Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the My Room Abroad Platform, you agree to comply with and be bound by these Terms of Service.
Last updated: October 12, 2018
terms of service
These Terms of Service ('Terms') constitute a legally binding agreement ('Agreement') between you and My Room Abroad (as defined below) governing your access to and use of the My Room Abroad website, including any subdomains thereof, and any other websites through which My Room Abroad makes its services available (collectively, 'Site'), and all associated services (collectively, 'My Room Abroad Services'). The Site, Application and My Room Abroad Services together are hereinafter collectively referred to as the 'My Room Abroad Platform'. Our, and other Policies applicable to your use of the My Room Abroad Platform are incorporated by reference into this Agreement.
My Room Abroad provides an online marketplace for booking accommodation. As such it provides booking services for both Users (who are seeking accommodation) and Accommodation Provider (who wish to offer their accommodation to users). Please note that My Room Abroad is an online marketplace – it does not itself let or rent accommodation to users directly.
1. ABOUT THESE TERMS OF SERVICE
1.1 In these Terms of Service:
The terms 'we', 'us' and 'our' refer to My Room Abroad. My Room Abroad offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
On the date set out in the relevant Booking Confirmation, the User will move into the Accommodation. All Future Payments will be made directly to the Accommodation Provider or to My Room Abroad on behalf of the Accommodation Provider. The listing for the Accommodation sets out what the Future Payments constitute. For any further clarification, the user should contact the Accommodation Provider.
- “1st Rent Payment” means the amount of the 1st rental payment due to be paid by the User to My Room Abroad (on behalf of the Accommodation Provider), as advised on the Website from time to time;
- “Accommodation” means a room, studio or other house or apartment offered through the Website by an Accommodation Provider;
- “Accommodation Provider” means the provider of Accommodation listed on the Website
- “Booking Accepted” refers to the email sent by My Room Abroad to the User as soon as a Booking Request has been accepted by the relevant Accommodation Provider;
- “Booking Confirmed” means a request to book Accommodation that was accepted by the Accommodation Provider and paid by the User.
- “'Booking Confirmation'” refers to the email sent by My Room Abroad to the User and Accommodation Provider as soon as the Booking is paid by the User
- “Booking Request” means a request to book Accommodation submitted by a User;
- “Booking Value” means the amount corresponding to the sum of all the rental payments (including the 1st Rent Payment and Future Payments, but excluding the One-time Service Fee and Deposit ;
- “Business Day” means any day other than a Saturday, Sunday or public holiday in Taiwan ROC;
- “Contract Start Date” means the date of commencement of the booking Term as specified in the relevant Booking Confirmation;
- “Deposit Payment” means the amount that the User has to pay to the Accommodation Provider to cover any damages that occur during his occupation of the Accommodation or any other breach by the User of the Tenancy Agreement. The Deposit is refunded after move-out at the end of the Tenancy Agreement by the Accommodation Provider subject to deduction of any fee for damages. The Deposit is a matter between User and the Accommodation Provider and My Room Abroad is not involved in, and shall not be liable for the management of, any such deposits;
- “Fully Verified Accommodation” refers to Accommodation where the Accommodation itself and the Accommodation Provider have successfully completed all the possible verification steps as set out on the My Room Abroad website.
- “Future Payments” means all the future payments the User has to make to My Room Abroad on behalf of the Accommodation provider or directly to the Accommodation Provider (in addition to the 1st Rent Payment), which include any rental payments payable by the User to the Accommodation Provider and the Security Deposit;
- “Locations” means the cities and countries as set out on our Website;
- “Move In Date” means the date when the User moves into the Accommodation as specified in the relevant Booking Confirmation.
- “My Room Abroad Commission” is the fee (inclusive of VAT) that My Room Abroad charges the Accommodation Provider when a booking occurs in consideration of the Services provided by My Room Abroad to such Accommodation Provider by means of the Website. It is calculated as a percentage of the Booking Value plus any relevant VAT charged on this percentage of the rent. It is then deducted from the amount that My Room Abroad transfers to the Accommodation Provider. The My Room Abroad Commission can be paid at once. In this case, it is deducted from the 1st Rent Payment transfer. Or the commission can be paid monthly. In this case, part of the commission is deducted from the monthly rent transfers made each month; The part of the commission deducted each month is equal to the total My Room Abroad Commission divided by the Term of the Tenancy;
- “One-time Service Fee” means the amount (inclusive of VAT) the User pays to My Room Abroad in respect of its fees when a Booking is accepted in consideration of the Services provided by My Room Abroad to such User. It is calculated as a percentage of the 1st Rent Payment (as advertised on the website from time to time). This fee applies to the specific Accommodation displayed on the Website, so that if such Accommodation is a single room in a larger flat or house, this fee applies to the specific room you will be occupying and not the entire flat or house;
- “Rent Payment” means the rental payment in accordance with the relevant Tenancy Agreement, the User has to make each month to My Room Abroad on behalf of the Accommodation provider or directly to the Accommodation Provider (in addition to the 1st Rent Payment);
- “Services” means the facilitation of bookings of Accommodation by Users with Accommodation Providers by means of the Website;
- “Tenancy Agreement” means the binding tenancy agreement, contract, lease or licence (whether or not formal and whether or not in writing) between the Accommodation Provider and the User in respect of the tenancy of the Accommodation;
- “Term” means the lesser of: (i) the term of the tenancy based on the “Contract Start” and “Contract End” date (as specified in the relevant Booking Confirmation);
- “User” means a user of the Website seeking Accommodation;
- “Website” means any website maintained by My Room Abroad including without limitation the websites at www.myroomabroad.com, and its and their subdomains, any associated social networking profiles and any applications for mobile devices that My Room Abroad may publish from time to time; and
- “You” means a User or an Accommodation Provider (as applicable).
These Terms of Service set out the terms on which we offer the Services and provide the Website and on which you agree to use the Services provided by us and the Website maintained by us.
2. Acceptance of Terms of Service
2.1 By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein (link to other policies) and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
2.2 Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
2.3 Any new features or tools which are added to the current platform shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
3. What is the Website?
3.1 The Website is an electronic platform enabling Users to browse, search and book Accommodation at the Locations and enables Accommodation Providers to advertise Accommodation to Users. Bookings can be made for long terms ranging from 28 days upwards.
3.2 My Room Abroad provides booking services to Users and Accommodation Providers, but it does not offer Accommodation to Users on its behalf. Any Tenancy Agreement shall be entered into between the User and the Accommodation Provider directly. My Room Abroad will not be a party to such Tenancy Agreement and will have no rights or obligations arising out of it.
4. Information Displayed on the Website
4.1 The Website contains information, images and in some cases videos, prices of Accommodation as well as information relating to the Location of the Accommodation.
4.2 My Room Abroad tries hard to ensure that all information published on the Website is clear, accurate, complete and not misleading. We also try to ensure that only Accommodation that meets certain standards of cleanliness, decor, building safety and finish, facilities and customer service are listed on the Website. However, as we do not provide the Accommodation, we do not guarantee this.
4.3 My Room Abroad relies on Accommodation Providers to provide appropriate accurate information and to keep such information updated. We do not verify the accuracy or currency of any information uploaded or provided to us by Accommodation Providers unless we have expressly stated that we do. If you are an Accommodation Provider, you acknowledge and agree that you are solely responsible for the content of the information uploaded or provided to us in respect of any Accommodation offered on the Website.
4.4 If you are an Accommodation Provider, you must check the relevant listing information of any Accommodation offered by you on the Website including (but not limited to) its price, availability, and facilities before accepting any Booking Request sent to you via My Room Abroad.
4.5 If you are a User, you acknowledge and agree that we will have no liability in respect of any information uploaded to the Website or provided to us by an Accommodation Provider about the Accommodation and that your proper remedy in respect of any loss or damage you may suffer arising out of or in connection with the written information displayed in respect of the Accommodation is against the relevant Accommodation Provider. If the Accommodation has been verified by My Room Abroad, My Room Abroad shall be responsible for the accuracy of the verified information only. However, My Room Abroad shall not be liable for any changes to the Accommodation after its verification.
4.6 We reserve the right to remove without notice all or any part of any Accommodation listed on the Website in respect of which we receive a complaint (or otherwise conclude) that it is out of date, inaccurate or breaches the rights of a third party. We will use reasonable efforts to process and act on such complaints reasonably and promptly.
4.7 Users are advised to read any documentation carefully and ensure that they understand the cost of the Accommodation (i.e. the rent and any other costs) and the terms and duration of the Tenancy Agreement and any restrictions on the usage to which the Accommodation can be put. Photographs and videos of the Accommodation on the Website should be used by Users only as a guide of what the Accommodation may look like and not as an exact representation.
5. Booking Accommodation
5.1 Users are able to submit a Booking Request for Accommodation through the Website. The User must select the dates and Accommodation that he wishes to book and then click the “Request to Book” button. Note that some landlords set limitations regarding contract Term. The platform will generate allowed contract start and end dates which may vary from dates you selected.
5.2 The User warrants that he is of legal age to enter into a contract such as a Tenancy Agreement in the country where the Accommodation is located and acknowledges that, if the User is in breach of this warranty, then My Room Abroad shall be entitled to retain any Service Fee that has been paid by the User as compensation for breach of this warranty by the User. It is the User’s responsibility to check that he can legally contract with the Accommodation Provider.
5.3 The User will be asked to provide payment details for the 1st Rent Payment and One-time Service Fee in respect of the Booking Request. After the Booking Request is accepted by the Accommodation Provider payment will be taken. If the payment is successful the User will receive an email confirming that the Booking was paid and confirmed.
5.4 Upon Payment of the Booking Request, the system creates a payment request for the 1st Rent Payment and One-time Service Fee. The User has 48 hours to transfer the funds. The payment can be made by Bank Transfer on My Room Abroad account or via credit card through a secure online tool.
5.5 After payment by the User, the booking is confirmed and My Room Abroad makes an introduction of the User to the Accommodation Provider selected by the User.
6. Confirmation of a Booking
6.1 The Accommodation Provider can accept or decline the Booking Request. If the Booking Request is rejected, the user will be notified on the website and via email. The booking is automatically cancelled and the User can make a new booking request for another room. When declining a request, the Accommodation Provider has the choice to suggest other of his Accommodation listed on the Website to the User. If the Accommodation Provider accepts the Booking Request, payment will be taken in respect of the 1st Rent Payment and the One-time Service Fee. After the payment is completed My Room Abroad will promptly notify both parties setting out the next steps.
6.2 Once a booking has been confirmed, it is the User’s responsibility to:
- comply with any further requirements that the Accommodation Provider may have. This may include (but not be limited to) the provision of character references and/or guarantor information. This information can also be required by the Accommodation Provider before accepting the Booking Request, in such cases the User will be informed that such information will be required; and
- stay in the relevant Accommodation throughout the Term, comply with the Tenancy Agreement, and to make, promptly and in full, all payments to My Room Abroad and/ or to the Accommodation Provider as may be required by these Terms of Service or the Tenancy Agreement, as the case may be.
6.3 The Accommodation Provider agrees that once it accepts a Booking Request and the User pays a booking is confirmed, and so the Accommodation Provider is bound to offer the relevant Accommodation for the dates, and at the price stated on the Booking Request and, further, that the property details, condition and facilities of the Accommodation are not materially different from those stated on the My Room Abroad listing. Failure to do so may result in complaints and cancellation by the User (who may be entitled to a full refund).
7. Consumer Contracts (Information, Cancellation and Additional Charges)
7.1 Subject to clauses 7.3 and 7.4, if you are a consumer, you have a legal right to cancel your agreement with us to provide the Services at any time during the 14 days after you have first accepted these Terms of Service in accordance with clause 2.
7.2 To cancel your agreement with us to provide the Services, you just need to let My Room Abroad know that you have decided to cancel. You may send us an email at email@example.com. My Room Abroad will email you back to confirm it has received your cancellation.
7.3 If you make or accept a Booking Request within the 14 day cancellation period set out above, then you have requested My Room Abroad to provide its Services during such 14 day cancellation period and accordingly you will lose your statutory right to cancel your agreement with My Room Abroad to provide the Services once the Booking Request is accepted in accordance with clause 6, at which point the One-time Service Fee (if applicable) will be payable in accordance with these Terms of Service. Your contractual rights to cancel, as set out in clause 12, will still apply.
7.4 In any event, cancellation of the agreement with My Room Abroad to provide the Services shall have no effect on any Tenancy Agreement that may have been or will be entered into.
7.5 Any payment that is paid by the User to My Room Abroad on behalf of the Accommodation Provider under, or in connection with, a Tenancy Agreement (including the 1st Rent Payment) will be held on trust by My Room Abroad for the Accommodation Provider and will only be repaid to the User in accordance with clause 12.
8. The 1st Rent, Deposit and Rent Payment.
8.1 The 1st Rent Payment is a contractual reservation fee payable by the User to My Room Abroad, which will receive it on behalf of the Accommodation Provider and hold it on trust for the Accommodation Provider.
8.2 My Room Abroad shall pay to the Accommodation Provider, subject to deductions for the My Room Abroad Commission, the 1st Rent Payment. Transfers will be made once between the 1st and the 3rd day of each month for the all funds received during the previous month. The payment will be made via T/T transfer through the means of a bank intermediary. The delay for the reception of funds is on average 1 week but may vary from bank to bank. My Room Abroad shall not be responsible for any delay of reception of the funds after a proof of payment has been provided to the Accommodation Provider.
8.3 When booking a room on My Room Abroad, the User has the choice to also make Future Payment through the website (in the User’s currency if receivable by My Room Abroad) or directly to the Accommodation provider (in the Accomodation Provider’s currency).
- 8.3.1 In the case the User wishes to make the Deposit Payment in his own currency, the User shall pay the Deposit to My Room Abroad, which will receive it on behalf of the Accommodation Provider, on the Move In Date.
- 8.3.2 My Room Abroad will transfer the deposit to the relevant Accommodation Provider within the next Business Day of receiving the funds from the User.
- 8.3.3 In the case the User wishes to make each Rent Payment in his own currency, The User shall pay each monthly rent to My Room Abroad, which will receive it on behalf of the Accommodation Provider. Unless agreed otherwise, the Rent Payment has to be made between the 17th and the 20th day of the previous month (so the rent for October is due by the 20th of September). The rent in the User’s Currency will vary each month depending on the relevant exchange rate (see Section 9. Foreign exchange for more info)
- 8.3.4 Each 25th day of the month My Room Abroad shall transfer all monthly rent received on behalf of the Accommodation Provider to this Accommodation Provider. The payment will be made via T/T transfer through the means of a bank intermediary. The delay for the reception of funds is on average 1 week but may vary from bank to bank. My Room Abroad shall not be responsible for any delay of reception of the funds after a proof of payment has been provided to the Accommodation Provider.
8.4 My Room Abroad acts as an intermediary and is not responsible for any late payments by the User. If the User fails to provide a proof of Rent Payment to My Room Abroad:
- by the 25th of the month: a reminder will be sent by My Room Abroad to the User.
- By the last day of the month: The Accommodation Provider shall be notified and will be responsible for taking the necessary actions with late paying Users in accordance to their Tenancy Agreement.
9. Foreign Exchange
9.1 This section concerns any payment made by a User in a different currency than the one accepted in the country of the Accommodation Provider of the Accommodation the User booked.
9.2 The amount due by the User (for 1st Rent Payment or Future Payment ) shall be calculated using the daily exchange rates provided by My Room Abroad’s foreign exchange provider.
10. Tenancy Agreement
10.1 The Tenancy Agreement only comes into effect when the Accommodation Provider and the User agree the terms for the occupation of the Accommodation. The Tenancy Agreement shall be entered between a User and an Accommodation Provider and for the avoidance of doubt, My Room Abroad shall not be a party to such agreement.
10.2 My Room Abroad shall not be responsible or liable for any failure or deficiency in the performance of the Tenancy Agreement by the Accommodation Provider and/or for any defect in any Accommodation provided by the Accommodation Provider.
10.3 My Room Abroad shall not be responsible or liable for any failure or deficiency in performance of any contract by the User, including, but not limited to, changes in Move In Date and/or move-out dates. The Accommodation Provider has the mechanisms to enforce any pre-agreed details (including Move In Date and move-out date) with the User and thus, no additional payment or refund shall be or ever become due from My Room Abroad to the Accommodation Provider.
11. Move in Date
11.1 On the date set out in the relevant Booking Confirmation, the User will move into the Accommodation. All Future Payments will be made directly to the Accommodation Provider or to My Room Abroad on behalf of the Accommodation Provider. The listing for the Accommodation sets out what the Future Payments constitute. For any further clarification, the user should contact the Accommodation Provider.
12.1 In addition to and subject to the User’s rights to cancel under clause 7, a User may also cancel the booking in accordance with the cancellation policy chosen by the Accommodation Provider and as set out below.
12.2 Accommodation Providers may select ONE of the following cancellation policies. Once they have made a selection and notified My Room Abroad, this policy will be in effect for all future bookings. If no selection is made, the “Moderate Cancellation Policy” will be applied by default. The Accommodation Provider gives My Room Abroad irrevocable authority to commit the Accommodation Provider to the selected (or default) cancellation policy, to process (and if necessary refund) any 1st Rental Payment, and apply My Room Abroad’s Commission, in the manner set out below.
12.3 A User is permitted to cancel in the following circumstances and according to the following terms:
- after a booking has been made and a Tenancy Agreement has been entered into in accordance with clause 10.1 and/or the User moved into the Accommodation, it cannot be cancelled except pursuant to the termination provisions contained in such Tenancy Agreement.
- Cancellation Policy: Flexible: before the Tenancy Agreement has been entered into by the User and Accommodation Provider but after the Accommodation Provider has accepted the Booking Request and after the User has made the 1st Rent Payment if the User notifies My Room Abroad that he wishes to cancel:
- less than 15 days prior to the Contract Start Date, no refund will be due in respect of the 1st Rent Payment (and the booking will be cancelled);
- between 15 days and 30 days prior to the Contract Start Date, My Room Abroad will refund 50% of the 1st Rent Payment (and the booking will be cancelled); and,
- more than 30 days prior to the Contract Start Date, My Room Abroad will refund 100% of the 1st Rent Payment (and the booking will be cancelled).
- Cancellation Policy: Moderate: before the Tenancy Agreement has been entered into by the User and Accommodation Provider but after the Accommodation Provider has accepted the Booking Request and after the User has made the 1st Rental Payment if the User notifies My Room Abroad that he wishes to cancel:
- less than 30 days prior to the Contract Start Date, no refund will be due in respect of the 1st Rental Payment (and the booking will be cancelled);
- between 30 days and 60 days prior to the Contract Start Date, My Room Abroad will refund 50% of the 1st Rental Payment (and the booking will be cancelled); and
- more than 60 days prior to the Contract Start Date, My Room Abroad will refund 100% of the 1st Rental Payment (and the booking will be cancelled).
- Cancellation Policy: Strict: before the Tenancy Agreement has been entered into by the User and Accommodation Provider but after the Accommodation Provider has accepted the Booking Request and after the User has made the 1st Rental Payment if the User notifies My Room Abroad that it wishes to cancel:
- less than 30 days prior to the Contract Start Date, no refund will be due in respect of the 1st Rental Payment (and the booking will be cancelled);
- between 30 days and 90 days prior to the Contract Start Date, My Room Abroad will refund 50% of the 1st Rental Payment (and the booking will be cancelled); and
- more than 90 days prior to the Contract Start Date, My Room Abroad will refund 100% of the 1st Rental Payment (and the booking will be cancelled).
- Cancellation Policy: Non-refundable: before the Tenancy Agreement has been entered into by the User and Accommodation Provider but after the Accommodation Provider has accepted the Booking Request and after the User has made the 1st Rental Payment if the User notifies My Room Abroad that it wishes to cancel no refund will be due in respect of the 1st Rental Payment (and the booking will be cancelled).
With respect to clause 12.3(b)(i), the Accommodation Provider shall, in case of cancellation, receive the balance of the 1st Rental Payment after the My Room Abroad Commission has been deducted and with respect to clause 12.3(b)(ii), the Accommodation Provider shall, in case of cancellation, receive 50% of the 1st Rental Payment after My Room Abroad’s Commission has been deducted.
With respect to clause 12.3.(c)(i), the Accommodation Provider shall, in case of cancellation, receive the 1st Rental Payment that is left after the My Room Abroad Commission has been deducted and with respect to clause 12.3.(c)(ii), the Accommodation Provider shall, in case of cancellation, receive 50% of the 1st Rental Payment that is left after My Room Abroad’s Commission has been deducted.
With respect to clause 12.3.(d)(i), the Accommodation Provider shall, in case of cancellation, receive the 1st Rental Payment that is left after the My Room Abroad commission has been deducted and with respect to clause 12.3.(d)(ii), the Accommodation Provider shall, in case of cancellation, receive 50% of the 1st Rental Payment that is left after the My Room Abroad’s Commission has been deducted.
With respect to clause 12.3.(e), the Accommodation Provider shall, in case of cancellation, receive the 1st Rental Payment that is left after the My Room Abroad’s Commission has been deducted.
12.4 In case the 1st Rent Payment has already been received by the Accommodation Provider, The Accommodation Provider shall reimburse any payment made by My Room Abroad to the Accomodation Provider with respect to clauses 12.3 (b), (c) or (d).
12.5 For the avoidance of doubt, if a booking is cancelled by a User in accordance with this clause 12, My Room Abroad will not refund the One-time Service Fee.
13. Re-booking My Room Abroad Guarantee
13.1 My Room Abroad has confidence that the Users who use its Services will remain in occupation of their Accommodation for the duration of their Term. This confidence stems from the fact My Room Abroad undertakes various background checks on the Users, which include, but are not limited to, My Room Abroad:
- obtaining the User’s full name, phone number, and country of residence. However, My Room Abroad does not conduct checks on the immigration status of Users as part of these background checks and Accommodation Providers are advised to undertake whatever checks as to the immigration status of any User are required in the country that the Accommodation is located in;
- obtaining additional information about the User purpose of stay, for example, whether the User is a student or a worker and, on an optional basis, what university or company the User will be attending; and
13.2 As a result of the confidence we derive from carrying out such checks, and our confidence in our ability to re-book vacant Accommodation swiftly, we are willing to offer the following re-booking guarantee to certain Accommodation Providers. In order for an Accommodation Provider to receive the benefit of such guarantee, My Room Abroad will need to specifically agree to provide such service to the Accommodation Provider which My Room Abroad will communicate to the Accommodation Provider via email. If My Room Abroad does not do so, then this clause 13 shall not apply. The re-booking guarantee takes effect from the User’s “booking start date” (as specified by My Room Abroad) and ends one month prior to the end of the relevant Term and is as follows:
- following the Move In Date, if a User permanently ceases to occupy Accommodation that has been booked through My Room Abroad, then the Accommodation Provider authorises My Room Abroad (subject to these Terms of Service) to, and My Room Abroad shall, immediately re-book the Accommodation (for a period equal to or longer than the remainder of the Term);
- provided that the Accommodation Provider has complied with the remainder of this clause 13, until the earlier of such time as My Room Abroad re-lets the Accommodation or the expiry of the Term, My Room Abroad shall pay to the Accommodation Provider (as the Accommodation Provider’s sole remedy for My Room Abroad being unable to re-let the Accommodation) an amount equivalent to the daily rent (after the exhaustion of any credit held by the Accommodation Provider relating to the 1st Rental Payment, advance rent and/or deposit) that from time to time falls due to the Accommodation Provider under the Tenancy Agreement; and
- My Room Abroad shall have sole discretion to re-let the Accommodation to such person and with such a discount to the current rent as My Room Abroad considers reasonable and commercially appropriate to obtain a prompt re-letting of the Accommodation for the remainder of the Term. However, if My Room Abroad re-lets the Accommodation with a discount to:” the monthly rent of in excess of five percent of the rent paid by the previous User, then My Room Abroad shall continue to pay the excess only (in accordance with clause 13.3) for the remainder of the Term.
13.3 The first payment under clause 13.2(b) or (c) shall be made on or around the first Business Day of the calendar month that falls following the expiry of the period of 60 days that starts on the date that My Room Abroad receives a valid and appropriately substantiated claim for such a payment from the Accommodation Provider. Thereafter, My Room Abroad shall make such payment monthly in arrears on or around the first Business Day of each month.
13.4 My Room Abroad shall have no obligation to reimburse any rent under clause 13.2(b) or (c) to the extent that such rent is in excess of the market rate for a property of the size and quality of the Accommodation in the location in which it is located, in each case as reasonably determined by My Room Abroad.
13.5 If the Accommodation Provider:
- re-lets the Accommodation without using My Room Abroad;
- otherwise hinders or fails to facilitate the re-letting of the Accommodation by My Room Abroad (including by keeping the Accommodation in the condition considered in clauses 13.6(h) (v) to (vii) below);
- receives payment of the rent by the User’s guarantor under the Tenancy Agreement; or
- fails to notify My Room Abroad when the Accommodation has been re-let, then no sum shall be payable to the Accommodation Provider under clause 13.2(b) or (c).
13.6 In addition, no sum shall be payable under clause 13.2(b) or (c):
- in respect of any 1st Rental Payment, advance rent and/ or deposit that the Accommodation Provider collected or any initial rental payment that the Accommodation Provider failed to collect at the start of the Tenancy Agreement;
- as a result of any agreement between the Accommodation Provider and the User for the User to pay less rent or to cease or suspend paying rent as set out in the listing for the Accommodation;
- as a result of the User moving to another accommodation of the Accommodation Provider (or of any person or entity directly or indirectly connected to the Accommodation Provider) during the Term;
- unless the Accommodation Provider notifies My Room Abroad in writing at firstname.lastname@example.org of the User ceasing to occupy the Accommodation and to pay rent within 14 days of such event occurring;
- unless the Accommodation Provider has first demanded in writing (which may include (but not be limited to) by email) payment of the relevant rent from the User and such rent remains outstanding more than seven days after the date that such demand was delivered to the User;
- in respect of:
- insurance premia, outgoings or utilities charges payable by the Accommodation Provider;
- any sums that the Accommodation Provider is itself obliged to pay as rent or service charge to a superior Accommodation Provider or management company;
- mortgage premia, interest, fees, or penalties payable by the Accommodation Provider to the Accommodation Provider’s funders; or
- any rent that is agreed in a Tenancy Agreement that is in excess of the rent set out in the listing of the Accommodation;
- in respect of unpaid service charges, outgoings, fees, utilities charges, fines payable by the User under the Tenancy Agreement or the cost of any dilapidations or Accommodation repairs required by the Accommodation Provider at the termination or conclusion of any Tenancy Agreement;
- if the User ceases to occupy the Accommodation or cancels or terminates a Booking or Tenancy Agreement as a result of:
- the Accommodation Provider being in breach of these Terms of Service or the Tenancy Agreement;
- the Accommodation Provider providing incorrect or misleading information about the Accommodation, or otherwise misrepresenting the Accommodation, to the User (whether through www.myroomabroad.com or otherwise) prior to the start of the Tenancy Agreement;
- the User cancelling the booking in accordance with the cancellation policy set out in these Terms of Service;
- the original booking having been accepted by the Accommodation Provider by mistake or in error (and such mistake or error not being communicated in writing on our email@example.com);
- the Accommodation not being available for occupancy by, or being inaccessible to, the User;
- the Accommodation being: (i) in an unsafe or uninhabitable condition; or (ii) being in such a state of disrepair as to hinder the User’s use of the Accommodation; or (iii) due to any circumstance not within a party’s reasonable control
- the Accommodation Provider failing to remedy any defect in the Accommodation, or maintenance issue, that arises during the Term in such a manner as to hinder the User’s enjoyment of the Accommodation;
- the Accommodation Provider encouraging, persuading, coercing or otherwise procuring the User to do so;
- any joint action, arrangement or agreement with the Accommodation Provider that was made or entered into with the intent of enabling the Accommodation Provider to benefit, unjustly, from the payment provisions in clause 13.2(b) and (c); or
- if the User ceases to occupy the Accommodation, or cancels or terminates a booking or Tenancy Agreement, where the User has complained to My Room Abroad, within 24 hours of the start of the Move In Date, regarding the condition of the Accommodation.
- the Tenancy Agreement comprises any clauses in disrespect of the local laws and regulations
13.7 No sum shall be payable under this clause if the User or the Accommodation Provider has knowingly provided false information to My Room Abroad at any time.
13.8 No sum shall be payable under this clause if the User does not move into the Accommodation on, or shortly after, the Move In Date (a “no show”).
13.9 My Room Abroad shall be entitled, at any time and without notice, to inspect or permit a third party to inspect any Accommodation to which this clause 13 applies.
13.10 The User acknowledges that the re-booking service (and the accompanying obligations on My Room Abroad under this clause 13) are intended to give the Accommodation Provider comfort that Accommodation will be occupied for the duration of the relevant Term:
- accordingly, this clause 13 does not excuse the User from performing its obligations under these terms or any Tenancy Agreement entered into with the Accommodation Provider, and the User shall reimburse My Room Abroad for any and all sums paid by My Room Abroad to an Accommodation Provider under or in connection with this clause 13 as a result of the User ceasing to (or purporting to cease to) permanently occupy any Accommodation during the Term;
- if My Room Abroad makes any payments, or payment is demanded from My Room Abroad under this clause 13, the User shall pay to My Room Abroad immediately on written demand by My Room Abroad an amount (in the corresponding currency) equal to the full amount of such demand; and
- a certificate of My Room Abroad as to the amount of any such payment shall be conclusive evidence (except in the case of fraud) that such payment was made by or demanded from My Room Abroad and is accordingly payable in accordance with this clause 13 by the User. All payments by the User are to be made to My Room Abroad without any deduction, set off or withholding whatsoever.
14. Your Conduct
14.1 In making any Booking payment after being accepted by the Accommodation Provider and authorising the One-time Service Fee, 1st Rental Payment (and the Holding Deposit, if applicable) in respect of selected Accommodation, the User agrees that it shall not seek to circumvent My Room Abroad by trying to make (or in fact making) a booking with the Accommodation Provider directly and notifying us that you have decided not to make a booking.
14.2 In using the Website and/or the Services and/or accepting any introduction of a User in respect of selected Accommodation, the Accommodation Provider agrees that it shall not seek to circumvent My Room Abroad by trying to make (or in fact making) a booking with the User directly and notifying us that the User has decided not to make a booking.
14.3 By downloading and/or using the Website, you agree not to upload, post, email or otherwise send or transmit any material that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Services or Website.
14.4 You agree and undertake to keep your username and password confidential, not to disclose your password to any other person and not to permit any other person to log in to the Website using your username and password.
14.5 You agree not to interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website, including these Terms of Service. You also agree not to:
- attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Website to any third party, or jeopardize the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Website;
- attempt to gain access to secured portions of the Website to which you do not possess access rights;
- impersonate any other person while using the Services or Website;
- conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the Website;
- resell or export the software associated with the Website;
- use the Website to generate unsolicited advertisements or spam; or
- use any automatic or manual process to search or harvest information from the Website, or to interfere in any way with the proper functioning of the Website.
15. My Room Abroad's rights
15.1 In providing you with access to the Website, My Room Abroad reserves the following rights, and in accessing, browsing or otherwise using the Website you grant to My Room Abroad and agree that My Room Abroad shall have the following rights:
- the right to refuse or withdraw your access to the Website in accordance with applicable laws for any reason at any time (with or without notice) if in My Room Abroad’s sole and absolute discretion you violate or breach any of these Terms of Service;
- the right to suspend, amend or disable your profile without giving you notice or any reason;
- the right to amend or update the Website, fees, billing methods or these Terms of Service from time to time; and
- the right to report you to the police or other judicial body if My Room Abroad believes in its sole and absolute discretion that your conduct (whether in using the Website, our Services or otherwise) is unlawful.
16. Intellectual Property
16.1 My Room Abroad and/or its licensor(s) are the sole owners of the Website, which includes any software, domains, and content made available through the Website. The Website is protected by International copyright and other intellectual property laws.
16.2 Without limitation, this means that you may not sell, export, license, modify, copy, distribute or transmit the Website (or any part of it) or any material provided through the Website without My Room Abroad’s prior express written consent.
16.3 We grant you a royalty free, non-exclusive, non-transferable, revocable, worldwide licence to use our intellectual property rights in the Services and the Website solely to the extent necessary to allow you to participate in the Service. Any unauthorised use of the Website will result in the automatic termination of the limited licence granted by us. My Room Abroad reserves the right to terminate the limited licence without notice at any time following an unauthorised use by you of the Website.
16.4 My Room Abroad and its graphics, logos, icons and service names related to the Website are registered and unregistered trademarks or trade dress of My Room Abroad. They may not be used without My Room Abroad’s prior express written permission.
16.5 You agree that My Room Abroad owns the copyright for any content, whether textual, graphic, photographic or video, that it creates and publishes on its Website and you must not sell, export, license, modify, copy, distribute or transmit this content to any third party.
16.6 You grant My Room Abroad a royalty free, non-exclusive, non-transferable, irrevocable, worldwide licence to use your intellectual property rights solely to the extent necessary to allow My Room Abroad to provide the Services to you. For clarity, such use might include such matters as displaying your name and logo next to an Accommodation listing, or providing a link to your website.
16.7 Additionally, you grant us a royalty free, non-exclusive, non-transferable, irrevocable during the term of this Agreement, worldwide licence to use your intellectual property rights in your name, logo and brand get-up (your “Brand”) for the purposes of promoting the Service by means of referring on the Website and in our public statements and publicity material to the fact of your participation in the Service, provided that in doing so we use reasonable efforts to ensure that we do not do anything which damages the goodwill in your Brand.
16.8 You shall reimburse us on demand in respect of any costs, damages or expenses that might arise as a result of, or in connection with, any alleged or actual infringement of any third party's intellectual property or other rights, arising out of My Room Abroad’s use of information submitted by you on the Website.
17.1 Whilst we have implemented commercially reasonable technical and organisational measures to secure your personal information and user content from unauthorised use, we cannot guarantee that unauthorised third parties will never be able to defeat those measures. You acknowledge that you provide your personal information and user content at your own risk.
18. Electronic Communications
18.1 By downloading and/or using the Website and/or material provided through the Website, you consent to receiving electronic communications and notices from My Room Abroad. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You have the right to ask us not to process your personal data for such marketing purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at firstname.lastname@example.org.
20. Use of Information Submitted
20.1 You agree that My Room Abroad is free to use comments, information (except personal information) or ideas contained in any communication you may send to My Room Abroad without compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Services or Website or other products or services. For the avoidance of doubt, all such information will be deemed by My Room Abroad to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever.
20.2 You agree that any information published by you on the Website may be public information and that other users of the Website will be able to view and comment on such information. You can classify some information as public information and some information as private information. Public information will appear on your profile page.
20.3 You agree that My Room Abroad is free to republish and make use of any information, including but not limited to, text and images, that you publish on the Website. Our use may include, but is not limited to, reposting your Accommodation listing on other websites. You agree that My Room Abroad has the right not to acknowledge you as the source of such information and/ or creator of such content. In general however, we will make an attempt to provide a link back to your page when posting content on other third party sites. You hereby irrevocably waive all your moral rights to any content posted by you on the Website. You confirm that you have all necessary rights and consents to share any such information that may be owned by a third party which you may post on the Website.
21. No Warranty & Liability Limit
21.1 My Room Abroad provides the Services and Website 'as is' and without any warranty or condition, whether express, implied or statutory. Unless you are a consumer, My Room Abroad specifically disclaims any implied warranties of title, merchantability, or fitness for a particular purpose. My Room Abroad specifically disclaims any implied warranties for non-infringement. My Room Abroad assumes no liability or responsibility for any errors or omissions in the Website or provision of the Services; any failures, delays or interruptions in the Website; any losses or damages arising from the use of the Services or Website; any conduct by users of the Services or Website; or any liability of an Accommodation Provider under the Immigration Act 2114 arising from the immigration status of any User. We reserve the right to deliver the Services and Website in our sole and absolute discretion.
21.2 This clause 21.2 only applies if you are a business and not a consumer. Subject to clause 21.4, My Room Abroad, its shareholders, directors, officers, employees or agents shall not be liable (jointly or severally) to you for:
- loss of profits, business or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill; or
- any indirect or consequential loss, arising out of or in connection with the Services and/or Website or these Terms of Service, and whether or not advised of the possibility of damage.
21.3 This clause 21.3 only applies if you are a consumer. If My Room Abroad fails to comply with these Terms of Service, My Room Abroad is responsible for loss or damage you suffer that is a foreseeable result of My Room Abroad’s breach of these Terms of Service or our negligence, but My Room Abroad is 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 or if it was contemplated by you and My Room Abroad at the time we entered into this contract. My Room Abroad provides the Services for domestic and private use. My Room Abroad has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
21.4 My Room Abroad does not seek to exclude liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation on the part of My Room Abroad.
21.5 From time to time you may use or access services, promotions and websites of third parties (including without limitation Accommodation Providers). In using or accessing third party services, promotions and websites, you agree to be bound by the terms of service of such third parties governing their services, promotions and websites and hereby acknowledge that we shall not be responsible for the provision of services, accuracy of promotions or content of websites belonging or operated by third parties.
21.6 From time to time My Room Abroad may run promotions or incentives for the benefit of our Website visitors, potential customers and customers. My Room Abroad reserves the right to modify or remove these promotions at any time and may cancel any benefits or monetary payments owed to people who have not yet redeemed part or all of the benefit owed to them under the promotion.
21.7 You acknowledge and agree that My Room Abroad is not responsible for the accuracy of any information published on the Website by users and does not warrant that any information appearing on the Website is accurate, true or complete. My Room Abroad specifically excludes liability for any loss, harm, distress or damage suffered by you or any third party as a result of inaccurate information appearing on the Website.
21.8 If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
22.1 If you are a business, you agree to indemnify and hold My Room Abroad and its related companies, and each of their respective shareholders, directors, officers, employees, agents, merchant partners and professional affiliates harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and court costs, arising, directly or indirectly, out of your use of the Services and/or Website or your violation of any law or the rights of any third party.
23.1 You agree that these Terms of Service and any claim, dispute or controversy arising out of in connection with these Terms of Service or their subject matter or formation (including non-contractual disputes or claims), the Services, the Website, My Room Abroad’s advertising or any related transaction between you and My Room Abroad shall be governed by and construed in accordance with Republic of China’s law.
23.2 Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of Republic of China.
23.3 If you are a consumer and reside outside of Republic of China, you will be given no less protection than that afforded to you by your local jurisdiction.
24.1 My Room Abroad may change or discontinue the Services and/or Website at any time without prior notice. We reserve the right to terminate these Terms of Service for any reason, without notice, and these Terms of Service shall automatically terminate in the event that you violate any of the Terms of Service set forth herein (without prejudice to our accumulated rights against you). In the event of any termination, you will immediately cease use of the Services and Website.
25.1 These Terms of Service are agreed between you and us. No person shall have any rights under or in connection with these Terms of Service under the Contracts (Rights of Third Parties) Act 1999.
25.2 If any court or competent authority decides that any term of these Terms of Service is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.
25.3 Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
25.4 Our failure to enforce any provision of these Terms of Service shall not constitute a waiver of that or any other provision and will not relieve you from the obligation to comply with such provision.
25.5 You are not permitted to assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights under these Terms of Service without our prior express written consent.
26. Contact us
My Room Abroad is a brand of Lime Tech SPRL, A Belgian PLLC operating with VAT number BE.0537.421.768.
Lime tech SPRL
Marius Renardlaan 27A b327