1. Object

The below terms & conditions aim to present the services provided (collectively, the “Services “) on the website www.roomsos.com as well as define the rights and obligations of both parties.

The website www.roomsos.com and the derived sites mentioned above are hereinafter referred to in their proper name or by the word “Site“.

The Site provides an online platform that connects landlords who have accommodations to rent with tenants seeking to rent such accommodations

The word “Landlord” refers to a Member who has created an ad for their property or a portion of said property via the Site .

A “Tenant” refers specifically to a member of the Site who is looking to rent a space from a Landlord, reserve an Accommodation via the Site or associated Services, or finally, a Member who stays at an Accommodation and is not the Landlord of the Accommodation.

“Member” refers to a person who completes the account registration process, including but not limited to Landlords and Tenants.

The below terms & conditions are accessible in the “Terms & Conditions” section on the site and can be printed anytime.

New terms and conditions can be added to the present terms. In the event of contradiction between the terms and conditions of this Agreement and the new terms and conditions, then such new terms and conditions shall take precedence over these general terms and conditions.

2. Ownership & Contact

2.1If you have any questions about these Terms and Conditions, please contact roomsos at:
Email address: admin@roomsos.com

3. Site & Services access

3.1 The Site and Services are accessible:
– To any physical person with full legal capacity allowing them to commit under the present terms and conditions. Any natural person without full legal capacity may only access to the Website and Services with the agreement of their legal representative.

– To any legal entity acting through a natural person having the legal capacity to contract for and on behalf of this legal entity.

3.2 Members are responsible for the setup of information technology and telecommunication systems enabling them to access the Website.

They are responsible for all the telecommunication fees incurred while using Internet and the Website at their expense.

4. Terms and conditions acceptance

The acceptance by Members of the present terms and conditions comes into force when they validate their subscription by a click.

The acceptance of the present terms and conditions can only be in full. Any acceptance with reservation is considered as null and void. A Member who does not agree to be bound by the present terms and conditions should not consult the Website or use the Services.

5. Services subscription

5.1 The Member can subscribe to the Site by filling the appropriate form; as a Landlord or as a Tenant. The Member shall provide roomsos with any piece of information marked as mandatory. Any incomplete subscription shall not be validated.

The subscription automatically leads to the opening of an account under the name of the Member (hereunder: the “Account “), giving the Member access to a Personal Area (hereunder: “Personal Area ” which enables him or her to manage his or her use of the Services in the way and with means considered by roomsos as the most appropriate for them to offer those Services.

The Services notably enable Landlords to:

– modify his or her personal information,
– create and manage his or her ads,
– manage the accommodation Requests he or she receives (as defined in article 6.3.1),
– have access to the Tenants list who are looking for an accommodation in his or her geographic area.

The Services notably enable Tenants to:
– modify his or her personal information, as well as the details displayed in his or her profile (hereinafter: the “Profile “),
– create and manage his or her alerts,
– manage the accommodation Requests he or she sends.

5.2 The Member certifies that the information he or she gives in the subscription form or in any complementary information form for roomsos is accurate, updated, sincere and not vitiated by any deceptiveness. The Member undertakes to update this information in his or her Personal Account in case of a change, so that it always matches the aforementioned specification.

The Member is informed and accepts that the information filled to create or update his or her Account serves as evidence for his or her identity. The Member is bound by this information as soon as it is validated by him or her.

5.3 The Member can access his or her Personal Account at any time by using his or her identifier and password.

The undertakes to use the Services in person and not to allow any third party to use them instead of him or her, or in his or her name, unless the Member bears full responsibility for it. In the same way, the Member is responsible for keeping his or her identifier and password confidential.

He or she shall immediately contact roomsos (details provided in article 2 above) in case he or she notices his or her Account was used without his or her knowing. He or she recognizes that roomsos has the right to take all appropriate measures in such cases.

6. Services description

6.1 The different types of ads

The Site allows Members to list and to browse different types of ads:

– spare rooms or homestay accommodation: rooms or studio flats to rent for a medium or a long period of time.

– B&Bs: rooms or accommodation to rent for one or several nights, generally for holiday-makers. The breaksfast and towels are generally provided.

– holiday rentals: accommodation to rent for a short or a medium period of time.

– flatshares: rooms in a house or setting up of a new flatshare.

– free accommodation in exchange for work: child care, school tutoring, elderly care, DIY, etc…

6.2 Setting ads live

6.2.1 Landlords can set ads live via their Personal Space. The number of ads as well as the period of time ads are online is not limited.

Ads are posted using technical means that roomsos considers most appropriate for those Services.

Ads contain information provided by the Landlord.

Each ad can contain up to twelve pictures. The Member explicitly acknowledges and accepts that these images may be modified in terms of its framing, format and colours, and that there may be an alteration or deterioration in quality, depending on the technical constraints relating to the publication of the files.

Once an ad has been set live, the Landlord can modify or delete it any time in his or her Personal Space.

6.2.2 The Site being translated in different languages, the ad may be automatically translated in other languages, in full or just a part.

The Landlord is informed and accepts these terms.

6.2.3  The Landlord must verify his or her ad before submitting it. The Landlord undertakes to update this information, so that it always matches the offered accommodation.

6.3 Bringing Landlords and Tenants

6.3.1 Ads

The Tenant can consult all online ads on the Site by searching with a selection of criteria.

According to article 7, the Tenant can send the Landlord an accommodation request (hereinafter “Accommodation request “) in the form and according to the technical means roomsos rules as appropriate for this Service.

The Landlord receives the Accommodation request in his or her Personal Space and can consult the Tenant’s Profile. He or she can accept or decline this request.

Please note: accepting an Accommodation request means accepting to get in touch with the Tenant. This does not mean the request has been confirmed.

If the Landlord accepts to get in touch with the Tenant, the Landlord and the Tenant are both informed by email of their respective contact details. They can then get in touch.

If the Landlord declines the Accommodation request or doesn’t to answer within 72 hours, an automated email is sent to the Tenant.

The Tenant necessarily receives an answer to his or her Accommodation request, either positive or negative, in the 4 days following his or her Request.

6.3.2 Getting in touch via other Services

The Landlord has access to the list of Tenants looking for an Accommodation in his or her geographic area. According to article 7, the Landlord can access the Tenants’ contact details.

The Tenant has the possibility to set up alerts in his or her Personal Space, in forms and by technical means that roomsos considers most appropriate for those Services.

The Tenant is informed and explicitly accepts that if he or she provides a ‘geographic area’ in his or her Profile and/or activate an alert, his or her contact details can be accessed and/or transmitted to Landlords who might be interested by his or her Profile.

7. Free Services and Premium Membership 

Members can access Services for free or subscribe to a Premium Membership (see article 8) following the below conditions:

7.1 Free Services

– Tenants can send Accommodation requests at no cost to Landlords who are Premium Members. Their ads are identifiable with an orange band.

– Landlords can receive Accommodation requests at no cost from Tenants who are Premium Members.

7.2 Services for Premium Members

– Tenants who are Premium Members can converse with all Landlords registered on the Site.

– Landlords who are Premium Members can converse with Tenants registered on the Site.

The Premium Membership is renewed automatically for registered Landlords. Landlords have the possibility to deactivate this option in their personal space.

The Premium Membership can be refunded if the conditions mentioned in the Premium Membership section in the Member’s “Personal Space” are fulfilled. These conditions are further outlined in section 12.

8. Subscription to the Premium Membership

The Premium Membership can be subscribed to in the member’s “Personal Space”.

The durations and the and price of subscriptions found in the “Personal Space” are subject to change (prices displayed in Euros or in a foreign currency, all taxes included).

Tenants only have one option: the Premium Membership for life,

Landlords may choose the duration of the Premium Membership (1 month, 3 months, 6 months, or 1 year)

The Premium Membership can be paid:

– By credit or debit card, via Paybox, our online secure platform.

– By payment via PayPal.

If payment isn’t successful, roomsos can suspend or revoke the Premium Membership and delete the Member’s Account any time, without notice.

9. Right of withdrawal

Due to the immediate implementation of Services, the Member has no right of withdrawal.

10. Landlord’s obligations 

10.1 The Landlord undertakes to use the Website and Services according to the present terms and conditions, without any public order office or infringement of third parties rights and more generally, without breaking any law or rule in force.

10.2 The Landlord agrees to only rent or sublet an accommodation he or she has the right to rent or sublet and agrees to the conditions applying to rentals or sublets. The Landlord agrees to get all the necessary authorisations he or she might need to rent or sublet such accommodation.

10.3 He or she is solely responsible for an appropriate completion of all formalities among which administrative, fiscal and/or social ones that might fall with him or her related to the use of the Services. roomsos shall in no means be responsible in this regard.

10.4 The Landlord is solely responsible for the Ads he or she uploads on the Site and their content.

The Member certifies that the information he or she gives is accurate, updated, sincere and not vitiated by any deceptiveness. He or she also agrees to update his or her ad as often as necessary, especially the calendar of availability.

Concerning the pictures illustrating the ad, the Landlord guarantees roomsos that:

– they illustrate the accommodation described in the ad and is not vitiated by any deceptiveness,

– he or she is the only and unique owner of the intellectual property rights regarding these images and if this is not the case, that he or she has all the authorisations and licences from the authors and/or the legal owners;

– he or she has obtained the consent of all the persons whose image or goods are reproduced in these pictures;

– he or she doesn’t violate any rights with these pictures.

10.5 The Landlord agrees to comply with the Code of Ethics of the Site that can be found in the Code of Ethics section of the Site.

11. Tenant’s obligations 

11.1 The Tenant undertakes to use the Website and Services according to the present terms and conditions, without any public order offence or infringement of third parties rights and more generally, without breaking any law or rule in force.

11.2 The Tenant is solely responsible for the information he or she provides in his or her Profile.

The Member certifies that the information he or she gives in his or her Profile is accurate, updated, sincere and not vitiated by any deceptiveness. He or she agrees to update his or her Profile as often as necessary.

11.3 The Tenant agrees to comply with the Code of Ethics of the Site that can be found in the Code of Ethics section of the Site.

12. Refund of the Premium Membership

12.1 Tenants, who are only offered the option of a “Premium Membership for Life” cannot request a refund at any time due to the nature of the membership.

12.2 Landlords can be refunded if all the below conditions are fulfilled.

Please note that the Premium Membership for life cannot be refunded. For the remainder of this section the individual in possession of a Premium Membership may be referred to by any of the following words: “user,” “he,” “she,” or “landlord.”

– A user can be refunded must have maintained his or her subscription during all the duration of the Premium Membership (no refund will be made in case the Landlord Account has been deleted before the end of the Premium Membership).

– His or her ad must be active for the duration of the subscription. The ad cannot be hidden or deleted at any time before the request for the refund.

– The user must not have received any requests during the duration of their membership.

– The user must not have found a tenant via the Services during his or her Premium Membership.

– The user must have provided their phone number when completing their profile.

– He or she should have provided a full profile information: picture and description to a degree such that their “trustworthiness rating” found in the given user’s “Personal Space” has reached 70% (Details on how to do this can be found in the user’s personal space).

– The user must provide proof of identity in the form of a scanned passport identity page as well provide a verification of their address by providing roomsos with a copy of a valid utility bill.

– The request for a refund must be sent to roomsos in the three day window that follows the date of expiration of the Premium Membership. This date can be found in the “History” section of the “Premium Membership” tab in the Personal Account. No requests will be granted before or after this window.

12.3 The refund is made in the 25 days following the request, by all appropriate means.

13. Unsubscribe

The Member can ask roomsos to unsubscribe at any time, via an email request to the address indicated in article 2.1.

roomsos will send the Member a confirmation email. The Member shall be effectively unsubscribed at most 1 (one) day after this request, which automatically leads to the suppression of the Member Account.

In case the Premium Member unsubscribes before the end of the Membership, the Member won’t get any refund for the Membership in question.

14. Exclusion of liability and guarantee of roomsos

14.1 roomsos acts as an accommodation service provider regarding the numeric economy.

roomsos has no knowledge of the content of Ads, and acts only as a hosting service provider in this regard. As a consequence, roomsos may not be held liable for any content, the authors of which are third parties. Any complaints should be directed in the first place at the author of the content in question.

However, any complaints about Content prejudicial to a third party may be sent to roomsos under the terms set out in article 23, in which case roomsos reserves the right to take the measures described in article 17.

14.2 roomsos does not accept any liability in case of a litigation and/or of any controversy between Members of the Site.

14.3 roomsos undertakes to carry out regular inspections to check that the Website is operating smoothly and is accessible. In this respect, roomsos reserves the option of momentarily breaking off access to the Website for maintenance reasons. Similarly, roomsos may not be held liable for any momentary difficulties in accessing the Website caused by circumstances beyond its control, unforeseeable circumstances, or disruptions to the telecommunications network. Members are informed of the complex nature of worldwide networks and the influx of users of these networks at certain times.

14.4 Services are provided by roomsos on an “as is” basis with no express or implicit guarantee of any sort. roomsos cannot and does not guarantee, represent or warrant to Members (i) that the Services, which are the subject of regular efforts to improve their performance and progress, will be totally free of errors, defects and faults, (ii) that the Services, being standard and in no way proposed solely to a given User according to his or her own personal constraints, will specifically meet his or her needs and expectations.

15. Prohibited conduct 

15.1 It is strictly prohibited to use the Services for any of the following purposes:

– the exercise of activities that are illegal or fraudulent or which may threaten the rights or safety of third parties,

– violation of public order or of the laws and regulations in force,

– intrusion into a third party’s computer system or any activity that may damage, control, interfere with or intercept all or part of a third party’s computer system and violate its integrity or security,

– sending unsolicited or canvassing emails,

– carrying out operations aimed at improving the referencing of a third-party website,

– assisting or inciting, in any form or any way whatsoever, one or more of the above-mentioned acts and activities,

– more generally, any practice that uses the Services for purposes other than those for which they were designed.

15.2 The following are also strictly prohibited: (i) any form of behaviour likely to interrupt, suspend, slow down or hinder the continuity of the Services, (ii) any intrusion or attempt to break into roomsos systems, (iii) any diversion of the Site’s system resources, (iv) any action that may place a disproportionate load on the latter’s infrastroomsosructure, (v) any attack on security and authentication measures, (vi) any action that may be infringing the rights and financial, commercial or moral interests of roomsos or of the Members of the Site, and finally, more generally, (vii) any violation of these General Terms and Conditions.

15.3 It is strictly prohibited to make money out of the Services or the Site, to sell or or to concede all or a part of the Services or the Site, as well as the information that are hosted and/or shared.

16. Sanctions against violations & Member’s guarantee

16.1 Should a User violate any of the provisions of these General Terms and Conditions, and particularly articles 11 and 12, or, more generally, contravene any laws and regulations, roomsos reserves the right to suspend or terminate the Member’s access to the Services, without notice and without any refund of the sums the Member might have paid if he or she subscribed to a Premium Membership.

16.2 roomsos reserves the right to suspend or suppress all or part of the Ad that has caused the prejudice or contributed to it, at any time and without a notice.

16.3 The Member guarantees and indemnifies roomsos against any complaints, claims, actions and/or demands made against roomsos as a result of a violation by the Member of any of the provisions of these General Terms and Conditions. He or she undertakes to compensate roomsos for any prejudice or liability that it may suffer and cover all costs, charges, damages, fees and expenses and/or fines that it may incur or have to pay as a result, including legal fees.

17. Subsidiarity

The Member acknowledges that the Services offer him an extra, but not alternative, solution for publishing Files and that this solution may not be substituted for other means that the User may have at his or her disposal for achieving the same objective.

18. Intellectual property

The systems, software, structures, infrastructures, source codes, databases and content of all types (text, images, visuals, music, logos, trademarks, etc.) used by roomsos on the Website, and the technology used to offer the Services are owned by roomsos and its licensors and are protected by all copyright, patent and other intellectual property rights in force. roomsos reserves all rights in any such intellectual property. All forms of disassembly, decompiling, decoding, extraction, exporting, re-use, copying and, more generally, all forms of reproduction, representation, circulation, use of all or part of these components without roomsos’s authorization are strictly prohibited and may lead to prosecution.

19. Advertising

roomsos reserves the right to insert advertising or promotional messages of any kind on any page of the Website in a form and under the conditions that roomsos alone sees fit.

20. Links and third-party websites

roomsos may in no circumstances be held liable for the technical availability of websites operated by third parties that are accessed by Members via the Website.

roomsos may not be held liable for the content, advertising, products and/or services available on such third-party sites, which are governed by their own conditions of use.

roomsos may not be held liable for any transactions that take place between a User and any advertiser, professional or trader to whom the User has been directed via the Website and may in no circumstances be a party to any disputes whatsoever with these third parties concerning, for example, the delivery of the products and/or services, the guarantees, declarations and other obligations of any kind by which the latter are bound.

21. Complaints

A complaint may be made to roomsos concerning any act committed on the Website that may be prejudicial to a third party.

This complaint should be sent to roomsos using the contact details set out in article 2.1

The complaint must include:

– the notification date,

– the plaintiff’s identity (if the plaintiff is an individual: his or her name, first name, home address, nationality, date and place of birth; if the plaintiff is a legal entity: its form, company name, registered office and the organization that legally represents it),

– the recipient’s names and home address (if the recipient is a legal entity: its company name and registered office),

– a description of the litigious acts and their precise location,

– the reasons why the content should be withdrawn, including reference to legal conditions and supporting evidence,

– a copy of the correspondence sent to the author or publisher of the litigious information or activities asking for them to be stopped, withdrawn or modified, or proof that it has not been possible to contact the author or publisher.

roomsos will be free to take all appropriate measures, particularly those referred to in article 17, without any commitment on its part, and/or to pass the complaint on to the competent authorities.

22. Terms and conditions amendment 

22.1 roomsos reserves the right to amend the present terms and conditions at any time.

22.2 Registered Members shall be informed of any terms and conditions amendment by all useful means before the new terms and conditions are effective. A User who does not accept the amended terms and conditions shall, before they become effective, unsubscribe from the Services. Members who are not registered on the Website and merely consult it are asked to regularly check the Website for the last effective version of terms and conditions, applicable to them as soon as they are effective. Any User using the Services after new terms and conditions have become effective is deemed to have accepted the changes.

22.3 By exemption from the above rule, when a Member has subscribed to a Premium membership, he or she has the choice between (a) the enforcement of the terms and conditions that were valid at the time of the subscription or (b) the adhesion to the new terms and conditions. He or she has a delay of 15 days from the information related to the modification to make his or her decision known to roomsos by all appropriate means. Without a response within this delay, the Member is reputed having opted for the enforcement of these terms and conditions that were in place when the Member subscribed to the Premium Membership.

23. Language, applicable law and jurisdiction 

Should the present terms and conditions be translated into one or several languages, in case of a contradiction or contest on the meaning of a term or a clause, the prevailing interpretation language shall be English.

Should a dispute arise about the validity, the interpretation, performance or non-performance and/or the enforcement of the present terms and conditions, or otherwise about the Services or the Website, the parties agree that the only courts of competent jurisdiction shall be those of Malaysia, unless imperative procedure rules state otherwise.