Last updated: 24th May 2018
Please read these terms and conditions (Terms of Service) carefully before you use the Platform. These Terms of Service tell you who we are, how we will provide products to you, how you and we may change or end our agreement, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms of Service or require any changes to these Terms of Service, please contact us to discuss at: firstname.lastname@example.org.
Summary of Key Terms
This summary uses terms which are capitalised and therefore have a specific definition. These definitions can be found in section 3. Please see below for a summary of the key terms of these Terms of Service.
This mobile application is offered by hoffr, a trading name of Infinitive Apps Ltd, a company incorporated in England (company number: 08310433) with registered office at 244 Bluewater House, Smugglers Way, Wandsworth Town, London, SW18 1EA (hoffr, our, we).
These Terms of Service, together with all other hoffr Terms (as defined in section 3), govern the contractual relationship (Agreement) between Infinitive Apps Ltd and the person (User, you, your) using our Products and Services via our mobile application and/or linked services (together the Platform).
By accessing, using and/or registering to use the Platform you represent and warrant that you are: (i) over the age of 18 and are lawfully able to enter into the Agreement; (ii) you agree to be bound by the Agreement, including any updates from time to time; and (iii) you are in the United Kingdom.
We may make changes to these Terms of Service and will notify you if we do. Your use of the Platform is subject to the current Terms of Service at the time of use. Further details about Changes to these Terms of Service and Termination can be found in the appropriate sections below. Please contact us immediately if there is anything in these Terms of Service that you do not understand.
Our Platform has different products, features and offerings, so sometimes additional terms or product requirements may apply to your use of those products, features or offerings. For example, additional terms apply if you refer new users to hoffr. If additional terms are available for the relevant Products and Services you use, those additional terms become part of these Terms of Service.
The Platform is directed exclusively at individuals in relation to properties within the UK. We make no offer or promotion of products or services to any persons outside the United Kingdom or for any use for commercial purpose.
The Platform is explicitly not to be used for holiday lets or commercial (business) leases.
These Terms of Service and our correspondence with you will be communicated in the English language.
IF YOU ACCESS OR USE THE PLATFORM OUTSIDE THE UK, YOU DO SO AT YOUR OWN RISK AND IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOU ARE COMPLIANT WITH ANY APPLICABLE LOCAL LAWS.
PLEASE READ THIS AGREEMENT CAREFULLY, AND IN ITS ENTIRETY, BEFORE CREATING YOUR ACCOUNT AND USING THE PLATFORM.
It is a legal requirement for a Seller to have commissioned an EPC before marketing a Property. It is the Seller’s responsibility to ensure that they have a valid and up to date EPC in place before their Listing goes live. We accept no liability if a Seller fails to arrange an EPC in accordance with their legal obligations..
Account: means your account registered with hoffr.
Buyer: means a User who wishes to buy or rent a Property or rent a room in a Property.
Content: means text, graphics, images, music, software (excluding the Platform), audio, video, information or other materials, including User Content.
Fees: means the fees and charges for using the Products and Services on the Platform.
Listing: means a Property that is listed by a Seller as available via the Platform.
Offer: means a Buyer offering to purchase or rent a Property or rent a room in a Property.
Products and Services: means all and each of the products and/or services offered from time to time by hoffr on the Platform.
Profile: means the profile information on your Account with hoffr.
Property: means any property listed on the Platform for sale, letting or rent a room, or saved on your Account to be listed in future.
Published Rates: means hoffr fees and charges from time to time, as disclosed on the Platform.
Seller: means a User who wishes to sell or let a Property or let a room in a Property.
Social Media Content: means all content on your third party social media account which is linked to your Account with hoffr, as described in section 5.
Tax or Taxes: means any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, accommodation or lodging taxes, that Property providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
Transaction: means an Offer from the Buyer that has been accepted by a Seller on the Platform.
User: means any person with an Account on the Platform.
User Content: means all Content that a User posts, uploads, publishes, submits, transmits, or otherwise makes available to the Platform, including but not limited to Social Media Content and information included on your Profile or in a Listing.
hoffr operates a secure online marketplace for Users to interact to buy, sell, let and rent a property and let and rent a room in a Property. hoffr is a peer-to-peer platform intended for use by consumers only.
The Platform is available in mobile application format, from the Apple App store and the Google Play store.
Full details of our Products and Services and the Published Rates, are available within the mobile application.
HOFFR IS NOT AN ESTATE AGENT, IT IS NOT PARTY TO ANY TRANSACTION BETWEEN BUYERS AND SELLERS AND DOES NOT VERIFY OR GUARANTEE THE IDENTITY OR BACKGROUND OF USERS OF THE PLATFORM OR ANY PROPERTY LISTED. ACCORDINGLY, YOUR USE OF THE PLATFORM AND ANY TRANSACTIONS ARISING FROM YOUR USE OF THE PLATFORM ARE AT YOUR OWN RISK AND RESPONSIBILITY. HOFFR DOES NOT WARRANT THAT ANY USE OF THE PLATFORM FALLS WITHIN THE EXEMPTIONS FOR INTERNET PLATFORM AND PORTALS UNDER THE ESTATE AGENTS ACT 1979 (AS AMENDED).
You must register for an Account and create a Profile before using all the features of the Platform. You can explore the Platform and its general features and view Properties as a guest, however you must have an Account before you create a Listing (if you are a Seller) or make an Offer (if you are a Buyer). With an Account, you can be a Buyer or Seller or both.
By creating an Account and using the Platform you agree to abide by the hoffr Terms, including these Terms of Service.
You represent and warrant that you are 18 or older and are resident in the United Kingdom. Any access to or use of the Platform by anyone under 18 is expressly prohibited.
To the extent required and permitted by applicable laws, we will request sufficient information to identify a User, including for the purposes of complying with our obligations in relation to financial crime. You agree and authorize us to use your personal information, such as your full name and date of birth, for these purposes.
Information from You
We will request certain basic information to create your Profile, including:
This information may be gathered from your linked social media accounts (see Permission to Access Your Social Media section). Additional information may be requested from time to time, as shown in the mobile application.
You will also be asked to enable Location details as part of the Account registration process.
You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate and complete. hoffr reserves the right to suspend or terminate your Account and your access to the Platform if you create more than one (1) Profile, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not up-to-date, incomplete, or otherwise in violation of these Terms of Service.
You are responsible for safeguarding your Account login details and password. You must not disclose this information or allow any third party to access your Account, unless permitted by the Platform. The Platform may allow other Users to take certain actions associated with your Account, on your behalf and with your express authorization, such as having another connected person list a Property on your behalf or adding a family member to your account as an additional User. You have sole responsibility for such actions, whether or not authorized by you. You will immediately notify hoffr of any unauthorized use of your Account.
BY CREATING AN ACCOUNT AND USING THE PLATFORM, YOU CONFIRM THAT YOU ARE AGED 18 OR OVER AND ARE RESIDENT IN THE UNITED KINGDOM.
YOU ARE SOLELY RESPONSIBLE FOR THE USE OF YOUR ACCOUNT AND THE INFORMATION PROVIDED TO THE PLATFORM.
Sellers may create a Listing for their Property. There are three options: Sell My Property, Let My Property and Let A Room.
Our Fees for Listing a Property are shown on the Platform. You will be prompted to accept and agree to the Fees, via a confirmation button, prior to submitting a Listing.
Sellers will be asked for information relating to the Property being listed, including but not limited to address and location, price, size, number of bedrooms and availability. You will also be asked to include at least one image of the Property on the Listing. In order to be featured in Listings via the Platform, all Properties must have a valid physical address.
The Location (via Google Maps) of the Property will be available to other Users, however full address details will not be shown until an Offer from a Buyer has been made and accepted by a Seller, or on confirming an Open Home Event, or otherwise with consent from the relevant User.
Provided the Seller has not added the apartment, building or street number to the street name field of the address, Users cannot see the apartment, building or street number of the Property when they view Listings. If the apartment, building or street number of the Property is added to the street name field, these details will be visible to all Users. The Seller should ensure that they add the apartment, building or street number of the Property to the Apt/Building/Street number field if they do not want Users to see these details. hoffr is not responsible for any adverse consequences arising as a result of the Seller incorrectly completing the address fields, including but not limited to, the Seller adding the apartment, building or street number of the Property to the street name field of the address.
Listings will be available to other Users on the Platform. If you post a Listing it means that other Users can make Offers on your Property, which you may or may not choose to accept.
You understand thatthe placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, User preferences (both Buyer and Seller).
You may include requirements that must be met by Buyers in order to make an Offer for a Property, such as requiring Buyers to have a profile picture. More information on how to set such requirements is available via the “Listing” section of the Platform.
You may post a Listing for a Property for let, or a room for let, for up to three (3) months, after which it will be automatically removed from the Listed section of ‘Manage my properties’ and placed into the Unlisted section. You can remove a Listing at any time.
hoffr reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including but not limited to, Listings that we consider breach the hoffr Terms or are otherwise harmful to hoffr or the Platform.
You can manage your Listings via the “Manage My Listings” area of the Platform. Properties may be listed, de-listed or deleted by the Seller at any time. Properties which are de-listed or deleted are not shown as available for Offers from Buyers. Fees will apply if a Property or room tolet is de-listed or deleted and then re-listed by a Seller. You may specify that any Property and information on your Account remains in unlisted status for publication at a future date.
You alone are responsible for all your Listings and User Content. You represent and warrant that any Listing you post: (i) accurately represents the Property and is in no way misleading (including in relation to all images you post); (ii) will not breach any agreements or rights of any third parties, such as owners or tenants of the relevant Property;(iii) is made with the knowledge, consent and agreement of each and all of the legal owners and occupiers and those who have an interest in the marketing and/or sale of the Property;and (iv) will be in compliance with all applicable laws, rules and regulations.
hoffr assumes no responsibility for a Seller’s compliance with any agreements with or duties to third parties, or a Seller’s compliance with all applicable laws, rules and regulations. Please seek legal guidance about the usual sellers’ duty of disclosure in law if you are unsure.
hoffr recommends that Sellers obtain or amend appropriate insurance for any Property listed as Let My Property or Let a Room. Please review any insurance policy carefully, and in particular you must ensure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Buyers (and the individuals the Buyer invites to the Property, if applicable) while at your Property.
Hoffr highly recommends that planning law advice is sought for letting a Property either as Let My Property or Let a Room. Hoffr is not responsible for any adverse consequences arising as a result of a failure to following planning laws as they may apply from time to time.
If your Property is freehold or leasehold (whether registered at H.M Land Registry or not), it is your duty to obtain the necessary releases, consents, deeds of variation, permissions or anything else to allow you to use hoffr. hoffr is not responsible for any adverse consequences arising as a result of a failure to obtain releases, consents, deeds of variation or permissions as they may apply from time to time. If at any time the Property is subject to any form of receivership, then you must advise the receiver of these Terms of Service being in operation.
USERS AGREE THAT EACH LISTING IS ENTIRELY AT THEIR OWN RISK AND RESPONSIBILITY.
HOFFR DOES NOT VERIFY OR GUARANTEE THE ACCURACY OR COMPLETENESS OF INFORMATION WITHIN A LISTING NOR THE EXISTENCE, OWNERSHIP OR STATE OF ANY PROPERTY.
FEES MAY APPLY AND ARE PAYABLE TO HOFFR FOR EACH LISTING, AS SHOWN ON THE PLATFORM.
Buyers may make an Offer for any Property listed on the Platform. If you make an Offer you will be asked to submit a price and a message to the Seller. The Offer will remain open for the Seller to accept for the default period specified on the Platform, however you may withdraw the Offer at any time before it is accepted by the Seller.
The amount and timeof your Offer can be viewed by all Users on the Platform, however only the Seller can see the identity of the Buyers. You may be asked by the Seller to provide more information, via the Platform, in connection with your Offer, for example whether or not you have a property to sell.
All communications between Buyers and Sellers on the Platform are recorded.
IF YOUR OFFER IS ACCEPTED THIS INDICATES THAT YOU INTEND TO PROCEED WITH A TRANSACTION ACCORDING TO THE TERMS OF YOUR OFFER, SUBJECT TO CONTRACT.
HOFFR MAKES NO GUARANTEE OR UNDERTAKING THAT YOUR OFFER WILL BE CONSIDERED OR ACCEPTED BY THE SELLER. THE SELLER MAY CHOOSE TO WITHDRAW THE LISTING AT ANY TIME OR ACCEPT AN OFFER FROM ANOTHER USER.
Sellers can view full details of the Buyers and their Offers on the Platform. The Buyer will be notified if an Offer is accepted or rejected. Sellers may communicate directly with Buyers via the Platform chat function in relation to Offers.
The Seller and Buyer may request additional information relevant to the Property and a potential Transaction at any time.
The acceptance of an Offer on the Platform means the Buyer and Seller have indicated their intention to proceed with the Transaction, subject to agreeing a legally binding contract off the Platform.
If an Offer is accepted, any remaining Offers will automatically lapse and the Property will be removed from the Listing section of the Platform.
If an Offer is rejected, the Buyer will be notified via the Platform. In these circumstances the Property will remain on the Platform, unless the Seller determines otherwise.
A Seller may make a counter offer to a Buyer. A counter offer is an indication to the Buyer that if they make another offer at the price and subject to any other conditions specified by the Seller, it is likely to be accepted.
THE BUYER IS RESPONSIBLE FOR MAKING ALL ENQUIRIES IN RELATION TO A PROPERTY. ACCEPTANCE OF AN OFFER ON THE PLATFORM DOES NOT CONSTITUTE A LEGALLY BINDING OBLIGATION ON THE SELLER OR BUYER. YOU SHOULD TAKE PROFESSIONAL ADVICE BEFORE ENTERING INTO A LEGALLY BINDING TRANSACTION.
HOFFR DOES NOT ACT AS THE INSURER OR CONTRACTING AGENT OF THE SELLER OR BUYER. ANY AGREEMENT ENTERED INTO BETWEEN A BUYER IN CONNECTION WITH YOUR PROPERTY IS BETWEEN THE SELLER AND BUYER AND HOFFR IS NOT A PARTY TO IT.
WE WILL USE REASONABLE ENDEAVOURS TO PROVIDE THE PLATFORM, ON AND SUBJECT TO THE HOFFR TERMS, HOWEVER WE DO NOT UNDERTAKE OR GUARANTEE THAT ANY NEGOTIATION WILL FOLLOW THE PROCESS OUTLINED ABOVE IN EVERY CASE, OR THAT AN OFFER WHICH IS ACCEPTED BY A SELLER WILL PROCEED TO SUCCESSFUL COMPLETION OF A TRANSACTION.
HOFFR ACCEPTS NO RESPONSIBILITY OR LIABILITY IF A TRANSACTION IS NOT ULTIMATELY COMPLETED NOR THE TERMS ON WHICH SUCH TRANSACTION WILL PROCEED.HOFFR DOES NOT UNDERTAKE OR GUARANTEE THE FINANCIAL OBLIGATIONS OF THE BUYER OR SELLER IN RELATION TO ANY TRANSACTION.
THE BUYER SHALL ACCEPT THAT HAVING AN OFFER ACCEPTED DOES NOT MEAN THAT THE SELLER IS LEGALLY OBLIGED TO SELL THE PROPERTY TO THE BUYER.
AN OFFER AND ACCEPTANCE THROUGH THE PLATFORM DOES NOT FALL WITHIN SECTION 2 OF THE LAW OF PROPERTY (MISCELLANEOUS PROVISIONS) ACT 1989, AS ALL TERMS OF THE TRANSACTION ARE TO BE AGREED BETWEEN THE BUYER AND SELLER IN A CONTRACT AND COUNTERPART WHICH ARE TO BE EXCHANGED. THEREBY THE OFFER REMAINS AN OFFER SUBJECT TO A BINDING CONTRACT.
Sellers may create an Open Home Event where Buyers can attend the Property. If a Buyer is invited to an Open Home Event, they will be notified via the Platform and provided with the Seller’s contact details for the Property.
Any change or cancellation to an Open Home Event will be notified to the Buyers via the Platform.
HOFFR ACCEPTS NO LIABILITY FOR THE OCCURRENCE OF, OR CONDUCT DURING, OPEN HOME EVENTS, WHICH ARE HELD AT THE SOLE RISK AND RESPONSIBILITY OF THE SELLER AND BUYER. INVITATION TO OR ATTENDANCE AT AN OPEN HOME EVENT DOES NOT INDICATE THAT A BUYER’S OFFER HAS OR WILL BE CONSIDERED OR ACCEPTED OR OTHERWISE THAT ANY TRANSACTION WILL PROCEED TO COMPLETION IN CONNECTION WITH THE PROPERTY.
Sellers and Buyers agree to pay in full all fees and charges for hoffr’s Products and Services, based on the Published Rates shown on the Platform.
All fees and charges are inclusive of VAT and other applicable taxes, unless otherwise stated.
All payments shall be made on the date shown on the Platform. The Platform currency is pounds sterling (GBP).
You are solely responsible for remitting to the relevant authority any Taxes applicable to you. hoffr cannot and does not offer Tax advice to any Users.
If you believe you have been charged in error please notify us immediately by emailing: email@example.com.
All details of the fees and charges for using our Products and Services are shown on the Platform.
BY USING THE PLATFORM YOU AGREE TO PAY THE FEES AND CHARGES DISCLOSED FOR EACH OF THE PRODUCTS AND SERVICES.
hoffr reserves the right, at its sole discretion, to modify the Platform or to modify these Terms of Service, including the fees, at any time and without prior notice, to reflect changes to our business or the services that we provide to you. We will post the modification on the Platform and/or provide you with notice of the modification by email. We will also update the “Last Updated” date at the top of these Terms of Service. Changes to the Terms of Service will be effective at the time of posting. Your continued access to or use of the Platform will constitute acceptance of the modified Terms of Service. Additionally, if the modified Terms of Service contain material changes applicable to existing Users (by decreasing your rights or increasing your responsibilities), we will provide you with notice prior to the changes taking effect. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Platform and the Products and Services. If you do not close your Account you will be deemed to have accepted the changes.
You may cancel your Account and cease using the Platform and the Products and Services at any time.
You may cancel these Terms of Service with us at any time. If you do so, we may be entitled to receive any fees payable by you up to the point of termination and you will not receive any full or partial credit or refund. If you cancel these Terms you will no longer be provided with access to the Platform.
We reserve the right to terminate your use of the Platform at any time where we have serious grounds for doing so, including if you substantially breach any of these Terms of Service, infringe or violate or attempt to infringe or violate any rights of third parties (including other users of the Platform), or if you are using the Platform to commit or attempt to commit a criminal offence. We may issue a warning, temporarily suspend, permanently suspend or terminate your right to use the Platform at any time that we have serious grounds for doing so. We will notify you immediately if we suspend or terminate your access and will continue to fulfil any outstanding responsibilities to you following our termination of these Terms of Service. No fees or charges will be refunded in situations where hoffr de-lists a Property or terminates your Account.
We may advertise and market your Property on such property portals, websites or publications as we consider to be the most effective at securing interest on your property from potential purchasers and tenants in our absolute discretion. We may withdraw or no longer take advantage of the services of such property portals, websites or publications at our absolute discretion.
hoffr does not endorse any User, Listing or Property. Images on the Platform are intended to present a photographic representation of the Property but are not endorsed by hoffr.
Although hoffr may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask for verification of identity. We do not make any representations about, confirm, or endorse any User or their purported identity or background. We do not endorse or guarantee the credit rating of any User.
Any references in the Platform to a User being “registered” or “verified” or “connected” (or any similar language) only indicates that the User has completed a relevant verification or identification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by hoffr about any User, including of the User’s identity and whether they are trustworthy, safe or suitable. hoffr is not responsible for any damage or harm resulting from your interactions with other Users.
IF YOU CHOOSE TO USE THE PLATFORM, YOU DO SO AT YOUR OWN RISK. THE PLATFORM IS AVAILABLE “AS IS”. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED ON THE PLATFORM, OR WITH ANY OF THESE TERMS OF SERVICE, TO THE EXTENT PERMITTED BY LAW YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE PLATFORM.
HOFFR MAKES NO WARRANTY THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. HOFFR MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, PROPERTY, BUYERS, SELLERS, THE PRODUCTS AND SERVICES OR CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE PLATFORM.
THE PLATFORM DOES NOT OFFER ADVICE AND MUST NOT BE RELIED UPON AS ADVICE IN CONNECTION WITH ANY PROPERTY OR TRANSACTION.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE PLATFORM OR THROUGH THE PLATFORM OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN, UNLESS EXPRESSLY STATED OR AS REQUIRED BY LAW.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM. YOU UNDERSTAND THAT HOFFR DOES NOT MAKE ANY ATTEMPT TO VERIFY STATEMENTS MADE BY OTHER USERS OF THE PLATFORM OR TO REVIEW OR VISIT ANY PROPERTY. HOFFR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, PARTICULARLY IF YOU DECIDE TO ENTER INTO A TRANSACTION OR MEET OFFLINE. HOFFR EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER OR OTHER THIRD PARTY.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND CONTENT, YOUR LISTING OR ACCEPTED OFFER IN RELATION TO A PROPERTY VIA THE PLATFORM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF HOFFR WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER HOFFR NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR THE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, OR FROM YOUR LISTING OR TRANSACTION OF ANY PROPERTY VIA THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HOFFR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT AS REQUIRED BY LAW, HOFFR’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE PLATFORM AND PRODUCTS AND SERVICES, SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID OR OWE TO HOFFR VIA THE PLATFORM AS A BUYER AND/OR SELLER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
BY USING THE PLATFORM, YOU AGREE THAT ANY LEGAL REMEDY OR LIABILITY THAT YOU SEEK TO OBTAIN FOR ACTIONS OR OMISSIONS OF OTHER USERS OR OTHER THIRD PARTIES WILL BE LIMITED TO A CLAIM AGAINST THE PARTICULAR USERS OR OTHER THIRD PARTIES WHO CAUSED YOU HARM.
HOFFR SHALL NOT BE LIABLE FOR ANY PERSON WHO FAILS TO VACATE THE PROPERTY UNDER LET MY PROPERTY OR LET A ROOM AND YOU SHOULD ADEQUATELY INSURE YOURSELF IN CASE YOU NEED TO TAKE LEGAL ACTION TO RECOVER THE PROPERTY.
We may request feedback from any person who has viewed or was due to view your Property. The feedback will be immediately available in your Account as soon as it has been provided and will be exactly as provided by the person concerned.
hoffr will treat all complaints seriously. If you are not satisfied with the Platform and our Products and Services, you can contact us at any time on firstname.lastname@example.org. We will respond to you as quickly as possible and in any event within two (2) days.
We will always inform you as soon as we become aware of anyone who is in any way connected with hoffr making an Offer for your Property; whether they are an employee, a contractor, or a family member or providing services to us in any other capacity.
In the event that you are aware of any personal interest from anyone connected with hoffr you should notify us immediately. We will then make such enquiries as we consider necessary and provide you with a notification in writing of the nature of the personal interest. You will have the sole discretion to decide whether you wish to deal with the person or persons concerned.
We may introduce Sellers and Buyers or any prospective Sellers and Buyers to products and services provided by third parties, such as mortgages, insurance, legal services, letting services and conveyancing but only where we reasonably believe that the services being provided are in the interests of the Seller and Buyer or prospective Seller and Buyer. You may decide of your own free will whether to use these products or services and we will never pressurise or require you to use such products or services.
We may receive commission for introducing you and we are not required to disclose that commission.
Whilst we will make all reasonable efforts to ensure that the Products and Services are available at all times, hoffr does not guarantee, represent or warrant that your access to the Platform will be uninterrupted or error-free.
We will always make all reasonable efforts to ensure that all User Content submitted by you to us will be secure. We cannot guarantee that the Platform and/or Products and Services will be free from loss, corruption, attack, viruses, ‘worms’, ‘trojan horses’ or other harmful components, or from interference, hacking or other security intrusions. You should be sure to back up your own system periodically to ensure that all Content available to you and located within your Account is available to you in the event of any loss or damage, as hoffr reserves the right to remove or suspend all or any part of the Content, at any time in accordance with these terms.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Platform and User Content and in this regard you agree that you will not: (1) violate any laws or regulations; (2) use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Platform or Content; (3) use our Platform to disclose any Content that violates the privacy rights of any third party (including other hoffr Users); (4) use the Platform or the Content for any commercial or other purposes that are not expressly permitted by these Terms of Service or in a manner that falsely implies hoffr endorsement or partnership for any commercial or other purposes, or otherwise misleads others as to your affiliation with hoffr; (5) dilute, tarnish or otherwise harm the hoffr brand in any way, including through unauthorized use of Content; (6) copy, store or otherwise access or use any information contained on the Platform or the Content for any purposes not expressly permitted by these Terms of Service; (7) infringe the rights of hoffr or the rights of any other person or entity including, without limitation, their intellectual property, privacy, publicity or contractual rights; (8) interfere with or damage our Platform or Products and Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (9) use our Platform in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence; (10) “stalk” or harass any other user of our Platform, or collect or store any personally identifiable information about any other user other than for the purposes of transacting in relation to a Property; (11) offer any Property that you do not yourself own or have permission to use as a residential or other property; (12) register for more than one Account or register for an Account on behalf of an individual other than yourself; (13) contact another User for any purpose other than asking a question related to a Property; (14) recruit or otherwise solicit any User to join third-party services or websites that are competitive to hoffr, without hoffr’s prior written approval; (15) use the Platform to find Users and circumvent the obligation to pay any Fees and Charges related to hoffr’s Products and Services; (16) post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances; (17) systematically retrieve data or other content from our Platform; (18) access, tamper with, or use non-public areas of the Platform, hoffr’s computer systems, or the technical delivery systems of hoffr’s providers; (19) attempt to probe, scan, or test the vulnerability of any hoffr system or network or breach any security or authentication measures; (20) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform or Content; or (21) advocate, encourage, or assist any third party in doing any of the foregoing.
Hoffr has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms of Service, hoffr may take a range of actions against you, including but not limited to removing or disabling access to any or all of your User Content or deactivating or cancelling your Listing(s) or hoffr Account, for any violation of this section or these Terms of Service.
Hoffr may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to: (i) respond to claims asserted against hoffr or to comply with legal process; (ii) enforce or administer our agreements with Users, such as these Terms of Service; (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes; or (iv) protect the rights, property or safety of hoffr, its Users, or members of the public. You acknowledge that hoffr has no obligation to monitor your access to or use of the Platform or Content, but has the right to do so for the purpose of operating and improving the Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms of Service, to comply with applicable law or the order or requirement of a court or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms of Service. Hoffr reserves the right, at any time and without prior notice and in its sole discretion, to remove or disable access to any Content or Account.
The Platform and Content are protected by copyright, trademark, and other laws of the United Kingdom and foreign countries. You acknowledge and agree that the Platform and Content, including all associated intellectual property rights, are the exclusive property of hoffr and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights or notices incorporated in or accompanying the Platform or the Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of hoffr used on or in connection with the Platform and Content are trademarks or registered trademarks of hoffr in the U.K. and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Platform and Content are used for identification purposes only and may be the property of their respective owners.
Subject to your compliance with these Terms of Service, hoffr grants you a limited, non-exclusive, non-transferable license to download and install a copy of the mobile application on each mobile device or computer that you own or control and run such copy of the application solely for your own personal use.
Subject to your compliance with these Terms of Service, hoffr grants you a limited, non-exclusive, non-transferable license: to (i) access and view any hoffr Content solely for your personal and non-commercial purposes; and (ii) access and view any User Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Platform, or Content, except as expressly permitted in these Terms of Service. No licenses or rights are granted to you by implication or otherwise except for the licenses and rights expressly granted in these Terms of Service.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Platform you hereby grant to hoffr a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, modify, license, sell, transfer, publicly display, and otherwise exploit such User Content.
The Platform may contain links to third-party websites or resources. You acknowledge and agree that hoffr is not responsible or liable for: (i) the availability or accuracy of the information provided on such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by hoffr of such websites or information. You acknowledge sole responsibility for and assume all risk arising from your use of any such third party websites and information.
Entire Agreement: Except as may be supplemented by a document referenced and incorporated herein or by additional hoffr policies or terms for a specific product, feature, service or offering, these Terms of Service constitute the entire and exclusive understanding and agreement between you and hoffr regarding the Platform and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between you and hoffr.
>No Third Party Rights: These Terms of Service shall not be deemed to confer any rights or remedies upon any person other than the User and hoffr.
Interpretation: The titles and headings of these Terms of Service are for convenience and ease of reference only and shall not be utilized in any way so as to construe or interpret the Terms of Service as otherwise than set forth herein.
Severability of Terms:If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. The failure by hoffr to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
Restriction on Assignment: You may not assign or transfer these Terms, without hoffr’s prior written consent. Subject to the foregoing, these Terms of Service shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
These Terms of Service shall be governed by and construed in accordance with the laws of England and Wales.
In relation to any legal action or proceedings arising out of or in connection with these terms of business we both irrevocably submit to the exclusive jurisdiction of the courts of England and Wales. Nothing in these Terms of Service shall prohibit hoffr from taking proceedings in any convenient jurisdiction, in hoffr’s sole discretion.