GharMove is owned and operated by GharMove Ltd, registered in India. If you wish to contact us, please write to us on [email protected]
1. Use of the website
- You agree that in your use of this website:
- Any information you provide on this website is accurate and reliable to the best of your knowledge (this includes all personal information, contact details and information related to property listings).
- You will not use GharMove to distribute any illegal, obscene, or otherwise harmful material.
- You will not do anything to interfere with other users’ access to the website.
- You will not impersonate others or create false accounts or adverts on the website.
- You will not use software or any other means to harvest information from the website.
- You will not attempt to send spam or other forms of unsolicited information to other users.
- You will not copy material from the GharMove website without our permission.
- You must keep your password secure and will be responsible for any actions of any person logging into the website using your username and password.
2. Legal and residency obligations of landlords
- You agree and warrant when you list a property on this website that:
- You have the right to offer the property for rental and will not breach any law, agreement or contract by doing so (this includes the terms of any mortgage on the property, insurance, fire regulations, gas and electrical safety).
- If you require consent from any third party (such as a mortgage supplier or freeholder) to market or let the property, you have obtained the necessary consents.
- If you are required to possess a license to rent property in a particular region and/or to let or manage particular types of property (such as Houses in Multiple Occupation), that you will comply with all such licensing requirements at all times when advertising with GharMove.
- A valid Landlord Registration Number will be included in any advertisement where this is legally required.
- You will only post or otherwise make available photographs, video, and other information for which you have lawful authority.
- The property and any of the landlord’s contents therein is appropriately insured where applicable.
- The property will meet all other legally required safety obligations
- The property’s windows and doors all lock properly & securely.
- Everything you provide with the property is safe and in working order.
- You are fully responsible for ensuring the property meets the legal requirements for landlords and properties under any relevant legislation, including but not limited to the requirements outlined in this section.
- By using GharMove’s services, landlords & Seller declare that they meet all applicable residency requirements where applicable
3. Risk and Information Quality
- GharMove provides a marketplace for landlords, seller, buyer, and tenants to meet and supports this with features to reduce the risks and administrative burden of the transaction. However, we cannot provide any guarantee regarding the integrity of the information supplied on this website or by its users.
- Although we have features in place to maintain a high standard of information quality, GharMove cannot make any absolute guarantee over the accuracy of any information supplied on this website.
- You should satisfy yourself of the accuracy of any and all information and of the integrity of all individuals you are transacting with before entering into any contract or agreement or making payments directly to them.
- Material supplied on this website, including content on our blog and social media accounts, does not constitute legal advice and is supplied for information purposes only.
- We have no control over, nor accept any responsibility or liability for, any problems that arise from properties or tenancy arrangements that are supplied by users of our website.
4. Using GharMove’s advertising services
- By advertising on GharMove, you are declaring that you are the landlord of the property you are advertising, or have the explicit permission of the landlord of the property to place the advert.
- You agree that you indemnify GharMove for any loss, claims, actions or proceedings that may be brought against GharMove as a result of a breach of clause 4.1. You further agree that GharMove may take legal action or any other measures we may deem necessary at our sole discretion if you breach clause 4.1, and that you will be liable for any legal or enforcement costs reasonably incurred by GharMove in relation to such a breach.
- Instruction for GharMove to advertise a property or carry out other services is normally made by placing an order through the website.
- Prices for advertising are per property until that property is let or until the Landlord chooses to pause or end their advertising, subject to the fair usage limits outlined in these Terms.
- Landlords will only be charged for services they have actively purchased and/or chosen to use.
- All advertising and other services with a fixed or maximum duration are deemed to be continuous from the date when they were first purchased or otherwise instructed through our website.
- When ordering services such as advertising or referencing, users agree that GharMove will commence provision of the service immediately or as soon as is practicable.
- As such services are intangible and irrevocable digital content, and provision of the service begins within 14 days of the order being placed, we cannot issue refunds after the service provision has begun except at our sole discretion.
- Notwithstanding the refund policy outlined above, landlords are free to end their advertising with GharMove at any time after placing their advert. Instruction to cease advertising can be made through the website.
- In addition, we are committed to our customers and will make our best efforts to help you if you are not fully satisfied when using our paid services.
5. Advertising content
- Landlords and Seller must not do any of the following:
- Create multiple adverts for the same room or property
- Create dummy or feeder adverts which do not accurately reflect a property currently available for rent from that landlord.
- Include any material on their adverts (including photographs, videos and written content) that is inaccurate, outdated or otherwise misleading in relation to the current condition of the property being advertised.
- We are not responsible for the content or details of adverts that are provided by users and accept no liability for such content (including any errors, omissions or inaccuracies).
- Adverts must not discriminate against any protected characteristic. If an advert includes information which we believe may be in breach of these legal requirements, we reserve the right to edit or remove any relevant sections of the advert.
- Landlords must not include any content in adverts:
- If they do not have the permission of the owner or any other relevant person who may have rights in or connected to such content (including any individuals who appear in any images that are uploaded).
- If including this content would be a breach of applicable data protection or privacy legislation.
- If using this content would infringe the Intellectual Property Rights of another party.
- Users agree that they will indemnify and compensate us for any loss, liability, claim, damage or expense (including reasonable legal fees and court fees) suffered by us as a result of content that they have included in an advert. This includes, without limitation, reasonable legal and court fees, and any funds which are reversed or charged back by the cardholder or their bank, or which a relevant enforcement body determines must be repaid for purposes related to consumer protection.
- Any decision we make in connection with the removal of adverts or other content is final and we accept no liability to users in respect of any such decision.
- By submitting content to us in connection with advertising, you grant us a royalty-free, perpetual, irrevocable and non-exclusive right and license to use, reproduce, distribute, display, modify and edit such content in connection with our services, and to sublicense these rights. We will not pay you any fees for use of this content and reserve the right in our sole discretion to remove or edit it at any time. You also warrant and represent that you have all rights necessary to grant us these rights.
6. To let boards
- In addition to advertising a landlord’s property online, we may erect a To Let Board at the property to inform potential applicants of its availability.
- We will do this for selected properties at our sole discretion and make no guarantee to provide this service for any particular property or at any particular time.
- Landlords & Seller should notify GharMove using the preferences in their online account settings if they have previously agreed not to erect a To Let board with the Freeholder or other interested parties, or if they would prefer not to have a To Let board erected at their property.
- Where a board is erected at their property, landlords agree the following:
- They will request removal of the Board if it is no longer wanted.
- They will notify GharMove immediately if it comes to their attention that any damage has occurred or is likely to occur as a result of a Board being placed.
- GharMove is not liable for such damage (not excluding any liability that we or our subcontractors may have for boards installed in a negligent manner).
· Referencing and tenant checks
- At a landlord’s request we can provide a tenant referencing service provided by our referencing partners.
- This is designed to help our users make a more informed decision, but we cannot provide any guarantee regarding the integrity of the information supplied or the users being referenced.
- Regardless of any advice provided in the course of referencing or otherwise, the landlord will be responsible for conducting any ID, visa or other checks required under Right to Rent legislation.
· Certificates & Third-Party Services
- Some GharMove services (for example, professional inventories or safety certificates) are fulfilled by suitable third parties. These third parties are not employees of GharMove, but operate as independent subcontractors. GharMove therefore does not determine the manner in which these subcontractors carry out the services in question and does not accept liability for their actions.
- When placing an order, customers may be asked to provide a preferred appointment date. We will endeavour to ensure that our subcontractors complete any work ordered to an appropriate standard in a timely manner, but we are unable to guarantee that the customer’s preferred date will be available or that any certificate or service ordered will be completed or provided by any particular date. We accept no liability for any losses that may arise as a result of a service not being delivered by a particular date.
· Admin Fees
- Landlords who advertise on our website agree not to charge any fees to tenants
- Landlords who advertise on our website agree not to charge any fees to tenants for administration or other compulsory one-off charges, including but not limited to fees for viewing or applying to rent the property, referencing, inventory, or tenancy set-up. This applies whether or not such fees are illegal in the region in which the property being advertised is located.
- Landlords who advertise on our website agree not to charge any Default Fees to tenants
- As a matter of best practice and to avoid confusion from prospective tenants, GharMove is committed to ensuring that all adverts on our website can easily be compared, regardless of the tenancy type that the landlord of the property wishes to offer. For this reason, GharMove reserves the right to notify the landlord and make amendments to any adverts which, at our sole discretion, we believe need to be updated to comply with any of the requirements of this clause 9.
- If a landlord breaches any of the terms in this clause, we reserve the right to suspend their account with us.
· Fair Use Policy
- In order to protect all landlords using our system, and the tenants enquiring, we reserve the right to take down listings if we deem them to be abusing the system. We do this to prevent spam, stop harvesting of tenant details, and to encourage all adverts to portray a true representation of the available property.
- Although we do not expect our fair usage limits to be breached by genuine landlords, we reserve the right to remove or limit all adverts which are generating a disproportionately high number of viewing requests, or where 3 months have elapsed from the time of publishing the advert.
- If we have reason to believe a property may not currently be available to rent (for example, where the landlord has found tenants since they commenced advertising), we reserve the right to contact the registered landlord to confirm that the property is still available, and to suspend the marketing of the property if the landlord does not respond in a reasonable time-frame.
- We reserve the right to limit users’ activities on our website (including, without limitation, restricting the number of properties they may list on our website), if we think that such restrictions will improve the security of the GharMove community or reduce our or another GharMove user’s exposure to financial or other liabilities.
- To ensure that properties meet the legal requirements of landlords, and to protect users of our website, we reserve the right to suspend or discontinue listings and request further documentation to prove legal ownership of a property and/or that the property holds legally necessary documentation
- We reserve the right to limit the activity of users who we deem to be in material breach of our terms and/or to be misusing the platform.
- We reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, as well as modify or discontinue GharMove listings.
- You agree not to hold GharMove responsible for any loss you may incur as a result of GharMove taking any of the actions described in this section.
· Customer support and communication
- In normal circumstances, we will endeavour to respond to customer support requests by email the same working day.
- This time-scale applies to communication sent to GharMove’s customer support team and does not apply where you are communicating with other parties such as our subcontractors, landlords, tenants or other users.
- However, in some circumstances it may not be possible to respond the same working day, in which case we will respond at the earliest practicable opportunity.
- Telephone calls made to GharMove may be recorded for training and monitoring purposes.
- Where a user has been unable to resolve any difficulties directly with the customer support team and wishes to make a complaint, they can initiate our complaints procedure by emailing GharMove and specifying that they wish to make a complaint, whereupon the handling of the case by the support team will be reviewed by a senior member of staff.
- We will normally investigate any complaint fully and respond within 10 working days, but we reserve the right to make reasonable extensions to this time-frame where required in order to investigate the complaint fully.
- If we are unable to resolve your complaint satisfactorily, we will provide details of any Tribunal or redress scheme to which you can refer the case.
· Treatment of Personal Data
- GharMove is the controller of the personal data of users which is in our possession. In providing our services, GharMove may from time to time transfer the personal data of users to you.
- Where we do so, you acknowledge that you will become the controller of the personal data of users made available to you by GharMove; and you hereby agree to observe and perform your compliance obligations as set out in relevant data protection laws.
- In particular, you shall ensure that you process the personal data of users where you have a lawful basis to do so; and that you accept your compliance obligations in full.
· Legal Disclaimer on Use of GharMove
- We are not liable for any consequences or loss from your use of this website, and you expressly understand and agree that GharMove shall not be liable to you or any third party for any direct, indirect, incidental, special, consequential or exemplary damages of any kind, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if such GharMove has been advised of the possibility thereof), and including damages resulting from: (i) any document or transaction sent through the service; (ii) the use or inability to use the service, including errors, interruptions or delays; (iii) unauthorized access to or alteration of your documents or transmissions; or (iv) any other matter relating to the service.
- Except where provided elsewhere in these Terms and Conditions, to the maximum extent permitted by law, we (including our affiliates, officers, directors, agents, subcontractors and employees) will not be liable to you in contract, tort (including negligence) or otherwise for any liabilities, damages or losses (whether direct, indirect, consequential, special or otherwise) incurred or suffered by you or any third party in connection with this website, or in connection with the use, inability to use, or results of the use of this website, any websites linked to it and any materials posted on it.
- Notwithstanding the above clauses, nothing in these Terms and Conditions shall limit or exclude GharMove’s liability for death or personal injury caused by GharMove’s fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited by applicable law.