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Terms of use

Hemavi AB
Reg. no. 559277-0670
Adelgatan 21
211 22 Malmö

LAST UPDATED: 22nd of November 2022

Please read these general terms and conditions (the "Terms of Use") carefully before using the Services (defined below), as they constitute a legally binding agreement between you as a user of the Services and Hemavi AB.

1. General

1.1 Hemavi AB, org. no. 559277-0670 ("Hemavi", "we", "us", "our") provides a platform for advertising and room rental in homes. The platform offers a unique matching algorithm that matches parties with each other based on each party's preferences and personality. In addition, Hemavi also provides services for a secure rental, such as payment services and insurance intermediation.

1.2 These terms, along with other terms found on Hemavi's website Hemavi and other websites provided by Hemavi (including mobile applications) (together the “Platform” and/or the “Website”) govern your use of Hemavi's services (the “Services”). Information about the extent of the Services and more details can be found at any time at Terms of Use.

1.3 By using the Services, you accept these Terms of Use and agree to abide by them.

1.4 We reserve the right to change these Terms from time to time in our sole discretion. Your use of the Platform will be subject to the most recent version of the Terms posted on the Platform at the time of such use. Although we recommend that you read through the Terms available on the Platform from time to time, so that you can be sure that you are aware of the latest version, we will give you reasonable prior notice if we intend to make any changes to these Terms that may be materially to your detriment before such changes take effect.

1.5 If you register a company as a user of the Services, you certify that you represent the company and that you have the authority to legally bind the company to these Terms of Use.

1.6 To increase security, we carry out identification checks with e.g. BankID (or equivalent) on our users. However, Hemavi takes no responsibility for the true identity of our users.

1.7 This version of the Terms of Use applies from 12 May 2021.

2. About the Services

2.1 Hemavi provides a platform that facilitates property rentals between between landlords who want to rent out a room in a property or an entire property, and tenants who want to rent a room in a property or an entire property. The platform offers a unique matching algorithm that matches parties with each other based on each party's preferences and personality. In addition, Hemavi also provides services that enable a secure rental, such as payment of deposit and insurance brokerage.

2.2 Hemavi offers services that make it possible for landlords and tenants to get in touch with each other and send messages.

2.3 When a tenant and landlord want to enter into a rental agreement, Hemavi offers a standard agreement to be used. The agreement can be signed digitally on the Website.

2.4 As a user of the Services, you understand and agree that Hemavi:

  • is not a party to any rental agreement;
  • does not undertake any mediation assignment;
  • is not a real estate agent, rental agent, other form of broker, agent or insurer and that Hemavi does not have any obligations incumbent on such or a similar actor; and that Hemavi
  • does not own, administer or manage any real estate.

3. Your use of the Services

3.1 The use of the Services is limited to persons who are 18 years old or older and for housing located in Sweden, Denmark, and the Netherlands. By registering an account on the Platform and using the Services, you certify that you are 18 years of age or older.

3.2 When you use the Services to publish an advertisement for rental of room, you guarantee that you have all the necessary permits to rent out the room or apartment in question.

3.3 Hemavi reserves the right to refuse to provide the Services to persons or companies who have previously violated the Terms of Use, the terms otherwise provided by Hemavi, or other laws and/or rules.

3.4 As a user, you undertake to comply with applicable discrimination laws and accepted ethical standards when using the Services, including but not limited to the content of advertisements you publish on the Website.

3.5 You agree not to use the Platform or any information or material made available to you on the Platform, in any improper or unlawful manner or in breach of any rule, regulation, legislation or licence that applies to you.

3.6 We do not charge any fees for registering an account with us. Some aspects of the Platform are also made available free of charge, such as posting a single ad, browsing and searching on the Platform, and limited number of messages to other users.

3.7 We also offer a number of additional features and functionality on the Platform that are only available to members who have paid to upgrade their account. For more details on how to upgrade your account please refer to clause 7 below.

3.8 Without limiting the foregoing, you agree that when using the Platform you will not:

  • harass others or disclose personal information about others that could amount to harassment;
  • publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, sexually explicit, harmful, confidential, libellous, hateful, threatening or otherwise illegal material or information, or anything which might constitute a criminal or civil offence;
  • upload files that contain software or other material which are the Intellectual Property Rights of any third party, or which are protected by rights of privacy or publicity of any third party without having received all necessary consents;
  • upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the Platform or any other computer;
  • impersonate others or create false accounts or ads on the Platform;
  • promote any activity that is illegal;
  • use software or any other means to harvest information from the Platform;
  • Send chain letters, junk mail, ‘spamming’ material or any other form of bulk communication;
  • act in contravention of any policies for uploading content and/or posting ads that we may make you aware of from time to time; or
  • do or omit to do anything that, in our opinion: (i) brings us or the Platform into public disrepute, contempt, scandal or ridicule; (ii) damages or puts at risk any other users of the Platform; or (iii) materially prejudices us or the Platform.

3.9 You agree to comply with all reasonable instructions that we may give you regarding your use of the Platform.

3.10 You are responsible for obtaining (at your own cost) all necessary equipment and telecommunications services required to access and use the Platform.

3.11 You agree that we may suspend access to the Platform temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control and we shall not be liable to you in any way for such suspended access.

3.12 You agree that your interactions with other members of the Platform and our personnel, whether via message, email or over the telephone, will at all times remain respectful and courteous.

3.13 You agree that any tenancy arrangements entered into in respect of any room and/or property you rent out will be in compliance with all laws and regulations; and you will act in accordance with such arrangements, laws and regulations at all times.

4. Registration

4.1 You do not need to register as a member of the Platform in order to browse some sections of the Platform, but you may not be able to access all of the features of the Platform unless you register with us and create an account on the Platform. If you are browsing the Platform and have not yet registered with us, your use of the Platform will still be subject to these Terms.

4.2 You will need to register an account in order to create and post any ads (also known as “listings”) on the Platform. You can register by clicking on sign up on our homepage and submitting the information required. You’ll need to provide a valid email address and a password, which you will be required to submit each time you log into the Platform. You may also be required to submit some additional personal information about yourself as part of the registration process.

4.3 When registering an account with Hemavi, you undertake to provide complete and correct information. You further undertake to keep the information for your account up to date so that your information is always complete and correct. We store all such information in accordance with our privacy policy (see below under section 5).

4.4 We also allow users to log in to our Platform using their Facebook account details, by utilising the Facebook Connect feature. If you choose to create an account with us that’s linked to your Facebook profile in this way you will only need to enter your Facebook login details in order to create an account with us. By entering your Facebook log in details you’re granting us permission to share certain information with Facebook and display this on Hemavi’s platforms, so that we can provide you with an enhanced service. For more information on the information that may be shared between us and Facebook, please refer to our Privacy Policy.

4.5 We also allow users to log in to our Platform using their Gmail account details, by utilising the Gmail Connect feature. If you choose to create an account with us that’s linked to your Gmail in this way you will only need to enter your Gmail login details in order to create an account with us. By entering your Gmail login details, you’re granting us permission to share certain information with Gmail and display this on Hemavi platforms, so that we can provide you with an enhanced service. For more information on the information that may be shared between us and Google, please refer to our Privacy Policy.

4.6 By registering with us you are representing and warranting to us that: (i) you are over 18 years old; (ii) you have not previously been banned from the Platform; and (iii) you do not already have an account registered with us.

4.7 You are responsible to keep your login information protected and strictly confidential in order to prevent unauthorized persons from gaining access to your user account. Your user account is personal and you will be responsible and liable for any actions of any person logging into the Platform using your username and password (including, without limitation, any ads posted on the Platform via your account).

4.8 If you suspect or have reason to suspect that someone has gained access to your login information, you must immediately change this information in your account settings on the Website. You also undertake to immediately notify Hemavi at contact@hemavi.com if anyone has illegally accessed or used your account, or if you have reason to suspect that this may be the case.

4.9 By registering an account with us and/or using our Services, you agree to receive communication (including but not limited to notifications and updates) concerning your Hemavi account to your phone. You can opt out from receiving such updates at any time from your Settings page.

4.10 We may at any time and for any reason refuse to accept a registration from any person.

5. Personal information

5.1 By using our Services, you understand and agree that we collect and process certain personal information about you. This is necessary for us to be able to provide and develop the Services. For more information about what information we collect, how we use your personal information and what opportunities and rights you have, we refer you to our Privacy Policy. For other questions and matters regarding personal data, privacy and data protection, please contact us at privacy@hemavi.com.

6. Advertising and responding to ads on the Platform

6.1 All ads posted to the Platform must be for residential sublets only and must be compliant with all appropriate legislation.

6.2 You need to register an account with us in order to create and post an ad (also known as a “listing”) on the Platform. When you register for a free account on the Platform, this enables you to post ads/listings for rooms and/or properties to rent on the Platform at any one time.

6.3 To post an ad on the Platform click on the sign up link on the homepage and follow the instructions. By posting an ad on the Platform you are representing and warranting (which is a legal promise) to us that:

6.4 You may not:

  • post multiple ads for the same room and/or property;
  • post dummy or fake ads for rooms and/or properties that aren’t available for let or aren't available to be viewed;
  • delete an ad and repost it in order to make it appear as “New Today”;

6.5 You are responsible for the content of any ads you post to the Platform, including any errors, omissions or inaccuracies contained in such ads. We accept no liability to you or any other person for the content of any ads posted on our Platform. We advise that you check the content of your ad immediately after posting it to the Platform to ensure you are happy with it. You may edit or remove any ads you have posted on the Platform at any time by logging into your account and clicking on “My Room Listing”.

6.6 You are responsible for your own ad and that the information you include in the ad does not conflict with applicable laws and regulations or otherwise with accepted ethical standards. Ads may not contain racist or otherwise offensive content.

6.7 Once a Free Ad has been posted on the Platform, only users who have paid to upgrade their account to get "Early Bird Access" will be able to respond to that ad for the first 7 days, commencing on the day it was first posted. After an ad has been on the Platform for 7 days or more, any registered user of the Platform may respond to that ad via the Platform.

6.8 You agree to only contact advertisers by means of the official options available on each ad. For your own security, you must not use any contact details contained within the body of an ad itself or hidden within images.

6.9 We reserve the right to refuse to list or deactivate any ads or edit any User Generated Content we deem, in our reasonable discretion, to be in violation of these Terms or which we are instructed to refuse to list or deactivate by any court or law enforcement or regulatory authority. In such cases no refunds will be given. We reserve the right to request proof of your right to post ads and/or other User Generated Content. In the event we: (a) receive any complaints about an ad or advertiser; (b) receive notice of an investigation into an ad or advertiser by any law enforcement or regulatory authority; or (c) otherwise become aware of any violation of these Terms or any illegal behavior conducted by an advertiser, we reserve the right to temporarily suspend or deactivate (with or without notice) any ad or account in question while we investigate the matter.

6.10 Hemavi conducts ongoing random or for various reasons initiated checks, e.g. verification of a user's identity or ownership of the home. Hemavi reserves the right to suspend any user who does not participate in such control.

6.11 We reserve the right to duplicate, distribute and publish any ads or user profiles you post to the Platform across the Hemavi network of sites and social media platforms, as well as uploading any ads that are posted to the Platform to other relevant portal websites from time to time, such as other third-party property search websites. We will never post users’ contact details with their ads on third-party websites.

6.12 All ads on the Platform contain a public profile of the advertiser. By posting an ad you consent to information such as your age and gender being included in your profile.

6.13 Once a tenant has confirmed that he or she wants to rent the room advertised by the landlord, you as the landlord undertake not to unilaterally increase the rent or otherwise change the terms of the rental agreement compared to what is stated in the advertisement.

7. Upgrading your account

7.1 You may upgrade your account at any time from a free account to a premium account

7.2 For more details of the different upgrade options available, and payment options, please refer to the “Upgrade to Premium” section of our Platform.

7.3 When you choose to upgrade your account we will charge you a payment. Payments will be processed by our third party payment processor, currently Stripe or Klarna, using their secure server or can be made using Paypal or any other payment method as advertised on the Platform from time to time.

7.4 All premium subscriptions are one-time payment

7.5 Your account will automatically revert to our free service at the end of your upgrade period unless you opt to extend your upgrade period by making a further payment. We will only charge you for the period you have selected to upgrade for. By giving us your payment card details you are not granting us any continuing authority to automatically extend your upgrade period unless you have specifically opted to extend your premium period by making another purchase.

7.6 Once you've confirmed the payment to upgrade your account, a contract for upgraded services between you and us will have been formed. Your confirmation of payment will be taken as your express request for us to begin supplying the relevant services immediately following the success of your payment. Please note that in accordance with the Regulations, once you have started to receive the benefits of our upgraded service, you will not be entitled to a refund.

8. Lease agreement

8.1 Hemavi provides standard lease agreements for rooms and apartments to be used when a landlord and a tenant wish to enter into an agreement for the rental of a room or an apartment. The agreement is entered into and signed digitally directly on the Website.

8.2 The rental agreement must reflect the terms stated in the advertisement and which the landlord and the tenant have otherwise agreed on in their communication with each other.

8.3 Both the landlord and the tenant enter into the rental agreement at their own risk. As the landlord, you have full responsibility for ensuring that the contract is correctly completed and legally drafted before you send it for signature. Moreover, It is the responsibility of each party to carefully read the rental agreement before signing to ensure that the agreement reflects the terms stated in the advertisement and what the parties have agreed upon.

8.4 Hemavi does not provide legal advice on the drafting of rental contracts and therefore assumes no advisory responsibility. Answers to questions about the function of the tool itself will never be advice on the content or the legality of the rental agreement, but only general customer service when using the tool.

8.5 Landlords and tenants understand and confirm that Hemavi is in no way a party to the entered rental agreement. Under no circumstances can Hemavi be held liable for losses, including indirect losses, as a result of the use of generated rental contracts.

8.6 The landlord and the tenant are jointly responsible to ensure that the necessary insurance is taken out for the residence (including its equipment) that covers the intended rental.

9. Unauthorized use

9.1 In connection with the use of the Website and the Services, you undertake not to:

  • violate laws, ordinances, court decisions, authority decisions, tribunal decisions and the like, including property law restrictions and tax regulations;
  • use the Website, the Services or materials relating thereto for commercial or other use in any way other than as expressly permitted by the Terms of Use;
  • copy, store or otherwise access information on the Website or through the Services in any other way or for any purpose other than as expressly permitted by the Terms of Use;
  • attempt to damage or affect the Website or the Services, for example by using viruses or other software;
  • use or distribute material available on the Website or through the Services, users' identities, personal information or other information available on the Website or through the Services, in any way other than as expressly permitted under the Terms of Use;
  • contact another user for any other reason than a home in purpose to enter into a rental agreement;
  • contact users to encourage them to join or support third-party services or websites that compete with Hemavi;
  • provide incorrect, incomplete or misleading information when using the Website or the Services;
  • act as an agent or proxy for another when using the Website or the Services if this has not been specifically approved by Hemavi;
  • use the Website or the Services to publish or convey pornography, political opinions, offensive material or other material that Hemavi finds inappropriate; or
  • encourage or assist someone who intends to carry out any of the above.

10. Suspension or blocking users

10.1 Hemavi reserves the right to permanently suspend or temporarily block a user who abuses or uses the Services in violation of the Terms of Use or other rules or guidelines issued by Hemavi.

11. Limitation of liability

11.1 Hemavi does not guarantee a continuous, uninterrupted or secure access to the Services. The operation of the Website may be disrupted by a number of factors within or beyond Hemavi's control and Hemavi makes no warranty regarding the Website's function or availability.

11.2 Hemavi cannot be held liable for damages directly or indirectly caused by the use of the Website or its content.

11.3 The website is mainly a place for advertising rooms for rent and allows users to advertise and/or find a room. Hemavi has no control over and does not participate in the transaction between a landlord and a tenant. Hemavi is not responsible for the advertised property. Hemavi is also not liable for damages due to missing or delayed responses to ads or incorrect information in the text of the ad.

11.4 In addition to what is stated above regarding the Website, Hemavi is in no way responsible for:

  • that the tenant complies with laws, regulations, authority decisions, court decisions, tribunal decisions or the like, or fulfills (or can fulfill) agreements or obligations to third parties or landlords;
  • the tenant's identity, character, ability to pay or suitability as a tenant;
  • that the landlord complies with laws, regulations, authority decisions, court decisions, tribunal decisions or the like, or fulfills (or can fulfill) agreements or obligations to third parties or tenants;
  • the landlord's identity, character, ability to pay or suitability as a landlord;
  • that commitments or assertions about a particular property or other information in an advertisement are correct, complete or non-misleading (including that the landlord has access to the property as stated in the ad and that the home is suitable or secure as a home or for other use).

11.5 A rental agreement is entered into directly between the landlord and the tenant and it is thus your responsibility to carry out the verifications, checks and investigations that are needed regarding your counterparty, the property and other circumstances.

11.6 Hemavi's automatic selection process is based on the information provided by users of the services. Hemavi has no obligation to carry out inspections or investigations of tenants, landlords, other members or properties.

12. Intellectual property rights

12.1 Hemavi and/or its licensors hold all intellectual property rights in text, image, design, program code and other materials and information made available to you through your use of the Services. Such material and information is, unless otherwise stated, Hemavi's exclusive property and may not be used in any other way than within the boundaries of normal use of the Services.

12.2 It is strictly forbidden to copy, reproduce, publish, upload, send or distribute any material or any information on the Website without the prior written permission of Hemavi.

13. User-generated content

13.1 User-generated content refers to all such content that a user of a Service creates and/or uploads on the Website, including but not limited to images, ad texts, profile information and the like (“User-Generated Content”).

13.2 You guarantee that you own the necessary rights to the User-Generated Content (including but not limited to copyright and other intellectual property rights), either by creating it yourself or by everyone who has contributed have given their permission to you using the User-Generated Content on the Website in accordance with the Terms of Use.

13.3 You guarantee and are responsible for ensuring that the persons who can be identified in the User-Generated Content (e.g. by image and/or by name) are aware of how the material will be used and that they have agreed to participate in the User-Generated the content and that Hemavi may also use the User-Generated Content for marketing purposes.

13.4 By posting User Generated Content on the Website, e.g. by posting an ad, you give Hemavi an unlimited right to freely dispose of and use the User-Generated Content, including but not limited to processing, adapting, storing or copying it and making it available to the public regardless of media channel and to transfer these rights to any partners. Hemavi may also use the User-Generated Content for marketing purposes. Hemavi's rights remain even after an ad has been deleted.

13.5 By using the Services and uploading User-Generated Content, you waive all claims for compensation from Hemavi for Hemavi's possible use of the User-Generated Content you have uploaded and/or created.

14. Notice and take down procedure

14.1 Although we take reasonable steps to scan ads that are posted to our Platform for spam and scams, we do not actively monitor all the ads and other User Generated Content on the Platform. We do not therefore accept any responsibility or liability for any User Generated Content on the Platform.

14.2 If you become aware that other members of the Platform have posted any ads or other User Generated Content that is inaccurate, inappropriate, offensive (or does not comply with any of the provisions of these Terms) you may notify us by contacting us at contact@hemavi.com

14.3 We may, without notice, remove any ads or other User Generated Content posted to the Platform that, in our sole judgement, violates these Terms or may be offensive, illegal, inaccurate, misleading or may violate the rights, or harm or threaten the safety of any person.

14.4 For the avoidance of doubt, any decision we make in connection with the removal of any ads or other User Generated Content from the Platform is final and we accept no liability to you in respect of any such decision.

15. Transfer of your agreement with Hemavi

15.1 By using the Services and accepting the Terms of Use, you also agree that all agreements you have entered into with Hemavi (including the obligations and rights in the Terms of Use) may be transferred to another legal entity in connection with a business transfer that includes the Services, even without your consent.

16. Applicable law and settlement of disputes

16.1 Swedish law shall apply to the Terms of Use. Disputes will finally be decided in a Swedish general court, with Malmö District Court as the first instance.

Contact

Hemavi AB
Reg. no. 559277-0670
Adelgatan 21
211 22, Malmö, Sweden

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