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TERMS OF SERVICE

Last updated: 03/12/2020

Refer to 2.1 if you are a Landlord and want to read your Specific Terms.

Refer to 2.2 if you are a Current Tenant and want to read your Specific Terms.

  1. Introduction

The owner of the Wafflat brand is Techdrobe Ltd., registered in the UK, Company number 12485262. Everything that refers to Wafflat in the context of these Terms of Service, all the related materials and activities related to Wafflat’s service are exclusively owned by Techdrobe Ltd.

Welcome to Wafflat (“Company”, “we”, “our”, “us”)!

These Terms constitute a legally binding agreement (“Agreement”) between you and Wafflat (as defined below) governing your access to and use of the Wafflat website, including any subdomains thereof, and any other websites through which Wafflat makes its services available (collectively, “Site”), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application”) and all associated services (collectively, “Wafflat Services”, “Service”). The Site, Application and Wafflat Services together are hereinafter collectively referred to as the “Wafflat Platform”.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it here https://wafflat.com/privacy-policy.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). By using the Wafflat Platform, you acknowledge that you have read and understood the Agreements and agree to be bound of them.

If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at [email protected] so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.

Thank you for being responsible.

  1. Scope of Wafflat Platform

The Wafflat Platform is an online marketplace that enables users to register as Landlord (“Landlord”) or Current Tenant (“Current Tenant”), while users that do not fall into this categories are classified as User (“User”). The Specific Terms for each type of user mentioned before (Landlord, Current Tenant and User) are described in sections 2.1, 2.2 and 2.3, respectively.

Landlord is defined as a person or a legal entity who owns the legal right to let the property that is going to be associated with their name.

Current Tenant is defined as a person who currently lives at the property that is associated with a specific Landlord.

User is defined as a person who uses the Wafflat Platform to search for a property to rent.

We have the right to verify if a property uploaded on our platform exists and is in accordance with the information provided by the Landlord and the Current Tenant.

2.1 Landlord Specific Terms

In order to access and use the Wafflat Platform or register a Wafflat Account the Landlord must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are registered and able to enter into legally binding contracts.

You must register an account (“Wafflat Account”) to access and user certain features of the Wafflat Platform, such as having your property published on our website. If you are registering a Wafflat Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

You must register a Wafflat Account using your email address, telephone number, property address, your Current Tenant’s name and creating a password.

You must provide accurate, current and complete information during the registration process and keep your profile page information up-to-date at all times.

When you register a Wafflat Account as a Landlord, you become responsible for and legally bound to the following conditions and actions:

  • You will provide us with accurate information regarding your property, as enquired. This includes, but it’s not limited to monthly or weekly rent to be outlined on our website, any strict house rules or safety certificates, etc.
  • After your Current Tenant registers an account, we will send you a Tenancy Agreement template that you can modify and fill in. You are required to send us the Tenancy Agreement that you would like your future tenant to sign. This Tenancy Agreement can either be created using the template we provide or any Tenancy Agreement you prefer. Please make sure that your bank account details where you’d like to Deposit to be transferred to is on this Tenancy Agreement.
  • You will allow your Current Tenant to receive visits from visitors of our Platform (User).
  • When a User decides to rent your property, we will send and collect the signed Tenancy Agreement from your new tenant.
  • After we have received the signed Tenancy Agreement from your new tenant, we will send them to you immediately.
  • After you received the deposit from the new tenant and the signed Tenancy Agreement from us, you’ll receive a link with an online payment form, which will require you to pay £60. The time limit to pay the required sum is 7 days from the time you received the new deposit and the new signed Tenancy Agreement. The £60 fee is required for each new tenant that your Current Tenant brings in.
  • From this sum, £40 will go to the current tenant that did the viewings and £20 will go to us.

All the payments will be performed and processed using Stripe, the leading online payment processor for internet businesses. This will ensure that all transactions are confidential and secure, electronic invoices being generated at each stage of the process.

Please note that you will not be required to pay for any of these services before the new tenancy agreement together with the required deposit are in your possession.

We take on the right to verify the existence of any property prior to its approval to be uploaded on our platform. This might mean meeting the current tenant at the property to verify their identity and the physical existence of the property advertised.

You are responsible for maintaining the confidentiality and security of your Wafflat Account credentials and may not disclose your credentials to any third party. You must immediately notify Wafflat if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Wafflat Account. You are liable for any and all activities conducted through your Wafflat Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).

2.2 Current Tenant Specific Terms

In order to access and use a Wafflat Account as a Current Tenant, the Current Tenant must be living at the property outlined by the specific Landlord. Therefore, to use a Wafflat Account as a Current Tenant, there has to be a connection between the Current Tenant and a Landlord.

The Landlord must be able to confirm the identity of the connected Current Tenant.

You must register an account (“Wafflat Account”) to access and user certain features of the Wafflat Platform, such as publishing a property on our website.

You must register a Wafflat Account using your email address, telephone number, property address, your Current Tenant’s name and creating a password.

You must provide accurate, current and complete information during the registration process and keep your profile page information up-to-date at all times.

When you register a Wafflat Account as a Current Tenant, you become responsible for and legally bound to the following conditions and actions:

  • You are responsible to fill in the “Availability for viewings” section under the “My Profile” tab on your Wafflat account. This section must be updated and accurate at all times, as the information in it will be used to outline available viewing slots on our website.
  • When someone books a viewing slot on our website, you will receive a call, an email and a text message to inform you about it. 
  • You must confirm your availability to satisfy each viewing booked by phone, email or text message in a timely manner (a few hours maximum).
  • If you receive a viewing request and cannot satisfy it, you must contact us immediately to solve this issue with the potential tenant and find the next available time slot.
  • You must ensure that you receive the viewings in a manner that ensures the safety and well-being of the visitor. Your responsibility is to give the visitor useful information about the property they are viewing. It is your sole responsibility to ensure your safety, the property’s safety and the visitor’s safety during viewings.
  • If a visitor that has seen the property you advertised decides to rent it, we will send them the Tenancy Agreement. After they have signed the Tenancy Agreement and sent the required deposit to your Landlord, the Landlord will be required to make an online payment through a secure link provided by us. After that payment is performed, we will transfer you £40 to a bank account that you specify.

The Landlord will be legally required to make the online payment specified and we are legally required to transfer the sum mentioned to your account.

We take on the right to verify the existence of any property prior to its approval to be uploaded on our platform. This might mean meeting the current tenant at the property to verify their identity and the physical existence of the property advertised.

You are responsible for maintaining the confidentiality and security of your Wafflat Account credentials and may not disclose your credentials to any third party. You must immediately notify Wafflat if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Wafflat Account. You are liable for any and all activities conducted through your Wafflat Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).

2.3 User Specific Terms

A User can see the properties advertised on our website and enquire viewings by completing the form within our interface.

If the User requests a viewing, the details introduced in the form will be used to contact the User and let the User know the property’s exact location and meeting point with the Current Tenant.

If the User cannot attend a viewing after booking a time slot, the User must let us know by sending an email at [email protected] in order for us to amend the situation.

If the User decides to rent a property on our website, they must press the “Decided to rent? Press here to rent now” button and complete the required form.

After completing the form, we will send the User an email containing the Tenancy Agreement contract that the User must sign in order to rent the property.

The Tenancy Agreement will contain the bank account to which the User must send the deposit. After the User sends us back the signed Tenancy Agreement and the deposit is received by the landlord, the User becomes the new renter of the property, as defined in the Tenancy Agreement.

  1. Communications

By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by emailing at [email protected]

  1. Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

  1. Fee Changes

Wafflat, in its sole discretion and at any time, may modify the fees for the Landlord or the properties’ rental price on our website.

If a Landlord has already entered this Agreement with us before the fee change, the Landlord will be charged the fee that was in place when they entered the Agreement. They will not be charged the new fee, unless they enter e new Agreement, in which this new fee will be clearly specified.

Every property’s rental price will be clearly specified in the Tenancy Agreement if a visitor decides to rent a property.

  1. Refunds

Except when required by law, paid fees are non-refundable. Keep in mind that the fees are paid by the Landlord after the property becomes rented, i.e. the Tenancy Agreement is signed and the deposit is sent to the Landlord.

  1. Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.

By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.

Wafflat has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of Wafflat or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

We may, at times, receive content and data from landlords via another channel, information which we advertise on the platform. We cannot guarantee the accuracy of this data and we shall not be held responsible for any information mismatch.

  1. Prohibited Uses

You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

  • In any way that violates any applicable national or international law or regulation.
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
  • In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

Additionally, you agree not to:

  • Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
  • Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
  • Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of Service.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
  • Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
  • Take any action that may damage or falsify Company rating.
  • Otherwise attempt to interfere with the proper working of Service.
  1. No Use By Minors

Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of Company, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.

  1. Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

  1. Intellectual Property

Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Wafflat and its licensors. Service is protected by copyright, trademark, and other laws of foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Wafflat.

  1. Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected], with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.

  1. DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • identification of the URL or other specific location on Service where the material that you claim is infringing is located;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  1. Error Reporting and Feedback

You may provide us directly at [email protected] with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

  1. Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Wafflat.

Wafflat has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT Wafflat SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

  1. Disclaimer Of Warranty

THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Limitation Of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  1. Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using Service.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  1. Governing Law

These Terms shall be governed and construed in accordance with the laws of United Kingdom without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

  1. Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

  1. Amendments To Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

  1. Waiver And Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

  1. Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

  1. Contact Us

Please send your feedback, comments, requests for technical support:

By email: [email protected]

By visiting this page on our website: https://wafflat.com/.

By phone number: +447936684294.