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 hapipod.com
Unless otherwise stated, all terms and conditions apply to all users,
including Hosts and Lodgers.
Click on the links below to go straight to more information on each
area:
OUR TERMS
-
DEFINITIONS AND INTERPRETATION
-
The following definitions shall apply to these terms and
conditions:
Account Holder means a person who has a valid, registered account on the hapipod
Platform who has undertaken and completed the identification
verification check in accordance with clause 4.2.
Account Holder Features means a limited level of access to the hapipod Platform compared to
Members. See details in the FAQs of the hapipod Platform.
Charges means all and any charges which may become due to us from you in
accordance with these terms including any Identification Verification
Charges, Membership 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.
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 Kingfisher House, B3 Kingsway N, Gateshead NE11 0JQ
hapipod Platform means the online platform provided by hapipod through its website www.hapipod.com for purposes of
allowing Hosts and Lodgers to connect with each other with the view to
reach a mutually beneficial living arrangement between one
another.
Homeshare Contract Template means a template homeshare contract provided by hapipod 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 Lodger.
Host means a Member offering a Host Property to Lodgers through the hapipod
Platform and browsing or using the hapipod Platform to match or
communicate with a Lodger.
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.
Lodger means a Member browsing or using the hapipod 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.
Member means an Account Holder who has purchased a Membership Plan.
Membership Charges has the meaning set out in clause 16.2.
Membership Features means the level of access to the hapipod Platform and additional
features provided to Members according to the Membership Plan purchased.
See details in the FAQs of the hapipod Platform.
Membership Plan means the level of membership offered by hapipod according to the
Membership Features, categorised as Gold, Silver or Bronze, as fully
described on the hapipod Platform.
Services means access to the hapipod Platform and services provided by
hapipod as set out in clause 6 of these terms.
Taster Plan means a trial plan of the services that render the user an Account
Holder with limited features, for a period of one week only, as fully
described on the hapipod Platform.
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.
Yoti ID Check means an identification verification check through Yoti, our approved third
party identification verification check provider.
-
Unless the context otherwise requires, references to ‘terms’, ‘conditions’, ‘terms and conditions’ or ‘these terms’ shall mean these terms and conditions.
-
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, Lodger or
user.
-
Clause and paragraph headings shall not affect the interpretation of
these terms.
-
Unless the context otherwise requires, words in the singular shall
include the plural and the plural shall include the singular.
-
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.
- THESE TERMS
-
What these terms cover. These are the terms and conditions on which we supply Services to
you through the hapipod Platform.
-
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.
-
Acceptance of terms. By using our Services, you confirm that you accept these terms and
conditions 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.
-
Additional terms. These terms and conditions refer to the following additional terms,
which also apply to your use of our Services:
-
Our Privacy Policy, See further under How we may use your personal information;
-
Our Cookie Policy, which sets out information about the cookies on our site;
and
-
Our Code of Conduct, which sets out information about how you should use our
Services.
-
INFORMATION ABOUT US AND HOW TO CONTACT US
-
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.
-
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.
-
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.
-
"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.
-
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 checks may vary and can take
up to 4 business days.
-
TERMS OF USE
-
Membership. Whether you are a Host or Lodger, in order to fully access the
hapipod Platform and Services as a Member, you must become an Account
Holder and purchase a Membership Plan. To register an account, you may
be required to provide certain personal information and data which may
include (but shall not be limited to):
-
your name/the name of your company/business;
-
your date of birth and age;
-
your residential address/your commercial address;
-
your contact details;
-
your payment details;
-
your gender; and/or
-
your health status.
We will process any personal data you provide in accordance with our
Privacy Policy.
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.
-
Identification verification check. In order to successfully fully register an account with us and
become an Account Holder, you must undertake a Yoti ID Check. You will not be permitted to access the hapipod Platform as an
Account Holder and be able to purchase a membership unless or until
confirmation has been received that you have undertaken and completed
a Yoti ID Check. The Identification Verification Charges for Yoti to carry out a
Yoti ID Check will be displayed on the hapipod Platform at the time
you register an account. All Identification Verification Charges are
non-refundable. If you do not pass the identification verification
check, you may not access our Platform as an Account Holder.
-
Expiration of identification verification check. In order to ensure that our records are kept up to date and to
provide additional comfort for our other users, we may periodically
request that you undertake an updated identification verification
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 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 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
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.
-
Your responsibility and no reliance on identification verification
checks. Whilst we endeavour to provide comfort to other users by ensuring
that all Account Holders undergo a Yoti ID check, 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.
-
Removal of unverified accounts. We reserve the right in our sole and absolute discretion to remove
the accounts of any Account Holder who has not completed, passed and
obtained a Yoti ID Check or an updated Yoti ID Check via the hapipod
Platform.
-
Age Restrictions. The Services are not intended for use by, and shall not be
available to, persons under the age of 18.
-
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.
-
Third party use. You may not under any circumstances authorise third parties to use
your account.
-
Consent to receive communications. In registering and operating an account, you hereby agree that
in order to provide the Services we may send you service related
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 such communications at any time but accept
that in doing so this may greatly restrict and impact your use of the
Services.
-
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 and conditions.
-
How you may use material. We are the owner or the licensee of all intellectual property
rights in and to our Services, and in the material published on the
hapipod Platform. 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 Platform or related to 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, 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.
-
No modification of materials. Except as expressly provided in these terms, you must not modify
any materials published on the hapipod Platform or provided in
connection with the Services in any way, and you must not use any
illustrations, photographs, video or audio sequences or any
graphics.
-
Our status. Our status (and that of any identified contributors) as the authors
of content on our Services must always be acknowledged.
-
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 in relation to 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 the hapipod
Platform depict real-life situations or have not been manipulated. All
images are for illustrative and guidance purposes only.
-
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.
-
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.
-
Confidentiality of content and material you upload. Any content you upload will be considered non-confidential and
non-proprietary.
-
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.
-
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.
-
Backing up and storing content. You are solely responsible for securing and backing up your
content.
-
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.
-
Rules about linking to our Services. You may link to the hapipod Platform, 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 the hapipod
Platform 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.
-
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 the hapipod Platform do not
represent our views or values.
-
ACCEPTABLE USE POLICY
-
Acceptable uses. You may use the Services:
-
to browse and view the content of our Services;
-
to upload content and materials in accordance with these terms;
-
to register an account and become an Account Holder and access the
Account Holder Features, having undertaken and completed a Yoti ID
Check in accordance with clause 4.2;
-
subject to purchasing a membership, to use the Membership
Features;
-
Prohibited uses. You may use our Services only for lawful purposes. You may not use
our Services:
-
in any way that breaches any applicable local, national or
international law or regulation;
-
in any way that is unlawful or fraudulent, or has any unlawful or
fraudulent purpose or effect;
-
for the purpose of harming or attempting to harm minors or any person
in any way;
-
to bully, insult, intimidate or humiliate any person;
-
to send, knowingly receive, upload, download, use or re-use any
material which does not comply with our Content Standards.
-
to transmit, or procure the sending of, any unsolicited or
unauthorised advertising or promotional material or any other form of
similar solicitation (spam);
-
to upload any material that could incite a terrorist offence, solicit
any person to participate in terrorist activities, provide instruction
on any method or technique for committing a terrorist offence or
threaten to commit a terrorist offence;
-
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
-
for any other reason not stated to be an acceptable use in clause
5.1.
- You also agree:
-
not to reproduce, duplicate, copy or re-sell any part of our Services
in contravention of the provisions of our terms; and
-
not to access without authority, interfere with, damage or
disrupt:
-
any part of our Services;
-
any equipment or network on which our Services are stored;
-
any software used in the provision of our Services; or
-
any equipment or network or software owned or used by any third
party.
-
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, Lodger or any user of our Services (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:
-
be true and accurate (where it states facts);
-
be genuinely held (where it states opinions); and
-
comply with the law applicable in England and Wales and in any
country from which it is posted.
A Contribution must not:
-
be defamatory of any person;
-
be obscene, offensive, hateful or inflammatory;
-
bully, insult, intimidate or humiliate;
-
include any content or materials relating to any person under the age
of 18;
- promote violence;
-
promote discrimination based on race, sex, religion, nationality,
disability, sexual orientation or age;
-
infringe any copyright, database right or trade mark of any other
person;
-
be likely to deceive any person;
-
breach any legal duty owed to a third party, such as a contractual
duty or a duty of confidence;
-
promote any illegal activity;
-
be in contempt of court;
-
be threatening, abuse or invade another's privacy, or cause
annoyance, inconvenience or needless anxiety;
-
be likely to harass, upset, embarrass, alarm or annoy any other
person;
-
impersonate any person, or misrepresent your identity or affiliation
with any person;
-
be likely to cause harm in any way to any other person;
-
give the impression that the Contribution emanates from hapipod, if
this is not the case;
-
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
-
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.
-
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.
-
Complaints, ratings and reviews. As Member you may have the ability through the hapipod 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.
- OUR SERVICES
-
Our services. We provide a technology platform to assist Members (Host and Lodger
Account Holders with valid Membership Plans) to connect with each
other with a view to reaching mutually beneficial arrangements. The
Services include:
-
the hapipod Platform;
-
the Membership Features (subject to you purchasing a Membership
Plan); and
-
the Account Holder Features (where your Membership Plan has lapsed).
For the avoidance of doubt:
-
our Services are limited to the operation and maintenance of a
platform for Hosts and Lodgers 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 Lodger 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
Membership Plan, 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.
-
hapipod Platform features. The hapipod Platform is available to all users who wish to browse
the hapipod Platform, however Membership Features are only available
to Members who hold a valid and registered account and have purchased
a Membership Plan. No features which are intended only for valid and
registered Members can be used unless under a valid Membership Plan.
If no valid and registered Membership Plan 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.
-
Membership Features. You are not authorised to use any of the Membership Features unless
you have purchased a Membership Plan. Any unauthorised use will be
subject to clause 6.2 and these terms.
-
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 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.
-
Lodger 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 Lodger. Our Services are limited solely
to the use of the hapipod Platform and it is acknowledged that no
Lodger 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.
-
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.
-
USE OF SERVICES
-
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.
-
Use of your 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.
-
PROVIDING THE SERVICES
-
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 Platform and does not
relate to any mutually beneficial engagement, commitment or
arrangement as may be agreed between a Host and a Lodger.
-
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.
-
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.
-
Users may vary slightly from their pictures. Any images of users on the hapipod Platform 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.
-
User images and information not to be relied upon. Whilst we endeavour to provide comfort to users by ensuring that
all Account Holders undergo Yoti ID 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.
-
Reasons we may suspend the supply of Services to you. We may have to suspend the supply of Services to:
-
deal with technical problems or make minor technical changes;
-
update the Services to reflect changes in relevant laws and
regulatory requirements;
-
make changes to the Services.
-
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.
-
NOTIFICATIONS AND REMINDERS
-
Notifications and Reminders. As part of the Services, we may send you notifications and
reminders by SMS text message, WhatsApp or by email.
-
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.
-
OUR CONTRACT WITH YOU
If you are a user of the hapipod Platform:
-
Not a Host or Lodger. For the purposes of these terms, we are not a Host or Lodger and
will not ourselves engage (or be deemed to engage) any user of the
hapipod Platform directly in the capacity of a Host or Lodger.
-
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 a Member:
-
Membership. In order to become a Member you must create an account and purchase
a Membership Plan in order to use the Membership Features.
-
How we will accept a membership. Following your confirmation to us that you wish to purchase a Membership Plan 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 membership shall be (or shall be
deemed to be) a valid membership unless or until all payments and
charges relating to such membership are fully paid and
up-to-date.
-
If we cannot accept a membership. If we are unable to accept a membership, 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 memberships will always remain at our sole and absolute
discretion and we fully reserve all rights to refuse memberships for
whatever reason.
-
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.
-
Third party providers. When you create an account and purchase a Membership Plan, you will
have to have a Yoti ID check and make payment of any Charges due. We
are not party to your direct engagement with Yoti or any third party
providers who carry out identification verification checks for you 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 you should read very carefully before
engaging). If you have any issues with Yoti, 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.
-
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.
-
MUTUALLY BENEFICIAL ARRANGEMENTS BETWEEN A HOST AND A LODGER
-
hapipod not party. Any mutually beneficial engagement, commitment or arrangement
entered into between a Host and a Lodger is solely a matter for
agreement and determination as between such Host and Lodger. 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.
-
Legal obligations. Whether you are a Host or a Lodger, 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/Lodger (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.
-
Independent legal advice. Whether you are a Host or a Lodger, 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/Lodger (as applicable).
-
Independent tax advice. Whether you are a Host or a Lodger, 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/Lodger (as applicable).
-
Homeshare Contract Template. You may have access through your membership to the Homeshare Contract Template 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:
-
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;
-
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;
-
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;
-
hapipod is not (and will not be) party to any such contract;
-
any terms negotiated as between you and another user are strictly
between yourself and such other user; and
-
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 userso 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.
-
NO PARTNERSHIP, AGENCY OR EMPLOYMENT
-
No employment or worker relationship. We are not an employer of Hosts or Lodgers. 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 Lodger (as employee or worker) and no Host or Lodger shall
be deemed to be employed by us or to work for us.
-
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.
-
YOUR WARRANTIES
-
Warranties. You warrant that:
-
You will only use our Services for lawful purposes;
-
You will not breach these terms in whole or in part in any manner
whatsoever;
-
You are over the age of 18 years old and are of legal adult age as
defined by the laws of the UK;
-
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;
-
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;
-
You will not permit any minor, or other person for who it is illegal,
to see materials that exist within our Services;
-
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
-
You will comply at all times with these terms and with the hapipod
Code of Conduct which is available on the hapipod Platform.
-
OUR RIGHTS TO MAKE CHANGES
-
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 01.12.24.
-
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.
-
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.
-
TASTER PLAN AND MEMBERSHIP PLANS
-
Taster Plan and Membership Plans. You may apply for a Taster Plan and/or Membership Plan through the
hapipod Platform. You acknowledge and agree that you may be charged in
relation to any Taster Plan or Membership Plan that you purchase and
such charges shall be non-refundable once paid.
-
Membership Features. The Membership Features are only available to Members who have
purchased a Membership Plan. No Membership Features should be used
unless under a valid purchased Membership Plan and Members must not
offer any Membership Features to any person, or use any Membership
Features for the benefit of any person, unless in accordance with the
terms of their membership. If no valid membership exists then you may
be charged for your use of the Membership Features in our sole and
absolute discretion provided such charges shall be reasonable and
proportionate to the level of unauthorised use.
-
Termination or suspension of your membership. hapipod fully reserves the right at its sole and absolute
discretion to terminate or suspend the account or membership of any
user at any time if, in the reasonable opinion of hapipod, such user
has breached these terms (or any part of them).
-
If your membership terminates or is suspended for whatever
reason. If your membership is suspended or terminated for whatever
reason:
-
you may immediately lose access to your account and/or all Membership
Features and any data or other information stored on our
Services;
-
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;
-
depending on the reason for termination and/or suspension, you may be
permitted to access the hapipod Platform as an Account Holder with
access to the Account Holder Features; and
-
you will not be entitled to a refund in respect of any Membership
Charges paid.
-
PRICE AND PAYMENT FOR SERVICES
-
Identification Verification Charge. If you create an account with us, you may be charged a
non-refundable, one-off, up-front fee for us to conduct an
identification verification check against you through our third
party provider, Yoti (Identification Verification Charge). The Identification Verification Charge will be charged at the
price shown on the hapipod Platform at the time you register an
account with us (please note this charge is subject to change and may be higher on the
date upon which the identification verification check is carried
out, please see clause 16.11 for what happens if we discover an error in
the price advised to you).
-
Memberships. We charge for Membership Plans to our Services to enable full
access to our hapipod Platform. You understand that use of the
Services may result in charges to you (Membership Charges). If you are purchasing a Membership Plan you will be provided with
options for your membership through the Services which will set out
the applicable Membership Charges in relation to your chosen
subscription plan. You understand that by purchasing a Membership Plan
you will have an obligation to make payment of the Membership Charges
for the full term of the Membership Plan you chose.
-
Where to find our Membership Charges. The price of our Membership Plan will be the price indicated on the
hapipod Platform on the date that you purchase your Membership Plan.
We use our best efforts to ensure that the Membership Charges advised
to you are correct. However, please see clause 16.11 for what happens
if we discover an error in the price of our Membership Plan offered to
you.
-
Payment of Membership Charges. All Membership Charges must be paid up-front and no membership will
be validated until the applicable Membership Charges have been paid in
full and in cleared funds. All Membership Charges are
non-refundable.
-
When you must pay and how you must pay. We use third party payment processors for processing payments. You
will be prompted to input your billing information through that provider’s website or portal. We cannot accept any
responsibility or liability in relation to any issues arising from or
in connection with third party websites or services. If you encounter
any problems, please let us know at the earliest possible opportunity
by contacting us at support@hapipod.com.
-
Taster Plan and other Charges. From time to time we may offer a Taster Plan and run special
promotions. We reserve the right to charge for any additional or
premium features of the Services that we make available from time to
time. Details of these features and associated charges shall be
described on the hapipod Platform.
-
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.
-
All Charges to be paid in advance. All Charges must be paid up-front, in advance and on demand.
-
Charges are non-refundable. Subject to clause 19.2, all Charges are non-refundable save at the
sole and absolute discretion of hapipod.
-
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.
-
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.
-
What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the
membership options or the Identification Verification Charge may be
incorrectly priced. We will normally check prices before accepting
memberships or carrying out identification verification checks so
that:
-
where the correct price for the membership on the date of membership
is less than our stated price on the date of membership; or
-
where the correct price for the Yoti ID 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:
-
the correct price for the membership on the date of membership is
higher than the price stated; or
-
the correct price for the Yoti ID Check on the date of the check is
higher than the price stated, we will contact you for your instructions before we accept your
membership or carry out the Yoti ID Check. If we accept and process a
membership or identification verification 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 membership and/or render additional Charges to cover any losses we
may incur. In this event, there shall be no obligation to render any
Services.
-
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 of the hapipod Platform pursuant to any mutually
beneficial engagement, commitment or arrangement as may be agreed from
time to time as between the respective users.
-
LOCATIONS AND HOST PROPERTIES
-
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.
-
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.
-
YOUR RIGHTS TO END THE CONTRACT
-
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:
-
we have told you about an upcoming change to the Services or these
terms which you do not agree to;
-
we have told you about an error in the price or description of the
Services and you do not wish to proceed;
-
we have indefinitely suspended supply of the Services for technical
reasons, or notify you we are going to suspend them for technical
reasons; or
-
you have a legal right to end the contract because of something we
have done wrong.
-
Exercising your right to change your mind. You may exercise your right to change your mind and cancel any
membership in accordance with clause 19.
-
CANCELLATION (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
-
Tell us you want to end the contract. To end the contract with us and cancel any membership you have purchased, please let us know by sending us an email to support@hapipod.com quoting your name and/or account number. You may cancel your
membership at any time and such membership 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).
-
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.
-
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.
-
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.
-
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.
-
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.
-
OUR RIGHTS TO END THE CONTRACT
-
We may end the contract if you break it. We may end the contract at any time if:
-
you do not make any payment to us when it is due;
-
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;
-
you breach these terms or any of the warranties set out in clause 13
are or become untrue, inaccurate or misleading.
-
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.
-
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.
-
IF THERE IS A PROBLEM WITH THE SERVICES
-
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.
-
LIMITATION OF LIABILITY AND INDEMNITY
-
Disclaimers.
-
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;
-
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;
-
we do not make any representations or warranties, express, implied or
statutory in relation to:
-
the information requested or processes undertaken by any third party
provider; or
-
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) our payment providers and Yoti and we
accept no responsibility or liability in respect of the same;
-
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;
-
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;
-
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;
-
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
-
in relation to the Homeshare Contract Template, we do not make any
representations, guarantees or warranties, express, implied or
statutory:
-
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;
-
as to the legal effect of such template in any jurisdiction;
-
as to any rights, obligations or liabilities which may arise in
relation to any party under such template; or
-
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.
-
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.
-
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:
-
your use of or reliance on the Services or your inability to access
or use the Services;
-
any engagement, commitment, transaction, arrangement or relationship
between any of our users to which we are not a party; or
-
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) our payment providers and Yoti.
-
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:
-
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;
-
any membership to the Services that has not been accepted;
-
any loss, damage, costs, expenses or liability suffered by anyone
other than you in connection with your use of the Services;
-
any losses that could not reasonably be expected to result from our
negligence or breach of these terms; or
-
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.
-
Limit. In no event shall our total liability to you in connection with the
Services exceed the greater of:
-
the total Membership Charges paid to us by you; or
- £100.
-
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.
-
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:
-
your use of the Services;
-
your breach of any of these terms; and
-
your violation of the rights of any third party.
-
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.
-
OTHER IMPORTANT TERMS
-
We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to
another organisation.
-
You cannot transfer your rights to someone else. You may not transfer your rights or your obligations under these
terms to another person.
-
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.
-
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.
-
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.
-
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. If you are a consumer, you and we agree that the
courts of England and Wales will have exclusive jurisdiction except
that if you are a resident of Northern Ireland you may also bring
proceedings in Northern Ireland, and if you are resident of Scotland,
you may also bring proceedings in Scotland,