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Our Policies

Landlord and Agent Terms of Use

1 INTRODUCTION

1.1 These terms and conditions of use (“Landlord, Agent, and Reference Provider Terms of Use”) govern your access and use of your account and the HomeHak platform located at www.homehak.com including all information, tools and services available from that HomeHak platform, our mobile app and any other services provided by HomeHak (together, our “Services”).

1.2 The HomeHak platform is operated by Lifehak Enterprises Limited t/a HomeHak.com, a company incorporated under the laws of Ireland, with company number 640453 and registered address office at Springvale, Broghill, Charleville, Co. Cork, Ireland (“we”, “us” or “our”). Our mission is to help people get selected for homes they love and help people in the home renting sector know who they can trust. Our services also facilitate employers who want to help employees rent a home near their workplace. We provide a platform service to connect landlords and letting agents with tenants and are not a letting agent or estate agent.

1.3 You can contact us by emailing us at support@HomeHak.com or by telephoning us at +353879959759.

1.4 DEFINITIONS

For the purpose of these Landlord, Agent, and Reference Provider Terms of Use:

You or Your means any person who has been provided with a Landlord, Agent and/or Reference Provider account by us and who visits and has permission to access and use our Services or is otherwise considered a Landlord, Agent and/or Reference Provider for the purposes of these Landlord, Agent and Reference Provider Terms of Use.

Landlord means a company or organisation, an individual homeowner, a Tenant with permission to sublet a property, a professional or consultant who accesses our Services to find a Tenant (or Tenants) for a property (or part of a property) and/or has a Landlord account, and is legally authorised to offer accommodation for rent on the HomeHak platform.

Agentmeans a company or organisation, an individual professional or consultant who has been appointed on behalf of a Landlord (or Landlords), to find a Tenant (or Tenants) for a property (or part of a property), and is legally authorised to offer accommodation for rent, on the HomeHak platform.

Tenant means an individual who accesses our Services to search for rental accommodation and/or has a Tenant account to avail of the Services.

Reference Provider means a person, a company, an organisation or a representative of a company or organisation providing a reference for a Tenant, Landlord or Agent.

Employer means a company or organisation or representative of a company or an employer organisation who accesses our Services for the purpose of assisting employees of the company or employer organisation who has registered for the HomeHak platform for the purpose of assisting its employees in finding accommodation using the HomeHak platform.

For the avoidance of doubt, any person who browses our platform and is neither a Landlord, an Agent, an Employer or a Reference Provider shall be considered as a Tenant for the purposes of these Landlord, Agent and Reference Provider Terms of Use.

2 APPLICABLE TERMS

2.1 As well as these Landlord, Agent and Reference Provider Terms of Use, please also see the following additional documents, which are not part of these Landlord, Agent and Reference Provider Terms of Use:

2.1.1 our Privacy Policy available at www.HomeHak.com/PrivacyCentre;

2.1.2 our Cookie Policy available at www.HomeHak.com/Privacy-Centre.

2.2 If you are a business user in the EEA/UK:

some sections of these Landlord, Agent and Reference Provider Terms of Use apply only if you are a business user as defined in Article 2(1) of Regulation (EU) 2019/1150 on promoting fairness and transparency for business users of online intermediation services (the “P2B Regulation”). In summary, if (i) you are acting in a commercial or professional capacity and (ii) you offer goods or services to consumers through HomeHak’s intermediation services and (iii) your place of residence or establishment is within the EEA or the United Kingdom, you are likely a business user under the P2B Regulation, and will be considered a “Business User” for the purposes of these Landlord, Agent and Reference Provider Terms of Use.

2.3 Additional terms and conditions and policies may apply to specific elements or features of our Services. These additional terms and policies are incorporated into these Landlord, Agent and Reference Provider Terms of Use.

2.4 You should familiarise yourself with these Landlord, Agent and Reference Provider Terms of Use and all of the documents listed above as they form the basis of our legal relationship with you and they affect your rights and liabilities under the law.

3 ACCEPTING THESE LANDLORD, AGENT, AND REFERENCE PROVIDER TERMS OF USE

3.1 By accessing or using our Services, you confirm that you have read, understand and accept the Landlord, Agent and Reference Provider Terms of Use, and are agreeing to comply with these Landlord, Agent and Reference Provider Terms of Use. If you do not agree with these Landlord, Agent and Reference Provider Terms of Use you must not access or use our Services. We recommend that you print a copy of these Landlord, Agent and Reference Provider Terms of Use for future reference.

4 SERVICES

4.1 Our Services which are made available to you from time to time will, amongst other things, allow you to:

4.1.1 access Tenant CVs and/or Preview Tenant CVs (defined below) which contain details about prospective Tenants like personal information, employment information and references;

4.1.2 create, publish and manage advertisements for properties or rooms to let;

4.1.3 communicate with Tenants, Landlords, Agents, or Reference Providers on the HomeHak platform about a particular rental property;

4.1.4 verify your credentials as a Landlord, Agent, or Reference Provider by using our ID verification process;

4.1.5 invite people to view a property on the HomeHak platform;

4.1.6 upload, download, copy or share portions of information, including data, text, sound, images, photographs, graphics, video, messages, documents and other materials for the purposes relating to your use of the HomeHak platform and associated services;

4.1.7 view third party material and send and receive messages between you and Tenants, Landlords, Agents, Employers and Reference Providers on our Services;

4.1.8 upload and store information on HomeHak related to your profile or renting a property or room;

4.1.9 create a profile on the platform as a trustworthy Landlord, Agent or Reference Provider;

4.1.10 search the HomeHak platform for Tenants in a specific location;

4.1.11 contact Tenants, Landlords, Agents,Employers or Reference Providers in connection with a particular Tenant;

4.1.12 contact Reference Providers to verify references provided;

4.1.13 invite people to view a property on the HomeHak platform;

4.1.14 invite people to provide you with a reference;

4.1.15 provide references forother people who are members of the HomeHak platform;

4.1.16 store your contact details so you can be contacted by sombody who wants to request a reference from you or verify a reference you have provided

4.1.17 review information about locations and businesses in the HomeHak Local Guides, if they are available;

4.1.18 review information and other guidance in the HomeHak blog, the HomeHak Help Centre and other pages which are designed to provide helpful information;

4.1.19 review, filter, sort and shortlist Preview Tenant CVs, on HomeHak Tenant Selector or HomeHak Student Selector or HomeHak for Employers

4.1.20 make your HomeHak profile available for printing by You or other users

4.1.21 share details of your HomeHak profile by sharing a unique URL link or QR code on social media, email or other channels;

4.1.22 make your HomeHak profile available for sharing by other users with a unique URL link or QR code or unique HomeHak Tenant CV code on social media, email or other channels; and

4.1.23 store information on HomeHak relating to the process of renting of property to Tenants.

4.2 As part of our Services, we may review your account and access, store, process and use any information and personal data that you provide in accordance with the Privacy Policy and your choices (including settings) in order to assist you or to help you improve your account, for example by providing assistance on a customer support ticket, by informing you when applicants have applied or shortlisted your property but you have not taken action, by helping to shortlist applicants or help resolve any ID Verification or referencing issues.

5 PAYMENT

5.1 For the access and use of our Services, you will be required to pay the applicable Fees as set out on our website located at www.homehak.com

5.2 The Payment Terms and Conditions will govern your payment of Fees to us.

5.3 You may save your credit and debit card details for future payments of our Services.

6 CREATING A LANDLORD, AGENT OR REFERENCE PROVIDER ACCOUNT

6.1 To access and use the Services as a Landlord or Agent, you must create a Landlord or Agent account (as applicable) and pay the required Fees. To access and use the Services as a Reference Provider, you must create a Reference Provider account.

6.2 Your account is subject to the following:

6.2.1 you must be at least 18 years old:

6.2.2 any personal information you provide must be accurate, up-to-date and truthful and you must keep such information up-to-date;

6.2.3 an account is non-transferable;

6.2.4 your compliance at all times with these Landlord, Agent and Reference Provider Terms of Use; and

6.2.5 you are solely responsible for all activity on your account or anything that happens using your username or password.

7 ACCOUNT SECURITY

7.1 When you register your account with us, you will be required to perform two-factor authentication. This will require you to verify your email address and your mobile number. You should treat your password as secure and confidential. You are responsible for keeping this information safe and must not disclose it to any third party. If you know or suspect any unauthorised use of your account, username, password, or of any other security breach you must immediately change your password and contact us.

8 YOUR RESPONSIBILITIES

8.1 When using and accessing our Services, you must comply with all applicable laws.

8.2 You must have access to the internet or other network service in order to access or use our Services. It is your responsibility to select, obtain and pay for internet and network access (including excess charges if you exceed any data caps) and any equipment, internet access or services necessary for such internet or other network access and to comply with the terms and conditions of the relevant service providers. We are not responsible for the failure of such internet or network services. You acknowledge that the quality and bandwidth of your internet or network service will affect the quality and speed of access to and use of our Services.

8.3 You are responsible for making all arrangements necessary for you to have access to or use our Services and for ensuring that your device and software meets the minimum specifications and is configured correctly. You should use your own virus protection and firewall software. You are solely responsible for regularly backing up your content and data used in connection with our Services.

8.4 You are responsible for ensuring that all persons who access our Services through your device or internet account are aware of these Landlord, Agent and Reference Provider Terms of Use and other applicable terms and conditions, and that they comply with them.

8.5 By using our Services, you acknowledge that the transmission of data over the internet can never be completely secure and you accept the risk that others may be able to read or intercept any of your content or other information, text, media, graphics you submit or send to or through our Services. This includes transmissions that are identified as secure or encrypted.

8.6 You agree to comply with your obligations under Equal Status Acts 2000-2020 (as amended or replaced from time to time) in respect of your activities on our Services.

8.7 You are solely responsible for the content appearing in any of your advertisements, your profile, the profiles of your staff, messages, information and representations on the platform and for the property let following an advertisement. We are not responsible for the properties appearing on our Services that you advertise for rent, nor are we responsible for the content appearing in any of the advertisements or communications in relation to the property.

8.8 If you are acting in the course of a business or trade, your advertisement(s) on the HomeHak platform must comply with applicable EU and Irish consumer protection law.

8.9 If you are a consumer user, you acknowledge that we only provide our Services for private and domestic use. You agree not to use our Services for any commercial or business purposes.

9 YOUR CONTENT

9.1 You are solely responsible for your conduct and any advertising or other information that you submit, post, and/or display on the HomeHak platform. You agree not to post advertising or other information contrary to the Content Policy, these Landlord, Agent and Reference Provider Terms of Use or any applicable law.

9.2 Due to the real-time nature of the HomeHak platform, we cannot review the contents of advertising, messages or other information posted to the HomeHak platform and we do not confirm the validity of information submitted by you, Tenants, other Landlords, Agents, Employers or Reference Providers.

9.3 We do not actively monitor advertising or other information posted on our Services but we reserve the right to take down advertisements or other information that comes to our attention via a complaint or that we believe to be contrary to our Tenant Terms of Use, Landlord, Agent and Reference Provider Terms of Use, Employer Terms of Use, or Privacy Policy.

9.4 By uploading and posting any property listing on the HomeHak platform, you grant us a licence to use, modify, publicly perform, publicly display, reproduce, and distribute such material whether on the HomeHak platform, any website, email or social media channel in the performance of our Services. You also grant us a licence to modify your profile or property advertisement by reformatting it, deleting parts or making other modifications where corrections are required. The licence you grant to us is non-exclusive, royalty-free and fully paid, sub-licensable, and worldwide. The licence applies only to use of the advertisements or other information to secure, provide, operate and improve our Services.

9.5 By posting any advertisements or other information on our Services, you represent and warrant that:

9.5.1 you own what is being advertised or other information posted by you or otherwise have the right to grant the licence referenced in 9.4 above; and

9.5.2 the posting of the advertisements, profile information or other information does not violate the privacy rights, publicity rights, intellectual property rights, confidentiality, contract rights or any other rights of any person, company or entity. You agree to pay all royalties, fees, or any other monies owing to any person by reason of any advertisements or other information posted by you to or through the HomeHak platform.

9.6 Information: When submitting information on the HomeHak platform, you must provide accurate, current and complete information.

9.7 When publishing advertisements or information on our Service, it is our policy (our “Content Policy”) that your content may not:

9.7.1 contain any discriminatory, offensive or defamatory language;

9.7.2 contain spam or promote illegal or harmful activity or violate another person’s rights;

9.7.3 endorse or promote illegal or harmful activity, or be sexually explicit, violent, graphic, threatening or harassing;

9.7.4 discriminate or attempt to impersonate another person, account or business;

9.8 Account details: Your contact details and account details must be correct, and if you are an Agent, you must have the permission of the property owner to display their contact details on your profile or advertisement.

9.9 Images and video files: Photos and video files uploaded for each property listed by a Landlord or Agent on the HomeHak platform must be of the corresponding property and/or land described. You must have the necessary copyright to use the photos associated with the property advertised.

9.10 Property Description: You should: (i) advertise each property listing and (ii) communicate with Tenants, Landlords, Agents, Employers and Reference Providers in English as the primary language, unless otherwise agreed. The description of the property must accurately describe the property features and facilities. You may not copy the description from another Landlord or Agent’s listing. The address and postcode/eircode of the property must be correct. The property description which accompanies the advertisement on the HomeHak platform should comply with the Advertising Standard Authority of Ireland Code of Standards for Advertising and Marketing Communications in Ireland (www.asai.ie/asaicode/) or any equivalent code or regulation.

9.11 Rental Price: You control the property rental price and on what terms and conditions you rent property to Tenants. We do not monitor your compliance with landlord or agent obligations under applicable law.

9.12 Listing Limitations: the HomeHak platform should not be used by Landlords or Agents to advertise or promote anything other than property for rent. Each property can only be advertised at one time on the HomeHak platform and duplicates will be automatically deleted.

9.13 Listing Legal Requirements: Discrimination in advertising is not permitted and all advertising must comply with all applicable laws as regards property listings and/or accommodation advertising (including, but not limited to, the requirement to include a BER rating in the property advertisement where applicable). A Landlord or Agent must not discriminate against a particular Tenant in their listing or selection process: (i) on the basis of being in receipt of housing assistance, rent supplement or other social welfare payments under the Equality (Miscellaneous Provisions) Act 2015 or (ii) in a manner which breaches the Equal Status Acts 2000-2015 or equivalent legislation.

9.14 Access to Data: Business Users will have access to personal and other data via their account which is provided by Business Users and other users to us for the purpose of maintaining our Services. You will have access to your personal data, Tenant data, and the content that you provide to us on our Services. You may access aggregated data relating to your messaging activity, such as the aggregate number of messages sent, delivered, read, and received on our Services.

9.15 Use of brand/logo: If you are a Landlord, Agent or Reference Provider who is a Business User, you grant us a licence to use, publicly display, reproduce, and distribute your logo and/or brand whether on the HomeHak platform, any website email, online or offline marketing channel, or social media channel, for the purpose of providing our Service for however long you are registered with the HomeHak platform and a reasonable period thereafter. We may also use publicly available information about the Business User on the HomeHak platform.

9.16 As a Landlord or Agent you agree that each property offered on the platform meets the minimum standards set out in the Housing (Standards for Rented Houses) Regulations 2019 (www.irishstatutebook.ie/eli/2019/si/137/made/en/print). We do not monitor your compliance with landlord or agent obligations under applicable law.

10 RESTRICTION, SUSPENSION AND TERMINATION

10.1 These Landlord, Agent and Reference Provider Terms of Use are effective unless and until terminated by either you or us. You may terminate your account at any time by clicking the “Permanently delete my account” button in the Account settings section in HomeHak.

10.2 We may, at any time, limit, suspend or withdraw the availability of all or any part of our Services or the HomeHak platform. For example, we may need to do this for business and operational reasons or to address security issues or changes in law. We will try to give you prior reasonable notice of any limitation, suspension or withdrawal and we will issue you a refund of prepaid Fees for the remaining part of the currently active period if we withdraw the Services. We are not liable to you or to any third party for any modification, suspension or discontinuance of our Services.

10.3 If you (i) breach these Landlord, Agent and Reference Provider Terms of Use; (ii) upload advertisements and information which breaches our Content Policy; or (iii) you are the subject of complaints about your performance or conduct on our Services, this may result in a range of actions being taken by us, including:

10.3.1 removal of property listings;

10.3.2 suspension of access to your account; or

10.3.3 termination of your account.

10.4 Advertisements and other information which are found to be in breach of our Content Policy will be removed without prior notification and no refund in respect of Fees paid will be given.

10.5 If we (acting reasonably) take action to restrict, suspend or terminate a Business User’s account, the Business User will be given a clear explanation of our reasons for doing so and the grounds which we rely on. The Business User will have the opportunity to clarify the facts and circumstances leading to such a decision. We will engage with a Business User and if we determine that the restriction, suspension or termination is not appropriate, we will reactivate the Business User’s account without undue delay.

10.6 In the event that we decide to terminate a Business User’s account, we will give the Business User 30 days’ prior notice unless a legal or regulatory obligation requires us to terminate the account in a shorter timeframe or the Business User has repeatedly breached their obligations under the Landlord, Agent and Reference Provider Terms of Use) and the relevant reasons for termination (except if we are legally restricted from giving reasons or if the Business User has repeatedly breached these Landlord, Agent and Reference Provider Terms of Use).

10.7 You are solely responsible for your conduct and any advertising or other content that you submit, post, and/or display on our Services. You agree not to post advertising or other content contrary to these Landlord, Agent and Reference Provider Terms of Use or any applicable law.

11 AMENDING THESE LANDLORD, AGENT AND REFERENCE PROVIDER TERMS OF USE

11.1 We may change these Landlord, Agent and Reference Provider Terms of Use or any other policies and terms from time to time. If we make a change to the Landlord, Agent and Reference Provider Terms of Use, we will provide Business Users with at least 15 days’ notice of the changes before they come into effect by email. Where we make significant changes to the Landlord, Agent and Reference Provider Terms of Use, for example where we add or remove significant features of our Services, we will provide Business Users with 30 days’ notice. We will not be required to give Business Users notice of changes if a legal or regulatory obligation requires immediate changes to our Landlord, Agent and Reference Provider Terms of Use or in the event that we need to defend against fraud, spam, malware, data breaches or other cybersecurity risks. If you disagree with the revised Landlord, Agent and Reference Provider Terms of Use, you may terminate access to the Services and you will be refunded any prepaid Fees for the remaining part of the currently active period (excluding any past Fees paid for any prior periods). If you continue to use or access our Services following the posting of any changes, this will constitute acceptance of our revised Landlord, Agent and Reference Provider Terms of Use.

12 CHANGES TO THE HOMEHAK PLATFORM

12.1 We may update and change the functionality and features of the HomeHak platform from time to time but we have no obligation to update any information on the HomeHak platform. We will try to give you reasonable notice of any significant changes by posting a message on the platform. Any new features or tools which are added to the current HomeHak platform are also subject to the Landlord, Agent and Reference Provider Terms of Use.

13 INTELLECTUAL PROPERTY

13.1 We are the owner or licensee of all intellectual property rights in the HomeHak platform and in the material published on it, including text, graphics, user interfaces, visual interfaces, illustrations, photographs, trademarks, logos and computer code, the design, structure, arrangement, selection, coordination, expression, and ‘look and feel’ of our Services (together, “Our Content”). All of these rights are protected by copyright and other intellectual property laws and treaties around the world. No licence is granted to you in these Landlord, Agent and Reference Provider Terms of Use or elsewhere to use any trade mark owned by us or any of our affiliates.

13.2 You must not alter, reproduce, republish, sell, disseminate, distribute, transmit, broadcast or commercially exploit any part of Our Content or the design or look and feel of Our Services or the HomeHak platform, unless we agree in writing in advance. You may not store, link, frame, scrape or deep-link Our Content on any other service, website or app or in any other medium or format unless we agree in writing in advance.

13.3 You must always acknowledge our status and that of any identified contributors as the authors of material on our site.

13.4 We are entitled to investigate any suspected or actual improper, illegal, or unauthorised use of Our Content or our Services (or any part of it) and we are entitled to take any legal action we deem appropriate.

14 THIRD PARTY TOOLS AND CONTENT

14.1 Our Services may include content or tools from third parties such as an ID verification feature. We do not monitor or have any control or input over these content or tools. We provide access to these content and tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We are not responsible or liable for the availability or accuracy of these content or tools, for your use of these tools and content, or for any dealings you may have with any third party in connection with or as a result of these content or tools. Any use by you of tools or content offered through our Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which any content or tools are provided by the relevant third party provider(s).

15 LINKS TO THIRD PARTIES

15.1 Certain information, products services and materials available through our Services may include materials from third parties and/or property advertisements from letting agent websites and/or property advertising platforms. Our Services may also contain links to third party websites that are not affiliated with us. These links are provided for your convenience only and do not amount to an endorsement of any information or materials contained on those sites. We are not responsible for examining or evaluating and have no control over the information, products, services or materials on or available from third party services, or their availability or accuracy. We do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other information, materials, products, or services of third parties. You access these at your own risk.

15.2 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. You should carefully review the third party's policies and practices and make sure you understand them before you engage in any transaction. You must direct any complaints, claims, concerns, or questions regarding third-party products to the relevant third party.

16 LINKING TO THE HOMEHAK PLATFORM

You may link to the Services including the HomeHak platform only if you do so in a manner that is fair and reasonable and that does not harm our reputation and does not take advantage of it. You may not link in such a manner as to suggest any form of association on our part, unless you have received our prior written approval. We may withdraw our permission to any linking permission at any time without having to give prior notice.

17 ACCEPTABLE USE

17.1 You must not (and you must not allow anyone to) access or use our Services, any of Our Content for any of the following purposes:

17.1.1 in violation of any applicable law;

17.1.2 for any unlawful, fraudulent or malicious purpose or effect;

17.1.3 for the purpose of harming or attempting to harm children in any way;

17.1.4 to promote illegal activity or violence;

17.1.5 to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

17.1.6 to submit false or misleading information;

17.1.7 in any way that violates any law or infringes the rights (including the privacy or intellectual property rights) of us or anyone else;

17.1.8 interfering or disrupting any networks or websites connected with our Services or interfering or disrupting any other person's use of our Services;

17.1.9 attempting to gain unauthorised access to our Services, any part or feature of our Services, or any servers, equipment, software, systems or networks associated with our Services;

17.1.10 to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the HomeHak platform or any other services, our Services or the internet;

17.1.11 to collect or track the personal information of others or to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form or similar solicitation (‘spam’); or

17.1.12 for hacking into or inserting malicious code, such as viruses, or harmful data, into our Services, or any other network or system.

17.2 You agree not to circumvent the security features of the HomeHak platform or reproduce, duplicate, copy, sell, resell or exploit any portion of our Services, use of our Services, or access to our Services or any contact on our Services through which any of our services are provided, unless you first receive our express written permission.

17.3 We are permitted to suspend or terminate your right to use of our Services or any related services if you violate this clause 17.

18 FEEDBACK

18.1 You agree that any feedback, reviews, messages or other content you submit (“comments”) must:

18.1.1 not violate the rights of any third party (including intellectual property rights);

18.1.2 not contain libellous or otherwise unlawful, abusive or obscene material; and

18.1.3 not contain any computer virus or other malware that could in any way affect the operation of our Services or any related services or website.

18.2 You are solely responsible for any comments you make and their accuracy. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. We take no responsibility and assume no liability for any comments posted by you or any third party.

18.3 We may, but have no obligation to, monitor, edit or remove any comments that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or that violate any party’s rights (including intellectual property rights) or these Landlord, Agent and Reference Provider Terms of Use.

19 OUR LIABILITY

19.1 You should read this clause carefully as it excludes and limits our legal liability in connection with your use of our Services to the fullest extent permitted by applicable law.

19.2 Our Services and Our Content: Our Services have not been developed to meet your individual requirements. You should not use or rely on results or information obtained from our Services as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material in our Services is at your own risk. We aim to ensure that our Services and Our Content are accurate at the time of publication, however, our Services or our Content or features may change from time to time and we are not responsible if information made available on our Services is not accurate, complete or current. We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free. To the extent allowed by applicable law, our Services and Our Content are provided on an ‘as is’ and ‘as available’ basis and without any warranties, undertakings or representations (whether express, implied or statutory), whether with respect to merchantability, fitness for a particular purpose, non-infringement, title, availability, compatibility, security or accuracy.

19.3 Content you access: We do not actively monitor information, advertising, messages, or other material posted by Tenants, Landlords, Agents, Employers, Reference Providers and any other third parties. This includes the information set out in the Preview Tenant CVs, Tenant CVs, messages or other material posted by Tenants and in the profiles, property advertisements, messages and content posted by Landlords, Agents, Reference Providers, Employers and any other third parties and we are not responsible and give no warranty or representation in relation to the accuracy or legality or decency of advertising and other information posted on our Services. You understand that all information uploaded to our Services is the sole responsibility of the person from which such content originated and that we will not be responsible for any errors or omissions in any content. In addition, we do not vet any of the Tenants, Landlords, Agents, Employers, or Reference Providers or the properties of Landlords or Agents and you should ensure that any arrangement you enter into with a Tenant, Landlord, Agent, Employer or Reference Provider is suitable for your requirements. We make an ID verification process available for Tenants, Landlords, Agents, Employers and Reference Providers accessing our Services but we cannot guarantee the authenticity of any information which these persons may provide about themselves or relationships they may describe.

19.4 Interactions with Tenants and other users: You can use the Services to interact with Tenants, Landlords, Agents, Employers and Reference Providers for the purposes of renting out a particular property as an independent individual or entity. We are not liable for any loss or damage caused by your interactions with Tenants, Landlords, Agents, Employers or Reference Providers on the HomeHak platform. Please be careful and exercise caution and good judgement in all interactions with others.

19.5 Your content and data protection: You are responsible if your content violates or infringes the Intellectual Property Rights or privacy rights of third parties.

19.6 To the fullest extent permitted by applicable law, we and our affiliates and business partners and our and their respective directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors, are not liable for:

19.6.1 any direct, indirect or consequential loss or damage; or

19.6.2 any loss, corruption or damage to equipment, property or systems; wasted management or office time; any business interruption; or any loss of profits, income, revenues, goodwill or reputation, data, contracts, use, opportunity, business or anticipated savings, or any similar damages; or

19.6.3 any other loss or damage of any kind, however arising and even if foreseeable, whether based in contract, tort (including negligence), strict liability or otherwise, arising out of or in connection with our Services, any of Our Content, these Landlord, Agent and Reference Provider Terms of Use, or from your use of, or inability to use, our Services (or any part of them), or the information displayed on it (including any errors, inaccuracies or omissions in such information or any faults, interruptions or delays in connection with our Services).

19.7 We do not exclude or limit in any way our liability for death or personal injury caused by our negligence or the negligence of our employees or agents or for fraud or fraudulent misrepresentation or in any other way that is not allowed under applicable law.

19.8 Subject to clause 19.6, our total aggregate liability to you for all other claims, losses, liabilities, costs and expenses, whether in contract, tort (including negligence) or otherwise, arising under or in connection with our Services will not exceed €100.

20 INDEMNITY

20.1 To the fullest extent allowed by applicable law, you will indemnify and keep us and our affiliates and business partners and our and their respective officers, directors, shareholders, employees, agents, licensors and suppliers (each an "indemnified person") indemnified, on demand, from and against all losses, liabilities, damages, judgments, awards, penalties, settlements, fines, costs and expenses (including reasonable legal fees) suffered, incurred or paid out by an indemnified person that arise out of or in connection with:

20.1.1 any violation of the Landlord, Agent and Reference Provider Terms of Use by you;

20.1.2 any claim by any third party that your use of our Services infringes or is alleged to infringe any applicable law or regulation or the legal rights (including the privacy or intellectual property rights) of any other person;

20.1.3 any fine or penalty imposed by any regulator or other body or authority in connection with your use of our Services.

21 DATA PROTECTION

21.1 We will use your personal data as set out in our Privacy Notice.

21.2 If you use any personal data about any person from our Services, you do so as an independent data controller. You are responsible for ensuring that any further use or disclosure of the personal data will be done in accordance with data protection law.

22 GENERAL

22.1 In these Landlord, Agent and Reference Provider Terms of Use, the singular includes the plural and the masculine includes the feminine and neuter and vice versa. The paragraph headings do not form a part of these Landlord, Agent and Reference Provider Terms of Use. Any ambiguities in the interpretation of these Landlord, Agent and Reference Provider Terms of Use shall not be construed against the drafting party. When we use the words "writing" or "written" in these Landlord, Agent and Reference Provider Terms of Use, this includes emails.

22.2 These Landlord, Agent and Reference Provider Terms of Use (including any additional terms, policies or operating rules that we may provide when you engage with a feature of the HomeHak platform), are the only agreement between you and us regarding our Services and supersede all previous agreements, promises, representations, warranties and understandings between you and us regarding our Services including the HomeHak platform.

22.3 We are not responsible or liable for any failure, breach or delay caused by circumstances outside of our control.

22.4 You are not permitted to assign novate or transfer any of your rights or obligations under these Landlord, Agent and Reference Provider Terms of Use. We may assign novate or transfer any or all of our rights and obligations under these Landlord, Agent and Reference Provider Terms of Use to another organisation without your consent. We will tell you by email if this happens.

22.5 Each of the paragraphs of these Landlord, Agent and Reference Provider Terms of Use operates separately. If a court of competent jurisdiction determines any provision or part-provision of these Landlord, Agent and Reference Provider Terms of Use to be invalid, illegal or unenforceable, it will be deemed deleted, but that does not affect the validity and enforceability of the rest of the Landlord, Agent and Reference Provider Terms of Use.

22.6 If you breach any provision of these Landlord, Agent and Reference Provider Terms of Use and we do not take any action, this does not affect our ability to rely on these Landlord, Agent and Reference Provider Terms of Use at a later date.

22.7 The existence, formation, interpretation, operation and termination of these Landlord, Agent and Reference Provider Terms of Use and any matters or disputes arising out of or in connection with them (whether contractual or non-contractual), are governed by and interpreted in accordance with the laws of Ireland. Any controversy or claim arising out of or in connection with these Landlord, Agent and Reference Provider Terms of Use shall be settled by arbitration. The place of arbitration shall be Dublin, Ireland. The language to be used in the arbitral proceedings shall be English. The Arbitration Tribunal shall consist of a single arbitrator appointed by agreement between the parties or, failing agreement between the parties within 30 days after a request for arbitration is made by any party, appointed on the application of any party by the Chairman for the time being of the Chartered Institute of Arbitrators - Ireland Branch.

The Arbitration Tribunal will have exclusive jurisdiction on any matter or dispute (whether contractual or non-contractual) between you and us arising out of or in connection with our Services or the Landlord, Agent and Reference Provider Terms of Use. If you access our Services from a country other than Ireland you are responsible for compliance with the applicable laws in that jurisdiction. You must not access our Services from countries where access or the contents of our Services is illegal.

22.8 If you are a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in the Landlord, Agent and Reference Provider Terms of Use, including the paragraph above, affects your rights as a consumer to rely on such mandatory provisions of local law.

22.9 If you wish to complain or raise a dispute about our Services, you may also be able to use the European Commission’s Online Dispute Resolution platform, which can be found at www.ec.europa.eu/consumers/odr.

Last updated: 26 June 2023

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