You may not under any circumstances authorise third parties to use your Account.
4.9 Consent to receive communications. In registering and operating an Account, you hereby agree that pursuant and ancillary to the Services we may send you communications (by telephone, email, SMS text message, WhatsApp or otherwise) as part of the day-to-day operation of the business. You may opt-out of receiving communications at any time but accept that in doing so this may greatly restrict and impact your use of the Services.
4.10 Right to disable, suspend or delete. We have the right to disable, suspend or delete your Account or any part thereof, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
4.11 How you may use material. We are the owner or the licensee of all intellectual property rights on our Services, and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use any part of the content on our Services for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our Services in breach of these terms of use, your right to use our Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
4.12 No modification of materials. You must not modify any materials in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics.
4.13 Our status. Our status (and that of any identified contributors) as the authors of content on our Services must always be acknowledged.
4.14 Do not rely on information or images on our Services. Although we make reasonable efforts to update the information on our Services, we make no representations, warranties or guarantees, whether express or implied, that the content on our Services is accurate, complete, up to date or suitable for you or for your needs. Further, we make no representations, warranties or guarantees, whether express or implied, that any images on our Services depict real-life situations or have not been manipulated. All images are for illustrative and guidance purposes only.
4.15 We are not responsible for websites we link to. Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
4.16 Uploading content. Whenever you make use of a feature that allows you to upload content, or to make contact with other users, you must comply with these terms and the Content Standards set out in our Acceptable Use Policy in clause 5. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
4.17 Confidentiality of content and material you upload. Any content you upload will be considered non-confidential and non-proprietary.
4.18 Rights in material you upload. When you upload or post content to our Services, you retain all of your ownership rights in your content, but you grant to us full rights and an irrevocable, perpetual, royalty-free licence to use, store, copy and modify that content and to distribute and make it available to third parties. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you constitutes a violation of their intellectual property rights, or of their right to privacy.
4.19 Right to remove. We have the right to remove any posting you make or content you upload if, in our sole and absolute discretion, we believe your post or content does not comply with the Content Standards set out in our Acceptable Use Policy in clause 5.
4.20 Backing up and storing content. You are solely responsible for securing and backing up your content. We do not store terrorist content.
4.21 Not responsible for viruses. We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Services. You should use your own virus protection software. You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Services, the server on which our Services are stored or any server, computer or database connected to our Services. You must not attack our Services via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
4.22 Rules about linking to our Services. You may link to our Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Services in any website or application that is not owned by you. We reserve the right to withdraw linking permission without notice. Any website or application in which you are linking must comply in all respects with the Content Standards set out in our Acceptable Use Policy in clause 5.
4.23 User-generated content is not approved by us. Our Services may include information and materials uploaded by other Users, including to bulletin/message boards. This information and these materials have not been verified, moderated or approved by us. The views expressed by other Users on our Services do not represent our views or values.
5.ACCEPTABLE USE POLICY
5.1 Acceptable uses. You may use the Services:
5.1.1 to browse and view the content of our Services;
5.1.2 to upload content and materials in accordance with these terms;
5.1.3 to utilise the Hapipod platform;
5.1.4 to utilise the User Features;
5.1.5 subject to holding a valid and registered Account, to use the Registered User Features;
5.1.6 subject to having undertaken and completed an identification verification and background check in accordance with clause 4.2, to use the Account Holder Features;
5.1.7 subject to a holding valid subscription, to use the Subscription Features;
5.1.8 subject to holding a valid Silver Subscription, to use the Silver Subscription Features; and
5.1.9 subject to holding a valid Gold Subscription, to use the Gold Subscription Features.
5.2 Prohibited uses. You may use our Services only for lawful purposes. You may not use our Services:
5.2.1 in any way that breaches any applicable local, national or international law or regulation;
5.2.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
5.2.3 for the purpose of harming or attempting to harm minors or any person in any way;
5.2.4 to bully, insult, intimidate or humiliate any person;
5.2.5 to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards in section 5.4
5.2.6 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
5.2.7 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or
5.2.8 for any other reason not stated to be an acceptable use in clause 5.1.
5.3 You also agree:
5.3.1 not to reproduce, duplicate, copy or re-sell any part of our Services in contravention of the provisions of our terms; and
5.3.2 not to access without authority, interfere with, damage or disrupt:
5.3.2.1 any part of our Services;
5.3.2.2 any equipment or network on which our Services are stored;
5.3.2.3 any software used in the provision of our Services; or
5.3.2.4 any equipment or network or software owned or used by any third party.
5.4 Content standards. These Content Standards apply to any and all material which you contribute to our Services and to any interactive services associated with it including any communications (through whatever medium) as between any Host, Homemate or User (which shall include any ratings or reviews) (Contribution).
The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole. We will determine, in our sole and absolute discretion, whether a Contribution breaches the Content Standards.
A Contribution must:
5.4.1 be true and accurate (where it states facts);
5.4.2 be genuinely held (where it states opinions); and
5.4.3 comply with the law applicable in England and Wales and in any country from which it is posted.
A Contribution must not:
5.4.4 be defamatory of any person;
5.4.5 be obscene, offensive, hateful or inflammatory;
5.4.6 bully, insult, intimidate or humiliate;
5.4.7 include any content or materials relating to any person under the age of 18;
5.4.8 promote violence;
5.4.9 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
5.4.10 infringe any copyright, database right or trade mark of any other person;
5.4.11 be likely to deceive any person;
5.4.12 breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
5.4.13 promote any illegal activity;
5.4.14 be in contempt of court;
5.4.15 be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
5.4.16 be likely to harass, upset, embarrass, alarm or annoy any other person;
5.4.17 impersonate any person, or misrepresent your identity or affiliation with any person;
5.4.18 be likely to cause harm in any way to any other person;
5.4.19 give the impression that the Contribution emanates from Hapipod, if this is not the case;
5.4.20 advocate, promote or incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse; or
5.4.21 contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
5.5 Contributions not moderated. Any Contributions or content created by any User which are uploaded to or are otherwise available through the Services are not reviewed or moderated by us. We accept no responsibility or liability in respect of such Contributions or content and have not verified, moderated or approved such Contributions or content.
5.6 Complaints, ratings and reviews. Depending on whether you have a valid, registered Account and the level of your subscription, you may have the ability through the platform to leave ratings and reviews in relation to other Users. Such ratings and reviews must comply with the Content Standards. If you have any concerns or would like to raise any complaints or issues with any ratings, reviews or other Contributions to the platform made by another User, please contact us at support@hapipod.com. However, please note that Hapipod accepts no responsibility or obligation whatsoever to investigate, verify or otherwise deal in any manner with such complaint and any actions taken will be at the sole and absolute discretion of Hapipod.
6. OUR SERVICES
6.1 Our services. We provide a technology platform to assist Users, Hosts and Homemates to connect with each other with a view to reaching mutually beneficial arrangements. The Services include:
6.1.1 our website;
6.1.2 our technology platform;
6.1.3 the User Features;
6.1.4 the Registered User Features (subject to you holding a valid and registered Account);
6.1.5 the Account Holder Features (subject to you holding a valid and registered Account and having undertaken and completed an identification verification and background check in accordance with clause 4.2);
6.1.6 the Subscription Features (subject to you holding a valid subscription);
6.1.7 the Silver Subscription Features (subject to you holding a valid subscription); and
6.1.8 the Gold Subscription Features (subject to you holding a valid Gold Subscription).
For the avoidance of doubt:
our Services are limited to the operation and maintenance of a platform for Hosts and Homemates to connect with a view to reaching mutually beneficial arrangements as between one another;
our Services facilitate such connection only;
we do not ourselves hold out to be a Host or a Homemate and any mutually beneficial engagement, commitment or arrangement to be agreed between any of our Users following a connection facilitated by the Hapipod platform is strictly for negotiation and agreement as between those respective parties alone (subject to any professional advice the parties wish to seek);
Hapipod is not a party to and shall have no responsibilities, obligations or liability in respect of any private, mutually beneficial engagement, commitment or arrangement as between Users following the facilitation of a connection between such Users through the Hapipod platform;
if you have access to the Homeshare Contract Template through your subscription, you acknowledge and accept that such template contract is for guidance purposes only;
the Homeshare Contract Template will not necessarily be fit for the purposes intended to be covered in any private, mutually beneficial engagement, commitment or arrangement as between Users (the terms of each engagement, commitment or arrangement will be particular and specific to the parties);
if using the Homeshare Contract Template, you should ensure that the same is amended and adapted to cover the agreed terms of your engagement, commitment or arrangement and it is strongly recommended that you seek independent legal advice in relation to any engagement, commitment or arrangement (whether written or oral) that you may agree to enter into.
6.2 Hapipod platform features. Certain features of our platform are only available to valid and registered Account Holders or to Subscribers. No features which are intended only for valid and registered Account Holders or Subscribers should be used unless under a valid and registered account and/or subscription (as applicable) and if no valid and registered account and/or subscription (as applicable) exists, then you may be charged separately for your use of such features in our sole and absolute discretion provided such charges shall be reasonable and proportionate to the level of unauthorised use.
6.3 Registered User Features. You are not authorised to use any of the Registered User Features unless you are the holder of a valid and registered Account. Any unauthorised use will be subject to clause 6.2 and these terms.
6.4 Account Holder Features. You are not authorised to use any of the Account Holder Features unless you are the holder of a valid and registered Account and have undertaken and completed an identification verification and background check in accordance with clause 4.2. Any unauthorised use will be subject to clause 6.2 and these terms.
6.5 Subscription Features. You are not authorised to use any of the Subscription Features unless you are the holder of a valid subscription. Any unauthorised use will be subject to clause 6.2 and these terms.
6.6 Silver Subscription Features. You are not authorised to use any of the Silver Subscription Features unless you are the holder of a valid Silver Subscription. Any unauthorised use will be subject to clause 6.2 and these terms.
6.7 Gold Subscription Features. You are not authorised to use any of the Gold Subscription Features unless you are the holder of a valid Gold Subscription. Any unauthorised use will be subject to clause 6.2 and these terms.
6.8 Hosting services. You acknowledge that we do not ourselves provide or offer any accommodation or hosting services of any kind. Our Services are limited solely to the use of the Hapipod technology platform and it is acknowledged that no Host shall be or shall be deemed to be employed by us (or any of our affiliates), to be an agent of us (or any of our affiliates) or to work for us (or any of our affiliates), in any capacity.
6.9 Homemate services. You acknowledge that we do not ourselves provide or offer any companionship or assistance of any kind to Hosts as may be agreed directly between a Host and a Homemate. Our Services are limited solely to the use of the Hapipod technology platform and it is acknowledged that no Homemate shall be or shall be deemed to be employed by us (or any of our affiliates), to be an agent of us (or any of our affiliates) or to work for us (or any of our affiliates), in any capacity.
6.10 Locations. Our Services are available in most jurisdictions and states. However, we do not represent that content available on or through our Services is appropriate for use in locations outside of the UK and any use of our Services outside of the UK is subject to the local, national or international laws or regulations subsisting from time to time in the jurisdiction or state in which they are being used and such laws and regulations must be complied with.
7. USE OF SERVICES
7.1 Your liability. You will be solely liable and accountable to us and any local authorities, law enforcement bodies or any other competent authority for all matters taking place in respect of, and relating to, your Account and your use of the Services.
7.2 Use of Account. You may only use your Account to carry out the acceptable uses in accordance with our Acceptable Use Policy set out in clause 5. You may not use your Account for any other purpose.
8. PROVIDING THE SERVICES
8.1 When the Services will be provided. The Services will be provided instantaneously (so far as is possible). For the avoidance of doubt, this relates solely to the Services provided directly through the Hapipod technology platform and does not relate to any mutually beneficial engagement, commitment or arrangement as may be agreed between a Host and a Homemate.
8.2 We are not responsible for delays outside our control. If the supply of the Services is delayed by an event outside our control, we will not be liable for delays caused by the event.
8.3 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Services to you. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract, suspend or delete your Account, or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for the Services (or any part of them) not being supplied if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8.4 Users may vary slightly from their pictures. Any images of Users on our website are for illustrative purposes only and have been provided by the User themselves. We cannot guarantee that the images provide a true and current reflection of the User and any selected User may vary from those images.
8.5 User images and information not to be relied upon. Whilst we endeavour to provide comfort to Users by ensuring that all Account Holders undergo identification verification and background checks, we are not responsible for, and will not be held liable in relation to, any images, information, content, Contributions, or communications uploaded or made by any User (User Generated Content). We cannot guarantee that any User Generated Content is true, accurate and not misleading and all Users should adopt a cautious approach and make their own further checks and enquiries wherever deemed necessary.
8.6 Reasons we may suspend the supply of Services to you. We may have to suspend the supply of Services to:
8.6.1 deal with technical problems or make minor technical changes;
8.6.2 update the Services to reflect changes in relevant laws and regulatory requirements;
8.6.3 make changes to the Services.
8.7 We may suspend supply of the Services if you do not pay. If you do not pay us for the Services when you are supposed to, we may suspend supply of the Services until you have paid us any outstanding amounts.
9. NOTIFICATIONS AND REMINDERS
9.1 Notifications and Reminders. As part of the Services, we may send you notifications and reminders by SMS text message, WhatsApp or by email.
9.2 Your responsibility. If you elect not to receive notifications and reminders, it is your responsibility to ensure that you are aware of any commitments, events or engagements you may have. It is highly recommended that you log in to your Account on a regular basis to ensure that you are aware of any upcoming commitments, events or engagements.
10. OUR CONTRACT WITH YOU
If you are a User:
10.1 Not a Host or Homemate. For the purposes of these terms, we are not a Host or Homemate and will not ourselves engage (or be deemed to engage) any User directly in the capacity of a Host or Homemate.
10.2 Contract subject to these terms. You agree that you will adhere to these terms in all respects and at all times and, as and when any legally binding contract arises as between you and us, such contract shall always be subject to these terms.
If you are an Account Holder or Subscriber:
10.3 Subscription. In order to subscribe to the Services you must create an Account and must enter into a subscription for the use of our Services.
10.4 How we will accept a subscription. Following your confirmation to us that you wish to enter into a subscription for the use of our Services, we will send you a confirmation by way of acceptance by email, at which point a contract will come into existence between you and us. No subscription shall be (or shall be deemed to be) a valid subscription unless or until all payments and charges relating to such subscription are fully paid and up-to-date.
10.5 If we cannot accept a subscription. If we are unable to accept a subscription, we will inform you of this. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error or because we have identified an issue with you or your Account. Acceptance of subscriptions will always remain at our sole and absolute discretion and we fully reserve all rights to refuse subscriptions for whatever reason.
10.6 Contract subject to these terms. You agree that you will adhere to these terms in all respects and at all times and, as and when any legally binding contract arises as between you and us, such contract shall always be subject to these terms.
10.7 Third party providers. When you create an Account or subscribe to our services, you will have to use certain third party providers to carry out identification verification and background checks (we use Yoti for these checks) and to make payment of any Charges due (we use Stripe to process payments). We are not party to your direct engagement with any of these third party providers and you acknowledge and accept that your engagement with such third party providers will be subject to the terms and conditions of such third party providers (which should should read very carefully before engaging). If you have any issues with Yoti, Stripe or any other third party provider that you have engaged with through the Services, you must contact such provider directly. We are not responsible for any issues or complications which may arise as between you and a third party provider as these are beyond our control.
10.8 Third party terms. When you enter into an engagement with any third party provider through the Services, you must ensure that you are comfortable with the terms of the third party provider as your engagement with them will be subject to the third party provider’s terms (and not these terms). You acknowledge and accept that it is your responsibility to ensure that you understand and are comfortable with any third party provider terms before engaging with such third party provider.
11. MUTUALLY BENEFICIAL ARRANGEMENTS BETWEEN A HOST AND A HOMEMATE
11.1 Hapipod not party. Any mutually beneficial engagement, commitment or arrangement entered into between a Host and a Homemate is solely a matter for agreement and determination as between such Host and Homemate. Hapipod shall not be a party to any such engagement, commitment or arrangement and shall have no obligations, responsibilities or liability to any party in relation to any such engagement, commitment or arrangement.
11.2 Legal obligations. Whether you are a Host or a Homemate, you acknowledge that any mutually beneficial engagement, commitment or arrangement (whether such engagement, commitment or arrangement is written or oral) as may be agreed between yourself and another Host/Homemate (as applicable) may give rise to legally binding obligations, responsibilities and liabilities which you must fulfil (Your Legal Obligations). Hapipod shall not be a party to, and shall have no obligations, responsibilities or liability in relation to, any of Your Legal Obligations.
11.3 Independent legal advice. Whether you are a Host or a Homemate, it is strongly recommended that you seek your own independent legal advice in relation to any mutually beneficial engagement, commitment or arrangement that you may reach or enter into with another Host/Homemate (as applicable).
11.4 Independent tax advice. Whether you are a Host or a Homemate, it is strongly recommended that you seek your own independent tax advice in relation to any mutually beneficial engagement, commitment or arrangement that you may reach or enter into with another Host/Homemate (as applicable).
11.5 Homeshare Contract Template. You may have access through your subscription to the Homeshare Contract Template (worth £60) which can be used as a starting point to formally document any private, mutually beneficial engagement, commitment or arrangement which may be agreed as between you and another User. In relation to the Homeshare Contract Template:
11.5.1 you acknowledge that such template is for guidance purposes only and will require amendment and adaptation to adequately provide for and give effect to the particular and specific terms which may have been agreed as between you and another User;
11.5.2 you acknowledge that such template may not be fit for your purposes and may not be adequate or appropriate for, or reliable in respect of, your particular needs or the particular and specific terms as may have been agreed between you and another User;
11.5.3 you acknowledge that the template in the form provided to you is not to be relied upon or considered to be legally binding in respect of your particular and specific needs;
11.5.4 Hapipod is not (and will not be) party to any such contract;
11.5.5 any terms negotiated as between you and another User are strictly between yourself and such other User; and
11.5.6 you acknowledge that you should seek your own independent legal and tax advice in relation to any contract, engagement, commitment or arrangement which you may enter into with another User so that you are fully aware and informed as to the potential implications of any such contract, engagement, commitment or arrangement and as to any obligations or liability thereunder.12.
12. NO PARTNERSHIP, AGENCY OR EMPLOYMENT
12.1 No employment or worker relationship. We are not an employer of Hosts or Homemates. Nothing in these terms is intended to, or shall be deemed to, establish or give rise to any relationship of employment or worker as between us (as employer) and any Host or Homemate (as employee or worker) and no Host or Homemate shall be deemed to be employed by us or to work for us.
12.2 No partnership or agency. Nothing in these terms is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party except as expressly provided in these terms. Each party confirms it is acting on its own behalf and not for the benefit of any other person.
13. YOUR WARRANTIES
13.1 Warranties. You warrant that:
13.1.1 You will only use our Services for lawful purposes;
13.1.2 You will not breach these terms in whole or in part in any manner whatsoever;
13.1.3 You are over the age of 18 years old and are of legal adult age as defined by the laws of the UK;
13.1.4 You will not abuse the Services in any manner whatsoever and will at all times maintain the expected standards of behaviour of a reasonable person;
13.1.5 You are accessing our Services from a country or state where it is not illegal to enter our Services or any services of a similar nature;
13.1.6 You will not permit any minor, or other person for who it is illegal, to see materials that exist within our Services;
13.1.7 All information, details, content and materials provided by you to us or uploaded onto our Services (including on registration of your Account), are true, accurate and up to date in all respects and at all times and no images or videos uploaded are misleading in any respect; and
13.1.8 You will comply at all times with these terms and with the Hapipod Code of Conduct.
14. OUR RIGHTS TO MAKE CHANGES
14.1 We may make changes to these terms. We may amend these terms from time to time. Every time you wish to use our Services, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 19 March 2021.
14.2 We may make changes to our Services. We may update and change our Services from time to time to reflect changes to our Services, our users' needs and our business priorities.
14.3 We may suspend or withdraw our Services. We do not guarantee that our Services, or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Services for business and operational reasons.
15. SUBSCRIPTIONS
15.1 Subscription. You may subscribe to our Services through our website. You acknowledge and agree that you may be charged in relation to any subscription that you enter into and such charges shall be non-refundable once paid.
15.2 Subscription Features. The Subscription Features are only available to valid subscription holders. No Subscription Features should be used unless under a valid subscription and Subscribers must not offer any Subscription Features to any person, or use any Subscription Features for the benefit of any person, unless in accordance with the terms of their subscription. If no valid subscription exists then you may be charged for your use of the Subscription Features in our sole and absolute discretion provided such charges shall be reasonable and proportionate to the level of unauthorised use.
15.3 Subscription packages. The platform is currently offering the following subscription packages to those who wish to subscribe and access the Subscription Features:
15.3.1 Bronze subscription. The bronze subscription package (Bronze Subscription) operates on a monthly basis. You will be charged a non-refundable, one-off, up-front fee which will allow you access to the Subscription Features for a period not exceeding one month from the date of subscription. Charges in section 16 on page 22 will apply (please see below price and payment for services section for further information);
15.3.2 Silver subscription. The silver subscription package (Silver Subscription) operates on the basis of a 3-month period. You will be charged a non-refundable, one-off, up-front fee which will allow you access to the Subscription Features for a period not exceeding three months from the date of subscription. Charges in section 16 on page 22 will apply (please see below price and payment for services section for further information); or
15.3.3 Gold subscription. The gold subscription package (Gold Subscription) operates on a yearly basis. You will be charged a non-refundable, one-off, up-front fee which will allow you access to the Subscription Features for a period not exceeding one year from the date of subscription. Charges in section 16 on page 22 will apply (please see below price and payment for services section for further information).
15.4 Silver Subscription Features. In addition to access to all Subscription Features, Subscribers to the Silver Subscription package will have access to the additional Silver Subscription Features. Such features will not be available to any Users other than those holding a valid Silver (or Gold) Subscription and no Users other than those holding a valid Silver (or Gold) Subscription shall be authorised to use such features.
15.5 Gold Subscription Features. In addition to access to all Subscription Features, Subscribers to the Gold Subscription package will have access to the additional Gold Subscription Features. Such features will not be available to any Users other than those holding a valid Gold Subscription and no Users other than those holding a valid Gold Subscription shall be authorised to use such features.
15.6 Termination or suspension of subscription. Hapipod fully reserves the right at its sole and absolute discretion to terminate or suspend the Account or subscription of any User at any time if, in the reasonable opinion of Hapipod, such User has breached these terms (or any one of them).
15.7 If your subscription terminates or is suspended for whatever reason. If your subscription is suspended or terminated for whatever reason:
15.7.1 you may immediately lose access to your Account and/or all Subscription Features and any data or other information stored on our Services;
15.7.2 we may, at our sole and absolute discretion, delete, remove or otherwise deal with your Account and/or all of your data or other information stored on our Services; and
15.7.3 you will not be entitled to a refund in respect of any subscription charges paid.
16. PRICE AND PAYMENT FOR SERVICES
16.1 Identification Verification Charge. If you create an Account with us, you will be charged a non-refundable, one-off, up-front fee for us to conduct an identification verification and background check against you through our third party provider, Yoti (Identification Verification Charge). As of the date on which these terms were most recently updated, this Identification Verification Charge will be £20 (please note this charge is subject to change and may be higher on the date upon which the identification verification and background check is carried out, please see clause 16.11 for what happens if we discover an error in the price advised to you).
16.2 Subscriptions. We charge for subscriptions to our Services to enable full access to our Subscription Features. You understand that use of the Services may result in charges to you (Subscription Charges). If you are a subscribing to the Services you will be provided with options for your subscription through the Services which will set out the applicable Subscription Charges in relation to your chosen subscription package. You understand that by subscribing to the Services you will have an obligation to make payment of the Subscription Charges set out to you when confirming your subscription.
16.3 Where to find our subscription prices. The price of subscription will be the price indicated on the Services on the date that you subscribe. We use our best efforts to ensure that the price of subscription advised to you is correct. However, please see clause 16.11 for what happens if we discover an error in the price of subscription offered to you. As of the date on which these terms were most recently updated, our Subscription Charges are as follows:
16.3.1 Bronze Subscription (1 month) - £45
16.3.2 Silver Subscription (3 months) - £75
16.3.3 Gold Subscription (1 year) - £120
16.4 Payment of Subscription Charges. All Subscription Charges must be paid up-front and no subscription will be validated until the applicable Subscription Charges have been paid in full and cleared funds. All Subscription Charges are non-refundable.
16.5 When you must pay and how you must pay. We use Stripe for processing payments. You will be prompted to input your billing information through the Stripe customer portal (https://stripe.com/docs/billing/subscriptions/customer-portal). This portal is controlled and owned by Stripe and payments will be taken in full on an up-front basis. We cannot accept any responsibility or liability in relation to any issues arising from or in connection with the Stripe customer portal. If you encounter any problems, please let us know at the earliest possible opportunity by contacting us at support@hapipod.com.
16.6 Right to remove or revise Charges. We reserve the right to establish, withhold, remove and/or revise our Charges at any time in our sole and absolute discretion. You will be responsible for any Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.
16.7 All Charges to be paid in advance. All Charges must be paid up-front, in advance and on demand.
16.8 Charges are non-refundable. Subject to clause 19.2, all Charges are non-refundable save at the sole and absolute discretion of Hapipod.
16.9 We will pass on changes in the rate of VAT. If the rate of VAT changes and VAT is applicable, we will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
16.10 Tax. You are responsible for making payment of all and any tax charges and national insurance contributions incurred or arising out of your use of the Services including (but not limited to) any tax charges and national insurance contributions associated with the Charges. We are not responsible in any manner whatsoever for the payment of any such tax charges or national insurance contributions.
16.11 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the subscription options or the Identification Verification Charge may be incorrectly priced. We will normally check prices before accepting subscriptions or carrying out identification verification and background checks so that:
16.11.1 where the correct price for the subscription on the date of subscription is less than our stated price on the date of subscription; or
16.11.2 where the correct price for the Identification Verification Charge on the date of the check is less than our stated price on the date of the check,
we will charge the lower amount.
However, if:
16.11.3 the correct price for the subscription on the date of subscription is higher than the price stated; or
16.11.4 the correct price for the Identification Verification Charge on the date of the check is higher than the price stated,
we will contact you for your instructions before we accept your subscription or carry out the identification verification and background check. If we accept and process a subscription or identification verification and background check where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and cancel the subscription and/or render additional Charges to cover any losses we may incur. In this event, there shall be no obligation to render any Services.
16.12 Payments between Users. We are not party to, responsible for, and we carry not obligations or liability in relation to, any payments to be made or agreed to be made as between Users pursuant to any mutually beneficial engagement, commitment or arrangement as may be agreed from time to time as between the respective Users.
17. LOCATIONS AND HOST PROPERTIES
17.1 No reliance on location data. Our data relating to the locations of Users and Host Properties are reliant on the information provided to us by our Users over which we do not have control. As such, these locations are strictly provided for guidance and illustrative purposes only and we make no representations, warranties or guarantees, whether express or implied, that the locations are accurate, complete, up to date or suitable for you or for your needs.
17.2 No reliance on property descriptions or images. All information and images relating to Host Properties are provided to us by our Users over which we do not have control. As such, this information and these images are provided for guidance and information purposes only. We make no representations, warranties or guarantees, whether express or implied, that the information provided or images displayed are accurate, complete, up to date or suitable.
18. YOUR RIGHTS TO END THE CONTRACT
18.1 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out in this clause below, the contract will end immediately:
18.1.1 we have told you about an upcoming change to the Services or these terms which you do not agree to;
18.1.2 we have told you about an error in the price or description of the Services and you do not wish to proceed;
18.1.3 we have indefinitely suspended supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons; or
18.1.4 you have a legal right to end the contract because of something we have done wrong.
18.2 Exercising your right to change your mind. You may exercise your right to change your mind and cancel any subscription in accordance with clause 19.
19. CANCELLATION (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
19.1 Tell us you want to end the contract. To end the contract with us and cancel any subscriptions you have, please let us know by sending us an email to support@hapipod.com quoting your name and/or account number. You may cancel your subscription at any time and such subscriptions will be cancelled prior to any further Charges falling due (save that any Charges relating to the period up to the date of cancellation may still be charged).
19.2 When you may be entitled to a refund. You will only be entitled to a refund of any payments made to us in the event that such payments relate to a period in which the Services were substantially unavailable as a direct result of our actions or inactions. You will not be entitled to a refund in relation to any period in which the Services are substantially available. For the avoidance of any doubt, any Identification Verification Charges shall not be refundable under any circumstances.
19.3 How we will refund you. If you are entitled to a refund, we will refund you the sum due to you in accordance with these terms by the method you used for payment.
19.4 When your refund will be made. We will make any refunds due to you as soon as possible and no later than 30 days after the refund has fallen due.
19.5 Costs and expenses. We will not be liable to you for any costs or expenses incurred by you in respect of or in relation to our Services. Any costs or expenses incurred are incurred at your own risk and shall not be recoverable from us.
19.6 Right to cancel . If you have signed up for our services as a consumer you also have the statutory right to cancel your contract with us within 14 days of signing up for this service without any reason and, if you have not started using the Services within this period, you will be entitled to a refund for any payments that you have made. If you would like to exercise this right please let us know within this 14 day period by sending us an email to support@hapipod.com quoting your name and/or account number.
20. OUR RIGHTS TO END THE CONTRACT
20.1 We may end the contract if you break it. We may end the contract at any time if:
20.1.1 you do not make any payment to us when it is due;
20.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services;
20.1.3 you breach these terms or any of the warranties set out in clause 13 are or become untrue, inaccurate or misleading.
20.2 Our discretion. Notwithstanding any other clause of these terms, we may end the contract at any time without cause if deemed appropriate in our sole and absolute discretion.
20.3 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 20.1, we may charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
21. IF THERE IS A PROBLEM WITH THE SERVICES
21.1 How to tell us about problems. If you have any questions or complaints about the Services, please contact us by emailing us at support@hapipod.com.
22. LIMITATION OF LIABILITY AND INDEMNITY
22.1 Disclaimers.
22.1.1 the Services are provided “as is” and “as available” and we disclaim all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Services or any services requested through the use of the Services, or that the Services will be uninterrupted or error-free. We do not guarantee the quality, suitability, safety or ability of any User and you agree that the entire risk arising out of your use of the Services, remains solely with you, to the maximum extent permitted under applicable law. We do not have any responsibility or liability related to any engagement, commitment or arrangement as may be agreed privately between our Users following a connection made through the Hapipod platform;
22.1.2 we do not make any representations or warranties, express, implied or statutory in relation to the accuracy of any information available through our Services including any materials, content or information which may be reliant on third-party software or any Contributions made by our Users which are outside of our control and we accept no responsibility or liability in respect of the same;
22.1.3 we do not make any representations or warranties, express, implied or statutory in relation to:
22.1.3.1 the information requested or processes undertaken by any third party provider; or
22.1.3.2 the reliability, safety or accuracy of any checks carried out or processes undertaken by any third party provider,
which we may use, or request you to use, as part of the Services including (but not limited to) Stripe and Yoti and we accept no responsibility or liability in respect of the same;
22.1.4 we do not make any representations or warranties, express, implied or statutory in relation to the suitability or safety of any User (or for any User) to enter into an engagement, commitment, agreement or arrangement (whether written or Oral) with any other User and we accept no responsibility or liability in respect of the same;
22.1.5 we do not make any representations or warranties, express, implied or statutory in relation to the suitability or legality of the terms of any engagement, commitment, agreement or arrangement (whether written or Oral) as may be entered into as between Users of the Services. We are not party to any such engagement, commitment, agreement or arrangement and we accept no responsibility or liability in respect of the same;
22.1.6 we are not responsible for and do not moderate in any way any Contributions to the Hapipod platform (including any ratings, reviews, information, images or other content or materials uploaded by our Users) and we do not make any representations or warranties, express, implied or statutory in relation to the accuracy or reliability of such Contributions and we accept no responsibility or liability in respect of the same;
22.1.7 locations are strictly provided for guidance and illustrative purposes only and we make no representations, warranties or guarantees, whether express or implied, that any locations are accurate, complete, up to date or suitable for you or for your needs; and
22.1.8 in relation to the Homeshare Contract Template, we do not make any representations, guarantees or warranties, express, implied or statutory:
22.1.8.1 that such template will be adequate, appropriate or otherwise fit in any way for your purposes or for the purposes of any privately agreed engagement, commitment, contract or arrangement as between you and another User. The template is for guidance purposes only;
22.1.8.2 as to the legal effect of such template;
22.1.8.3 as to any rights, obligations or liabilities which may arise in relation to any party under such template; or
22.1.8.4 that such template may be relied upon or deemed to be legally binding to any extent in relation to any privately agreed engagement, commitment, contract or arrangement as may be agreed between you and another User,
and we accept no responsibility or liability in respect of the same.
22.2 No representations outside the UK. We make no representations that the content of our Services is appropriate in locations outside of the UK. Any users accessing our Services from outside of the UK shall be doing so at their own risk and shall be personally responsible for compliance with their respective domestic laws.
22.3 Our liability. We shall not be liable for any indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Services and we shall not be liable for any damages, liability or losses arising out of:
22.3.1 your use of or reliance on the Services or your inability to access or use the Services;
22.3.2 any engagement, commitment, transaction, arrangement or relationship between any of our Users to which we are not a party; or
22.3.3 your use of, or engagement with, any of the third party providers used by us (or which we request you to use) as part of the Services including (but not limited to) Stripe and Yoti.
22.4 Further limitation on liability. To the fullest extent permitted by applicable law, we will not be liable to you in any way (whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence) misrepresentation, breach of statutory duty, restitution or otherwise) for:
22.4.1 any theft, damage to or loss of your or any other person's property in connection with the Services or any services provided pursuant or ancillary to the Services;
22.4.2 any subscription to the Services that has not been accepted;
22.4.3 any loss, damage, costs, expenses or liability suffered by anyone other than you in connection with your use of the Services;
22.4.4 any losses that could not reasonably be expected to result from our negligence or breach of these terms; or
22.4.5 any other loss, damage, costs, expenses or liability that you suffer in connection with the Services, save to the extent that we fail to perform our obligations to you to the standard of a diligent and professional provider of the relevant services.
22.5 Limit. In no event shall our total liability to you in connection with the Services exceed the greater of:
22.5.1 the total Subscription Charges paid to us by you; or
22.5.2 £100.
22.6 No limitation where unlawful. Notwithstanding the above, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
22.7 Indemnity. You agree to indemnify and hold us and our officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including legal fees) arising out of or in connection with:
22.7.1 your use of the Services;
22.7.2 your breach of any of these terms; and
22.7.3 your violation of the rights of any third party.
23. HOW WE MAY USE YOUR PERSONAL INFORMATION
How we may use your personal information. We will only use your personal information and cookies as set out in our Privacy Policy and our Cookie Policy respectively.
24. OTHER IMPORTANT TERMS
24.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
24.2 You cannot transfer your rights to someone else. You may not transfer your rights or your obligations under these terms to another person.
24.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
24.4 If a court finds part of these terms illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
24.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
24.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed exclusively by English law and you can bring legal proceedings in respect of the Services exclusively in the English courts.
SCHEDULE 1
Hapipod Code of Conduct
Hapipod Code of Conduct
Respect the Aims of the Site. This is a matching site for intergenerational Hosts and Homemates to find compatible living partners. It is NOT a dating site and must not be treated as such. Please refrain from asking any inappropriate questions beyond what would be expected in interviews for homesharers.
Be Civil and Courteous. Everyone on the site is here to try and find someone compatible to live with to enhance their lives and benefit others. Please treat everyone with the respect they deserve.
No Hate Speech or Bullying. No-one wants to be demeaned or be made to feel bad. Please refrain from insulting anyone's personal traits or preferences, even if they are very different from yours. Please also refrain from making libellous or threatening comments. This will not be tolerated.
Respect Everyone's Privacy. Trust is all important. People want to express themselves freely, and open debate particularly in the community groups is encouraged. But everyone should feel confident that nothing will be shared beyond the internal messaging system or private community groups.
No Coercive Behaviour. If someone does not wish to reveal more of their personal details, or their contact details beyond the site please refrain from trying to persuade them.
No Seeking Help. Please do not use this site to solicit financial or other assistance of any kind beyond the specifications of the living arrangement, as detailed in the Benefits section.
No spam or promotions. This is not a space for self-promotion, and irrelevant links are not allowed.