Terms of Use
ZoomMate Inc. (“ZoomMate”) OWNS AND OPERATES THE WEBSITE LOCATED AT ZOOMMATE.COM (“Website”) AND THE ZOOMMATE APPLICATION (the “ZOOMMATE APP”). THESE TERMS OF USE APPLY TO ALL USERS OF THE WEBSITE, INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE WEBSITE, USERS WHO USE SERVICES PROVIDED THROUGH THIS WEBSITE, USERS WHO DOWNLOAD THE ZOOMMATE APP AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE.
BY USING THIS WEBSITE AND/OR THE ZOOMMATE APP YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THE ZOOMMATE APP OR THIS WEBSITE OR ANY OF ITS CONTENT OR SERVICES. THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY ZOOMMATE FROM TIME TO TIME WITHOUT NOTICE AND THE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES. YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THIS WEBSITE FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF USE, UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
- The Service. ZoomMate provides an online platform that connects individuals (“Applicants”) looking for both rental accommodation and potential roommates to share that accommodation to property managers and/or owners (“Landlords”) who have rental accommodation (“Accommodation”) available, and which Accommodations may be listed on the Service (“Listing”) (collectively, the “Services“), which Services are accessible at the Website and the ZoomMate App. In order to access the Service, you must be a registered user and you can use the Service from a computer or a personal mobile device if you have downloaded the ZoomMate App.
- What is not included in the Service: THE WEBSITE, APP AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH LANDLORDS MAY CREATE LISTINGS FOR ACCOMMODATIONS AND APPLICANTS MAY LEARN ABOUT OTHER APPLICANTS AND APPLY TO RENT ACCOMMODATIONS DIRECTLY WITH THE LANDLORDS. YOU UNDERSTAND AND AGREE THAT ZOOMMATE DOES NOT CARRY OUT ANY SCREENING OR OTHER FORM OF ASSESSMENT OR BACKGROUND CHECK OF ANY APPLICANT, AND IS NOT RESPONSIBLE FOR ANY ACT OR OMMISSION OF ANY APPLICANT. YOU FURTHER UNDERSTAND AGREE THAT ZOOMMATE IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN APPLICANTS OR BETWEEN APPLICANTS AND LANDLORDS, NOR IS ZOOMMATE A REAL ESTATE BROKER, AGENT OR INSURER. ZOOMMATE HAS NO CONTROL OVER THE CONDUCT OF APPLICANTS, LANDLORDS AND OTHER USERS OF THE WEBSITE, APP AND SERVICES OR ANY ACCOMMODATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- Listings: IF YOU CHOOSE TO CREATE A LISTING AS A LANDLORD ON THE SERVICE, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH ZOOMMATE IS LIMITED TO BEING A USER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF ZOOMMATE FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF ZOOMMATE. ZOOMMATE DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR LISTING, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR LISTING, OR ANY OTHER MATTERS RELATED TO ANY LISTING, THAT YOU PROVIDE. AS A USER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF ZOOMMATE, INCLUDING BY INAPPROPRIATELY USING ANY ZOOMMATE INTELLECTUAL PROPERTY.
- How the Website, App and Services Work:
- The Website, App and Services can be used to facilitate the grouping of Applicants into a single group who can apply for a lease of a Listing, and the listing of Accommodations so that such groupings of Applicants can apply to lease them. Such Accommodations are included in Listings on the Website, App and Services by Landlords. If you wish to lease Listed Accommodation then the Applicants and Landlord must separately enter into a lease in respect of such Accommodation ZoomMate does not provide any services beyond the initial introduction of grouped Applicants and Landlords in respect of the creation, execution or confirmation of any such lease.
- As stated above, ZoomMate makes available an online platform or marketplace with related technology for (i) Applicant to to find other Applicants with whom they would like to lease a Listing; and (ii) grouped Applicants and Landlords to meet online and arrange for leasing of Accommodations directly with each other. ZoomMate is not an owner or operator of properties, nor is it a provider of properties, and ZoomMate does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations or transportation or travel services. Unless explicitly specified otherwise in the ZoomMate platform, ZoomMate’s responsibilities are limited to facilitating the availability of the Website, App and Services.
- ZOOMMATE CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS. ZOOMMATE IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACCOMMODATIONS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE USER’S OWN RISK.
- Fees: No fees are payable by an Applicant in respect of the use of the Service. Fees may be payable by Landlords in respect of the use Service, and shall be specified on the Website (as may be amended by ZoomMate from time to time). All fees are payable within 30 days of the date of invoice. All fees are exclusive of any applicable taxes, which must be paid in addition to such fees.
- Content. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website by viewers or users whether in forums or otherwise (“User Content”), is the sole responsibility of such viewers or users. This means that the viewer or user, and not ZoomMate, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. ZoomMate does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will ZoomMate be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.
- Restrictions on User Content and Use of the Service. ZoomMate reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.
In using the Website, ZoomMate App and/or Service You shall not:
- copy any content unless expressly permitted to do so herein;
- upload, post, email, transmit or otherwise make available any material that:
- is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
- You do not have a right to make available under any law or under a contractual relationship;
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
- is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or
- contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way
- impersonate any person or entity or misrepresent their affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization;
- interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
- collect or store personal data about other users or viewers;
- license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or ZoomMate App; or
- modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the ZoomMate App or any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law.
You also agree not to access the Website in a manner that utilizes the resources of the Website more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.
- License of Content. By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content . ZoomMate will not be responsible or liable for any use of User Content in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.
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End User License. Except for User Content, the ZoomMate App, this Website, and the information and materials that it contains, are the property of ZoomMate and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws.Subject to the terms of this Agreement, ZoomMate grants you a non-transferable, non-exclusive, license to (a) use the Website for your use, and (b) download, install and use one copy of the App on a mobile device that you own or control for your use (the “License”). The ZoomMate App is licensed to you and not sold. Nothing in the Terms gives you a right to use the ZoomMate or ZoomMate names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to functionality of the Website or ZoomMate App shall be subject to the terms of these Terms.
- Feedback. If You provide ZoomMate with any suggestions, comments or other feedback relating to any aspect of the Website, ZoomMate App and/or Service ("Feedback"), ZoomMate may use such Feedback in the Website or in any other ZoomMate products or services (collectively, "ZoomMate Offerings"). Accordingly, You agree that: (a) ZoomMate is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to ZoomMate, (c) ZoomMate (including all of its successors and assigns and any successors and assigns of any of the ZoomMate Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any ZoomMate Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from ZoomMate or any of the other users of the Website in respect of the Feedback.
- Advertising. You acknowledge and agree that the Website may contain advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the Website, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that ZoomMate shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings. You shall be responsible for obtaining access to the Website and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Website. It is your responsibility to ascertain whether any information or materials downloaded from the Website are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.
- Links & Third-Party Websites. This Website (including User Content) may contain links to other websites that are not owned or controlled by ZoomMate. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by ZoomMate of that third party, third party product or service. ZoomMate is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website(s) does not imply that ZoomMate endorses or accepts any responsibility for the content or use of such websites, and You hereby release ZoomMate from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
While ZoomMate does not prohibit linking to third party websites and content, it does not wish to be linked to or from any third-party web site which contains, posts or transmits any of the prohibited content in Section 3 of these Terms of Use. ZoomMate reserves the right to prohibit or remove (or require You to remove) any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time.
- DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE WEBSITE, SERVICE, ZOOMMATE APP AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS." ZOOMMATE SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. ZOOMMATE DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE INCLUDING WITHOUT LIMITATION ANY RENTAL PROPERTY THAT MAY BE LISTED ON THE WEBSITE, AND ZOOMMATE SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY (INCLUDING WITHOUT LIMTIATION ANY CONTRACT BETWEEN ANY END USER(S) AND LANDLORDS). ZOOMMATE WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL ZOOMMATE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE, ZOOMMATE APP OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR ZOOMMATE APP, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF ZOOMMATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ZOOMMATE’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID ZOOMMATE IN THE PRIOR 12 MONTHS (IF ANY) THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
- INDEMNIFICATION. YOU SHALL INDEMNIFY AND HOLD ZoomMate AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCURRED IN CONNECTION WITH ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICE AND/OR ANY VIOLATION BY YOU OF THESE TERMS OF USE.
- Termination. ZoomMate may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or any other agreement that You may have with ZoomMate (including, without limitation, non-payment of any fees owed in connection with the website or otherwise owed by You to ZoomMate), (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities. Termination of Your access to the Website may also include removal of some or all of the materials uploaded by You to the Website. You acknowledge and agree that all terminations may be made by ZoomMate in its sole discretion and that ZoomMate shall not be liable to You or any third-party for any termination of Your access to this Website or for the removal of any of the materials uploaded by You to the Website. Any termination of these terms of use by ZoomMate shall be in addition to any and all other rights and remedies that ZoomMate may have.
- Availability & Updates. ZoomMate may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website, Service and/or ZoomMate App may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. ZoomMate may periodically add or update the information and materials on this Website without notice.
- Security. Information sent or received over the Internet is generally unsecure and ZoomMate cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. ZoomMate will not be liable for any loss or damage arising from your failure to comply with these requirements.
- General. These Terms of Use, together with any privacy policy that may be published on the Website, constitutes the entire agreement between the parties relating to the Website and Service and all related activities. These terms of use shall not be modified except in writing signed by both parties or by a new posting of these terms of use issued by ZoomMate. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of ZoomMate to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by ZoomMate must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the terms of use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without ZoomMate’s prior written consent.
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the ZoomMate App or Service, please contact us at: info@ZoomMate.com
Effective Date: January 1st 2017