1. Our Agreement
(1.1) These terms and conditions (Terms), together with our privacy policy, tell you the terms on which you may use the DesiHomes website located at www.desihomes.co.uk (Website).
(1.2) By using the Website, you confirm that you accept these Terms and that you agree to be bound by them. If you do not agree to these Terms, you must not use the Website.
(1.3) Please read these Terms carefully before you start to use the Website. You should keep a copy of these Terms for future reference. These Terms are only available in the English language.
(1.4) We may amend these Terms from time to time in order to update them, to reflect changes to the Service or for legal, regulatory or security reasons. We will keep you informed and give you notice of any amendment to these Terms by posting the amended Terms on the Website and stating in the amended Terms when they took effect.
2. About us
(2.1) We are DesiHomes Limited, a company registered in England and Wales (registration number xxxxx) with our registered office at 49 Oaks Way,Long Ditton, Surbiton KT6 5DX. Our trading address is 49 Oaks Way,Long Ditton, Surbiton KT6 5DX and our VAT number is XXXXXX.
(2.2) If you have any questions, complaints or comments about the Service or these Terms, then please contact us by emailing us at info@desihomes.co.uk or by writing to us at 49 Oaks Way,Long Ditton, Surbiton KT6 5DX.
(2.3) Please visit www.desihomes.co.uk/privacy-policy to read our privacy policy to see how we use your personal information. By using the Website, you agree to the terms of our privacy policy, which forms part of these Terms and our agreement with you.
3.The Service
(3.1) The Service is designed: (i) to introduce individuals who wish to Rent or Exchange their homes or room; and (ii) to connect you and other members of the Service (Members) and to facilitate Rentals or Exchange. For the purposes of these Terms, if you are providing a Home you are a ‘Host’ and if you are staying at a Home you are a ‘Guest’.
(3.2) Further information about the Service, how it operates and the rules relating to it are set out on the Website at https://desihomes.co.uk/faqs. Such information is incorporated into, and forms part of, these Terms and our agreement with you; however, in the event of any conflict between such information and these Terms, these Terms will prevail.
(3.3) Just to emphasise, the Service is designed to act as an intermediary marketplace only to facilitate rentals or exchanges. We do not own, manage, provide, operate, otherwise deal with, make promises or statements in respect of, or take responsibility for any type of property or its condition or suitability, including Homes, except as set out in these Terms.
(3.4) We make no statement (express or implied) that your use of the Service will produce and/or generate any particular outcome (whether in relation to successful Rentals or exchange).
(3.5) We are constantly looking for ways to improve and expand the Service. You agree that we may do so to the extent that it is not detrimental to your use of the Service.
4. Your use of the Service
(4.1) You may sign up to use the Service via the Website and/or by using certain third party social network (Social Network) accounts, for example Facebook. If you choose to sign up using a Social Network account and/or link your Social Network account to the Service, you agree that:
(a) you are allowed to disclose your Social Network account details to us;
(b) your use of that Social Network in connection with the Service is subject to the terms and conditions you have agreed with that Social Network (and we have no part in that);
(c) we may use content from that Social Network, to the extent you allow us, and all such content will
be deemed Content (as defined in clause 9.2) for the purpose of these Terms; and
(d) the ability to integrate a Social Network account with the Service is dependent on the availability and functionality of that Social Network, and we are not responsible for any failure of the same or for how this may impact on your use of the Service.
(4.2) You cannot use the Service if such use of the Service would constitute a breach of any applicable Sanctions. ‘Sanctions’ means any trade, economic or financial sanctions laws, regulations, embargoes or restrictive measures administered, enacted or enforced by the following ‘Sanctions Authorities’:
(i) the United States of America;
(ii) the Security Council of the United Nations;
(iii) the European Union;
(iv) the United Kingdom; and/or
(v) the governments and official institutions or agencies of any of (i) to (iv), including the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury.
(4.3) When you sign up to use the Service (other than via a Social Network account), you will be asked to choose a password which, together with your email address (which will be your username), you will use to log in to the Service. You are responsible for maintaining the confidentiality of your
password and username and are responsible for all activities that are carried out under them. We will not be responsible for losses suffered by you where your password or user name is used by someone else (whether or not such use is fraudulent). You agree to notify us immediately by email to info@desihomes.co.uk if you become aware of, or suspect any unauthorised use of, your password or username.
Your promises to us
(4.4) You promise that:
(a) you are at least 18 years old;
(b) all information and details provided by you to us (including when you sign up to use the Service and in connection with any Listing (as defined in clause 5.1)) are true, accurate and up to date in all respects and at all times;
(c) you are able to validly enter into any Rental or exchange agreement that you agree to, in doing so, you will not breach any other agreement you may have with anyone else;
(d) you will at all times comply with the restrictions on your use of the Service and any other obligations, in each case as set out in these Terms;
(e) you will at all times comply with, and will only use the Service in a manner consistent with, all applicable local, national and international laws and regulations;
(f) you will not use the Service if such use is not legal in your jurisdiction; and
(g) you will be responsible for obtaining all necessary licences, consents and permissions relating to your use of the Service (including, where relevant, the consent of your landlord, mortgage provider or insurance provider).
(h) neither you nor a Home that is the subject of a Listing is (as the case may be) located in, resident in or a citizen of any of Cuba, Iran, Sudan, Syria, the Crimea Region of the Ukraine or North Korea or any other country or region that is subject to comprehensive U.S. Government Sanctions from time to time;
(i) you are not a person that is listed on, or owned or controlled by a person listed on, any Sanctions list published by a Sanctions Authority (a ‘Restricted Person’), or a person acting on behalf of such Restricted Person or otherwise a subject of Sanctions;
(j) the Home that is the subject of a Listing is not owned by a Restricted Person and the Service would not in any way be connected to or for the benefit of a Restricted Person; and
(k) your use of the Service would not otherwise constitute a breach of applicable Sanctions.
Your conduct
(4.5) You agree that, in using the Service, you will not:
(a) use the Service for any unlawful purpose;
(b) use the Service for any commercial or business purpose (for example, if you sublet a property);
(c) recruit or otherwise encourage any Member to join another service similar to the Service;
(d) use the Service in any way that interrupts, damages, impairs or renders the Service less efficient;
(e) impersonate any other person (living or dead), misrepresent your connection with a person or entity or provide false or otherwise misleading information (or fail to provide information which has the same effect);
(f) sell, pass-on or refer any inquiries from Members to any other person (whether registered with the Service or otherwise);
(g) transfer files that contain viruses, trojans or other harmful programs;
(h) authorise, encourage or assist any other person to copy, modify, reverse-engineer, decompile, disassemble, alter or otherwise tamper with any software (including source code), databases and other technology that forms part of the Service;
(i) access or attempt to access the accounts of other Members or to penetrate or attempt to penetrate the Service security measures;
(j) email, publish or otherwise disseminate any Content (as defined in clause 9.2) or Communication (as defined in clause 8.1) which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or which is otherwise inappropriate; or
(k) advertise or promote your own or third party products or services (other than your Home).
(4.6) You agree to compensate us fully for any loss or damage whatsoever that we suffer as a result of your breach or alleged breach of these Terms, including, without limitation, your breach of clause 4.5(c); we do not tolerate the Service being used by similar services to try to recruit Members to their service.
(4.7) You also agree to compensate us fully for any loss or damage whatsoever that we suffer as a result of your breach or alleged breach of any contract between you and any third party (including a Host or Guest, as applicable). This includes any loss or damage we suffer as a result of any claims or legal proceedings brought against us by any third party arising out of such breach or alleged breach.
5. Listings
(5.1) As part of the Service, you may provide and list information on the Service about the Home which you would like to offer for.
(5.2) When creating a Listing, you agree to accurately describe your Home. This includes an accurate description of the number and size of rooms. Any photos included in a Listing must be of the relevant Home and you must not add photos from any copyrighted service such as Getty Images unless you have their permission – if you do so, we take no responsibility for any such practice. We also consider omissions of relevant information regarding a Home as being inaccurate.
(5.3) You undertake to ensure that your contact details for any Listing remain complete and accurate, and that the status of any Listing remains correct as regards its availability for Rental or Exchange, and/or Pledge, and you further acknowledge that we reserve the absolute right to remove any Listing that we reasonably believe to be inaccurate or no longer available for Rental , Exchange, and/or Pledge.
(5.4) Whilst we hope, and use our reasonable endeavours to ensure, that all Listings are accurate and complete and provide a true representation of the relevant Home and its condition, we cannot guarantee this. We accept no responsibility or liability for inaccurate Listings and/or your reliance on them.
6.Rentals, Exchange and other dealings with Members
(6.1) If you agree to enter into an Rental or Exchange agreement with another Member, the terms of the arrangement and/or agreement regarding that Rental or exchange is solely between you and the other Member. We are not a party to any Rentals or exchange agreement. You acknowledge and agree, therefore, that, save as set out in these Terms we have no part in or involvement with, or any responsibility or liability for, any such arrangement, agreement, relationship or other dealings you may have with any other Members, including the terms of any Rental or Exchange you may agree or the condition or suitability of any property. You also acknowledge and agree that personal information such as email addresses and phone numbers can only be exchanged between Members once Rentals or Exchanges have been fully agreed through the Website.
(6.2) The terms of cancellation for any Rentals or Exchange will be detailed in the relevant Listing. Additional terms are set out in clauses 10.8 and 10.9. You agree to abide by all such cancellation terms.
(6.3) You agree to compensate and defend us fully against any claims or legal proceedings bought against us by any person in respect of any arrangement, agreement, relationship or other dealings you may have with other Members. You agree that you will not involve us in any dispute between you and any other Member (except to the extent that we agree in writing to get involved in any such dispute).
7. Properties
(7.1)If you are a Host, you agree:
(a) to ensure that your Home is in a clean and tidy condition for your Guest and in the same or better condition than that shown in any photos included in your Listing;
(b) to hold appropriate insurance cover in respect of your Home (and its contents) for when Guests are staying there;
(c) at all times to treat your Guest with the utmost consideration, courtesy and respect; and
(d) to adhere to all terms, conditions and other agreements (whether in writing, verbally or otherwise) that you have agreed with your Guest regarding any Rental or Exchange.
(7.2) If you are a Guest, you agree:
(a) to treat your Host’s Home with the utmost care, and leave it in at least the same condition that it was in when you arrived;
(b) to accept full responsibility for any damage whatsoever that you cause to the Home of your Host (or its contents), to notify your Host of any such damage within 24 hours and promptly to replace, repair or pay for the same (unless otherwise agreed);
(c) to hold appropriate travel insurance in place to cover you in the event that Rental or Exchange is cancelled (whether by you or the Host) or the Home you have booked becomes uninhabitable and/or unavailable; and
(d) to adhere to all terms, conditions and other agreements (whether in writing, verbally or otherwise) that you have agreed with your Host regarding any Exchange or Rental.
8.Communications
(8.1) The Service allows Members to communicate with and send messages to other.
(8.2) Communications are allowed solely for the purpose of arranging Exchanges, Rentals with other Members. You agree not to send Communications that are:
(a) unsolicited;
(b) advertising or other commercial promotions;
(c) announcements;
(d) charity requests or petitions; and/or
(e) otherwise inappropriate.
(8.3) You also agree to abide by the restrictions set out in clause 4.5 when sending Communications.
9. Rights granted and reserved
(9.1) Your use of the Service and its contents (whether as a Member or otherwise) grants no rights to you in relation to our intellectual property rights (IPR) or the IPR of any third parties.
(9.2) By submitting information, text, photos, graphics or any other content whatsoever to us in connection with the Service (for example, as part of a Listing or Communication) (Content), you grant us the right, on a non-exclusive, irrevocable, perpetual, royalty-free, transferable, sub-licensable, worldwide basis, to use such Content at our own discretion in any media, including, without limitation, the right to store, edit, copy, reproduce, distribute, disclose and make such Content publicly available on the Service. You further waive any moral rights you may have in relation to such Content.
(9.3) You agree that we can edit or take down from the Service without notice any Content you submit to us via the Website if we believe that it is in breach of these Terms (and will use our reasonable endeavours to promptly inform you of this). You also acknowledge that certain types of Content formats (for example, video files) may not be uploaded to the Service. You are responsible for keeping copies of your Content, and we will not make any back-up copies or return any Content to you when you cease to use the Service.
(9.4) You promise us that any Content you submit to us via the Service will not infringe the IPR or any other rights of any third parties. In relation to any Content you submit which includes any personal information relating to other people, for example where they appear in photographs, you also promise us that you have the right to do so and have obtained all necessary consents.
(9.5) You agree to compensate and defend us fully against any claims or legal proceedings bought against us by any person as a result of your breach of this clause 9 (including if you are unable to validly grant us the rights you agree to grant).
(9.6) You acknowledge and agree that, although we alert other Members that they may not misuse your Content (for example, by using it for commercial or business purposes), we cannot guarantee this and accept no liability to you if it is so misused by other Members or any other third parties.
10 Exchange & Rentals
Exchanges
10.7 If an Exchange which has already been accepted and confirmed is cancelled by you, you will be liable for any loss suffered by the other party as result of such cancellation.
Rentals
(10.8) If you are a Guest:
(a) you agree to pay the Host the fee payable for renting their Home as set out in the relevant Listing (Accommodation Fee). The Host, and not us, determines the level of the Accommodation Fee (which may include a cleaning fee).
(b) if you cancel a Rental which has already been accepted and confirmed by the Host, the return of any of the Accommodation Fee already paid by you is subject to the relevant Host cancellation policy you agreed to for that Rental. Please read all cancellation policies carefully;
(c) if the Host cancels a Rental which has already been accepted and confirmed by them, the return of any of the Accommodation Fee already paid by you is subject to the relevant Host cancellation policy.
(d) if, at the beginning of or during a Rental, the Home is or becomes uninhabitable and/or unavailable for you to stay at due to events or circumstances beyond your reasonable control, you need to contact host directly or find alternate accommodation on your own; the return of any of the Accommodation Fee already paid by you is subject to the relevant Host cancellation policy.
(10.9) If you are a Host:
(a) if the Guest cancels a Rental which has already been accepted and confirmed by you, the return to the Guest of any of the Accommodation Fee already paid by the Guest for that Rental will be subject to your cancellation policy.
(b) if you cancel a Rental which has already been accepted and confirmed by you, you will no longer be entitled to the Accommodation Fee paid by the Guest in respect of that Rental. You need to return 100% of Accommodation Fee paid by the Guest
(c) if, at the beginning of or during a Rental, your Home is or becomes uninhabitable and/or unavailable for your Guest to stay at due to events or circumstances beyond your Guest’s reasonable control, You need to either provide alternate accommodation or settle reasonably with guest.
(d) you will promptly in accordance with applicable deadlines account to Her Majesty’s Revenue & Customs (or equivalent public authority in any jurisdiction to which you are subject) for all tax due from you in respect of the income earned by you pursuant to a Rental, including any applicable income tax.
11. Limits on our liability
(11.1) We do not exclude or limit in any way our liability for:
(a) death or personal injury caused by our negligence or the negligence of our employees or agents;
(b) fraud or fraudulent misrepresentation; or
(c) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
(11.2) If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach of these Terms or our negligence or if it was contemplated by you and us at the time of the agreement between us coming into effect as a possible result of our breach of these Terms or our negligence.
(11.3) We only supply the Service for personal and private use. You agree not to use the Service for any commercial or business purpose, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
(11.4) We are also not liable to you for:
(a) any damage to your Home (or its contents) caused by another Member; or
(b) any failure to provide the Service or to meet any of our obligations under these Terms where such failure is due to your breach of these Terms or events or circumstances beyond our reasonable control.
(11.5) While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the Service, we accept no liability for them.
12. Accessing the Website
(12.1) You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and that they comply with them.
(12.2) We provide the Service on an ‘as-is’ basis and do not guarantee that the Service will be available or fault free and do not accept any liability for any errors or omissions. We may suspend or terminate the Service without notice at any time if we feel this is necessary (for example, for maintenance or upgrades), but will use our reasonable endeavours to notify you of the same in advance.
13. No reliance
(13.1) All content on the Website (including Listings) is provided in good faith, but we give no warranty of representation that such content is accurate, complete or up-to-date (or, in the case of a Listing, provides a true representation of the relevant Home and its condition), nor that the Service does not infringe the rights of any third party. We accept no responsibility or liability for your use of, or reliance on, content provided by us and such use is entirely at your own risk.
14.Security and linking0
(14.1) Information transmitted via the Service will pass over public telecommunications networks and we cannot guarantee the security of these.
(14.2) Where the Service contains links to other sites and resources provided by third parties, these links are provided for your information only and your use of such other sites and resources is subject to the rules and policies of the relevant site or resource. Please read the rules and policies applicable to that site or resource before proceeding. We have no control over, nor do we endorse, the contents of those sites or resources nor any use of personal data by such third party and you acknowledge and agree that your use of them is at your own risk. We accept no responsibility or liability for them or for any loss or damage that may arise from your use of them.
15. General
(15.1) We may assign our rights, and/or transfer or sub-contract our obligations, under these Terms to another legal entity. These Terms are personal to you. You may not assign your rights, and/or transfer or sub-contract your obligations, under these Terms to anyone else.
(15.2) Any failure or delay by us in exercising or enforcing any right available to us under these Terms does not constitute a waiver of that right or any other rights under these Terms. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
(15.3) If any provision of these Terms is disallowed or found to be ineffective, invalid, illegal or unenforceable by any court or regulator, the other provisions shall not be affected and shall continue to apply.
(15.4) These Terms are not intended to give rights to anyone except you and us.
(15.5) These Terms are governed by English law.
(15.6) We will do our best to resolve any disputes with you arising out of, or in connection with, these Terms and your use of the Service. If, however, any such dispute cannot be resolved between us and either we or you wish to take court proceedings, the courts of England and Wales will, subject to clause 15.7, have exclusive jurisdiction over any claim arising from, or related to, these Terms (unless you are a resident of Northern Ireland, in which case you may bring proceedings in Northern Ireland, or you are a resident of Scotland, in which case you may bring proceedings in Scotland).
(15.7) Nothing in clause 15.6 will limit our right to take proceedings against you in any other court of competent jurisdiction, nor will the taking of proceedings in any one or more jurisdictions preclude us from taking proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
16 Nondiscrimination Policy
All Desihomes hosts abide by following nondiscrimination Policy
(16.1) Race, Color, Ethnicity, National Origin, Religion, Sexual Orientation, Gender Identity, or Marital Status
(a)DesiHomes hosts may not:
(b)Decline a guest based on race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
(c)Impose any different terms or conditions based on race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
(d)Post any listing or make any statement that discourages or indicates a preference for or against any guest on account of race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
(16.2) Gender
(a)Desihomes hosts may not:
(b)Decline to rent to a guest based on gender unless the host shares living spaces (for example, bathroom, kitchen, or common areas) with the guest.
(c)Impose any different terms or conditions based on gender unless the host shares living spaces with the guest.
(d)Post any listing or make any statement that discourages or indicates a preference for or against any guest on account of gender, unless the host shares living spaces with the guest.
(e)Desihomes hosts may:
(f)Make a unit available to guests of the host’s gender and no host shares living spaces with the guest.
16.3 Disability
(a)Desihomes hosts may not:
(b)Decline a guest based on any actual or perceived disability.
(c)Impose any different terms or conditions based on the fact that the guest has a disability.
(d)Substitute their own judgment about whether a unit meets the needs of a guest with a disability for that of the prospective guest.
(e)Inquire about the existence or severity of a guest’s disabi accommodate any disability. If, however, a potential guest raises his or her disability,a host may, and should, discuss with the potential guest whether the listing meets the potential guest’s needs.
(f)Prohibit or limit the use of mobility devices.
(g)Charge more in rent or other fees for guests with disabilities.
(h)Post any listing or make any statement that discourages or indicates a preference for or against any guest on account of the fact that the guest has a disability.
(i)Refuse to communicate with guests through accessible means that are available, including relay operators (for people with hearing impairments) and e-mail (for people with vision impairments using screen readers).
(j)Refuse to provide reasonable accommodations, including flexibility when guests with disabilities request modest changes in your house rules, such as bringing an assistance animal that is necessary because of the disability, or using an available parking space near the unit. When a guest requests such an accommodation, the host and the guest should engage in a dialogue to explore mutually agreeable ways to ensure the unit meets the guest’s needs.
Desihomes hosts may:
(a)Provide factually accurate information about the unit’s access of them), allowing for guests with disabilities to assess for themselves whether the unit is appropriate to their individual needs.
.16.4 Personal Preferences
Desihomes hosts may:
Except as noted above, Desihomes hosts may decline to rent based on factors that are not prohibited by law. For example, except where prohibited by law, Desihomes hosts may decline to rent guests with pets, or to guests who smoke.
Require guests to respect restrictions on foods consumed in the listing (e.g., a host who maintains a Kosher or vegetarian kitchen may require guests to respect those restrictions).
Nothing in this policy prevents a host from turning down a guest on the basis of a characteristic that is not protected under the civil rights laws or closely associated with a protected class. For example, an Desihomes host may turn down a guest who wants to smoke in a unit, or place limits on the number of guests in a unit.
