These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and Acomorate (as defined below) governing your access to and use of the Acomorate website, including any subdomains thereof.
When these Terms mention “Acomorate,” “we,” “us,” or “our,” it refers to the Acomorate company you are contracting with.
1 Scope of Acomorate Services
1.1The Acomorate Platform is an online review aggregator and real-estate information website that enables registered users (“Users”) - who are split into two groups; tenants (“Tenants”), and landlords and letting agents (who will herein be referred to as “Managers”) - to upload information to and create property profiles (“Property Profiles”). Such information includes claiming Property Profiles (“Claims”), uploading user content (as defined below), and publishing and/or updating Property Profile data.
1.2As the provider of the Acomorate Platform, Acomorate does not own, sell, resell, provide, control, manage, offer, deliver, or supply any of the properties (each of which is identified by a unique “Address”) as described by Property Profiles. To ‘create’ an Address refers to the process of a User entering a address using the Acomorate Platform that will generate a Property Profile directly linked to said Address. Users alone are responsible for ensuring that the Addresses they create on the website are genuine, and that the information described by the said Property Profiles is accurate and reflective of a physical real-estate property.
1.3While we may help facilitate the resolution of disputes, Acomorate has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Address, (ii) the truth or accuracy of any Property Profile descriptions, Ratings, Reviews, Rental Reports (as defined below), or other User Content, or (iii) the performance or conduct of any User. Acomorate does not endorse any User or Property Profile. You should always exercise due diligence and care when deciding whether to stay in an Accommodation, or communicate and interact with other Users, whether online or in person. User-uploaded Content is intended only to indicate a photographic representation of an Address at the time the photograph was taken, and are therefore not an endorsement by Acomorate of any Property Profile.
1.4If you choose to use the Acomorate Platform as a Manager, your relationship with Acomorate is limited to being independent, and not an employee, agent, joint venturer or partner of Acomorate for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Acomorate.
1.5Due to the nature of the Internet, Acomorate cannot guarantee the continuous and uninterrupted availability and accessibility of the Acomorate Platform. Acomorate may restrict the availability of the Acomorate Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Acomorate Platform. Acomorate may improve, enhance and modify the Acomorate Platform and introduce new Acomorate Services from time to time.
2 Eligibility and use of the Acomorate Platform
2.1You must be at least 17 years old and able to enter into legally binding contracts to access and use the Acomorate Platform or register an Acomorate Account. By accessing or using the Acomorate Platform you represent and warrant that you are 17 or older and have the legal capacity and authority to enter into a contract.
2.2Acomorate may make the access to and use of the Acomorate Platform, or certain areas or features of the Acomorate Platform, subject to certain conditions or requirements, such as completing a verification process, completing a Review, or meeting specific quality or eligibility criteria.
2.3We do not assume any responsibility for the confirmation of any User’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Users, (ii) screen Users against third party databases or other sources and request reports from service providers.
2.4The access to or use of certain areas and features of the Acomorate Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Acomorate Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
2.5Some areas of the Acomorate Platform implement Google Maps mapping services, including Google Maps API(s). Your use of Google Maps is subject to the Google Maps Additional Terms of Service.
3 Account Registration
3.1You must register an account ("Acomorate Account") to access and use certain features of the Acomorate Platform, such as writing and publishing a Review, . If you are registering an Acomorate Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
3.2You must provide accurate, current and complete information during the registration process and keep your Acomorate Account and public Acomorate Account profile page information up-to-date at all times.
3.3You may not register more than one (1) Acomorate Account unless Acomorate authorises you to do so. You may not assign or otherwise transfer your Acomorate Account to another party.
3.4You are responsible for maintaining the confidentiality and security of your Acomorate Account credentials and may not disclose your credentials to any third party. You must immediately notify Acomorate if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorised use of your Acomorate Account. You are liable for any and all activities conducted through your Acomorate Account, unless such activities are not authorised by you and you are not otherwise negligent (such as failing to report the unauthorised use or loss of your credentials).
4.1Acomorate may, at its sole discretion, enable Users to (i) create, upload, post, send, receive and store content, such as text, photos, or other materials and information on or through the Acomorate Platform ("User Content"); and (ii) access and view User Content and any content that Acomorate itself makes available on or through the Acomorate Platform, including proprietary Acomorate content and any content licensed or authorised for use by or through Acomorate from a third party ("Acomorate Content" and together with User Content, "Collective Content").
4.2The Acomorate Platform, Acomorate Content, and User Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United Kingdom and other countries. You acknowledge and agree that the Acomorate Platform and Acomorate Content, including all associated intellectual property rights, are the exclusive property of Acomorate and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Acomorate Platform, Acomorate Content or User Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Acomorate used on or in connection with the Acomorate Platform and Acomorate Content are trademarks or registered trademarks of Acomorate Ltd. in the United Kingdom and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Acomorate Platform, Acomorate Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
4.3You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Acomorate Platform or Collective Content, except to the extent you are the legal owner of certain User Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Acomorate or its licensors, except for the licenses and rights expressly granted in these Terms.
4.4Subject to your compliance with these Terms, Acomorate grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and view any Collective Content made available on or through the Acomorate Platform and accessible to you, solely for your personal and non-commercial use.
4.5By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through the Acomorate Platform, you grant to Acomorate a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such User Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content to provide and/or promote the Acomorate Platform, in any media or platform. Unless you provide specific consent, Acomorate does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your User Content.
4.6You are solely responsible for all User Content that you make available on or through the Acomorate Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available on or through the Acomorate Platform or you have all rights, licenses, consents and releases that are necessary to grant to Acomorate the rights in and to such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Acomorate's use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
4.7You will not post, upload, publish, submit or transmit any User Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates Acomorate’s Content Policy or any other Acomorate policy. Acomorate may, without prior notice, remove or disable access to any User Content that Acomorate finds to be in violation of these Terms or Acomorate’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Acomorate, its Users, third parties, or property.
4.8Acomorate respects copyright law and expects its Users to do the same. If you believe that any content on the Acomorate Platform infringes copyrights you own, please notify us.
5 Ratings, Reviews and Rental Reports
5.1Tenants can leave a public review (which includes Pros, Cons and Advice to Readers which collectively constitute a “Review”), submit a star rating (“Rating”) for different aspects of an experience related to a specific to an address, and can also disclose their living expenses such as rent and other additional bills which constitutes a rental report (“Rental Report”). Any Ratings or Reviews reflect the opinion of individual Users and do not reflect the opinion of Acomorate. Ratings, Reviews and Rental Reports are not verified by Acomorate for accuracy and may be incorrect or misleading.
5.2Ratings, Reviews and Rental Reports by Tenants must be fair, truthful and factual and may not contain any offensive or defamatory language. Reviews must also, as of these terms’ most recent update, be written in the English language.
5.3Users are prohibited from manipulating the Ratings, Reviews and Rental Report system in any manner, such as instructing a third party write a positive or negative Review for a Property Profile.
6 Prohibited Activities
6.1You are solely responsible for compliance with any and all laws, rules, regulations, and obligations that may apply to your use of the Acomorate Platform. In connection with your use of the Acomorate Platform, you will not and will not assist or enable others to:
breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms;
use the Acomorate Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Acomorate endorsement, partnership or otherwise misleads others as to your affiliation with Acomorate;
copy, store or otherwise access or use any information, including personally identifiable information about any other User, contained on the Acomorate Platform in any way that is inconsistent with Acomorate’s Terms or that otherwise violates the privacy rights of Users or third parties;
use the Acomorate Platform in connection with the distribution of unsolicited commercial messages ("spam");
act as the Manager for any accommodation that you do not yourself own or have permission to make available as a residential or other property through the Acomorate Platform;
discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;
use, display, mirror or frame the Acomorate Platform or Collective Content, or any individual element within the Acomorate Platform, Acomorate's name, any Acomorate trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Acomorate Platform, without Acomorate's express written consent;
dilute, tarnish or otherwise harm the Acomorate brand in any way, including through unauthorised use of Collective Content, registering and/or using Acomorate or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Acomorate domains, trademarks, marketing campaigns or Collective Content;
use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Acomorate Platform for any purpose;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Acomorate or any of Acomorate's providers or any other third party to protect the Acomorate Platform;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Acomorate Platform;
take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Acomorate Platform;
export, re-export, import, or transfer the Application except as authorised by United Kingdom law, the export control laws of your jurisdiction, and any other applicable laws;
or violate or infringe anyone else’s rights or otherwise cause harm to anyone;
use this Website or its contents for any commercial purpose;
(access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
deep-link to any portion of this Website for any purpose without our express written permission;
"frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization;
or attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Acomorate in connection with the Website or the services.
6.2You acknowledge that Acomorate has no obligation to monitor the access to or use of the Acomorate Platform by any User or to review, disable access to, or edit any User Content, but has the right to do so to (i) operate, secure and improve the Acomorate Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to User Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Users agree to cooperate with and assist Acomorate in good faith, and to provide Acomorate with such information and take such actions as may be reasonably requested by Acomorate with respect to any investigation undertaken by Acomorate or a representative of Acomorate regarding the use or abuse of the Acomorate Platform.
7 Term and termination, suspension and other measures
7.1This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Acomorate terminate the Agreement in accordance with this provision.
7.2Without limiting our rights specified below, Acomorate may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
7.3Acomorate may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms of Service, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Acomorate believes in good faith that such action is reasonably necessary to protect the personal safety or property of Acomorate, its Users, or third parties (for example in the case of fraudulent behavior of a User).
7.4In addition, Acomorate may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms of Service, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Acomorate Account registration, and processes that involve the addition, deletion or alteration of a Property Profile or thereafter, or (iv) Acomorate believes in good faith that such action is reasonably necessary to protect the personal safety or property of Acomorate, its Users, or third parties, or to prevent fraud or other illegal activity: refuse to surface, delete or delay any Property Profiles, Ratings, Reviews, Rental Reports, or other User Content; limit your access to or use of the Acomorate Platform; temporarily or permanently revoke any special status associated with your Acomorate Account; or temporarily or in case of severe or repeated offenses permanently suspend your Acomorate Account. In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Acomorate and an opportunity to resolve the issue to Acomorate's reasonable satisfaction.
7.5When this Agreement has been terminated, you are not entitled to a restoration of your Acomorate Account or any of your User Content. If your access to or use of the Acomorate Platform has been limited or your Acomorate Account has been suspended or this Agreement has been terminated by us, you may not register a new Acomorate Account or access and use the Acomorate Platform through an Acomorate Account of another User.
8.NoneIf you choose to use the Acomorate Platform or Collective Content, you do so voluntarily and at your sole risk. The Acomorate Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the Acomorate Services, laws, rules, or regulations that may be applicable to any Property Profiles, their corresponding Addresses, and that you are not relying upon any statement of law or fact made by Acomorate relating to a Property Profile or its corresponding Address.
If we choose to conduct identity verification or background checks on any User, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a User or guarantee that a User will not engage in misconduct in the future.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
9.1Unless you reside in the EU, 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 Acomorate Platform and Collective Content, your stay at any Address that you evaluate on Acomorate, or any other interaction you have with other Users whether in person or online remains with you. Neither Acomorate nor any other party involved in creating, producing, or delivering the Acomorate Platform or Collective 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 (i) these Terms, (ii) from the use of or inability to use the Acomorate Platform or Collective Content, (iii) from any communications, interactions or meetings with other Users or other persons with whom you communicate, interact or meet with as a result of your use of the Acomorate Platform, or (iv) from your publishing or editing of a Property Profile. In no event will Acomorate’s aggregate liability arising out of or in connection with these Terms and your use of the Acomorate Platform including, but not limited to, from your creation or editing of any Property Profiles via the Acomorate Platform, or from the use of or inability to use the Acomorate Platform or Collective Content and in connection with any Address, or interactions with any other Users.
9.2If you reside in the EU, Acomorate is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. Acomorate is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of Acomorate in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of Acomorate is excluded.