Houseberry - Terms and conditions

Effective from August 28th 2017

These Terms, and any Contract between us, are only in the English language.

This page (together with our Privacy Policy which can be found on our site) tells you information about us and the legal terms and conditions ("Terms") on which we provide to you a rent payment service that processes rents payments from tenants to landlords and monitors these payments (the "Service") as detailed on our website https://houseberry.io/ ("our site").

These Terms will apply to any contract between us for provision of the Service to you ("Contract"). Please read these Terms carefully and make sure that you understand them, before signing-up to receive the Service.

Please note that before you receive the Service you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to receive the Service.

We amend these Terms from time to time. Every time you wish to receive the Service, please check these Terms to ensure you understand the terms which will apply at that time.

We operate the website https://houseberry.io/. We are Profitstrategy Lda (“Profitstrategy”), a company registered in Portugal under company number 514537035 and have our registered office at Rua Dom João V, nº 2, 4º Dto Distrito: Lisboa Concelho: Lisboa Freguesia: Campo de Ourique 1250 - 090 Lisboa (Portugal)

1. In the event of any conflict or inconsistency between: the Terms of Website Use; and
   these Terms, these Terms will prevail and take precedence.
2. Your use of our site is governed by our Terms of Website Use which can be found on our site. Please take the time to read this, as it includes important terms which apply to you.
3. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
4. If you wish to contact us for any reason, including because you have any complaints, you can contact us by e-mailing us at hello@houseberry.io. We can also be contacted on the website via our contact link on our website.
5. Houseberry connects tenants and landlords and provides a rent payment service that processes rents payments and collects deposit transfers from tenants to landlords and monitors these payments.
6. The Service will allow you to process rent transactions; access details of rent transactions; keep property deposit aside in your e-wallet via our trusted partner, Leetchi Corp S.A., trading as MANGOPAY (“MANGOPAY”).
7. MANGOPAY is a company incorporated under Luxembourg law with Luxembourg company number B173459. Leetchi Corp S.A. is a subsidiary of Crédit Mutuel Arkéa and possesses an e-money issuer license (No: W00000005) as from 10 December 2012 under the laws of the EU and Luxembourg and granted by the Luxembourg CSSF.
8. As part of the Service, we may also provide information (ourselves or using suppliers) relating to third party products or services we believe may help you to manage your home payment transactions.
9. The Service allows landlords to set up online rental applications for their properties, and tenants to make online rent payments and, at the request of landlords, collect property deposit. In the future, you’ll be able to do even more on Houseberry.
10. Paying your rent with Houseberry is free for tenants. Houseberry is currently free for landlords: there is no charge to receive rent payments. If we ever change our fees or introduce new features that have additional fees, we’ll let you know first via email or the site. If you don’t want to pay the new fees, you can cancel service anytime. We don’t offer refunds for fees you’ve already paid.
11. As a tenant, by agreeing to these Terms, you authorize us to electronically debit your Personal Account(s) via the direct debit mandate we will set up for you. You will also be able to cancel direct debit mandate and for each transaction, you will have to confirm the payment.
12. Houseberry uses Mangopay to execute online payment transactions. By using this feature of the Service, you agree to be bound by the Mangopay Terms and conditions, available https://www.mangopay.com/. This may be updated from time to time. For the avoidance of doubt, if any payment you initiate using the Service does not successfully complete, the payee reserves the right to seek payment from you via or outside of the Service. Any authorization you provide to make repeating automatic payments using the Service will remain in effect until canceled.
13. By using the Service to pay or collect rent payments, you agree to the MANGOPAY T&Cs and MANGOPAY’s processing of your data as outlined in our privacy policy. MANGOPAY’s terms and conditions are can be found at https://www.mangopay.com/terms/Mangopay_Terms-EN.pdf (“ MANGOPAY T&Cs”).
14. We are not liable for any overdraft charges you may incur as a result of any direct debits related to the Service.
15. You agree and grant MANGOPAY permission to pass your data to its own sub-contractors and partners when this data is necessary for MANGOPAY to fulfill its legal and regulatory obligations as an issuer of electronic money.
16. If MANGOPAY changes its terms and conditions, we will always post them on our site so you can view them when you next visit our site. In these circumstances, by continuing to use our site or the Service, you agree to be bound by the changed terms and conditions.
17. By providing us with your banking or other payment information, you authorize us to use it and disclose it to Mangopay or other payment gateway providers for the purpose of processing the payments you authorize on the Service. Payment gateway providers may also aggregate your information for other purposes, but only in ways that don’t identify you personally or disclose any personal information about you, and may disclose your personal information when necessary to comply with the law.
18. We never take custody of money you transfer using the Service and we’re not responsible for what recipients do with the payments you make. For example, we’re not responsible for your landlord returning your deposit. If a payor or payor’s bank or card issuer initiates a reversal, chargeback, or dispute of a payment made to you, you authorize us and our third-party payment providers to reverse or otherwise debit funds from your account in accordance with applicable financial institution and network policies and procedures. In the event we are unable to reverse or otherwise debit funds from your account, you agree promptly to deposit such funds upon our request. We may also initiate a reversal or other debit, or take other actions we determine to be appropriate if we believe fraud or other abuse of the Service has occurred.
19. We use third-party identity verification services to help ensure that users are who they say they are prior to enabling certain features of the Services. Once your identity has been verified, we may also display a badge or other indicator to let other users know that you’ve successfully completed the verification process. However, we neither control nor guarantee the accuracy of any identity verification service (and none can prevent all scams), so you should always take the same precautions in dealing with others through our site that you would in person.
20. We are not a real estate agent or broker. We don’t screen properties or listings or offer any guaranty or advice regarding the suitability of properties, landlords, or potential tenants. Nothing we say should be construed as such advice, and you agree not to rely on us in making decisions on, well, anything at all.
21. The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
22. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
    Limitation of our liability
23. Houseberry’s features are designed to make communication between landlords and prospective tenants easier; neither they nor any other aspect of the Services is intended to create any kind of contract or other legal obligation between a landlord and a prospective tenant (or between anyone else, for that matter). Just like in the offline world, you should wait until a written rental or lease agreement is signed by both the landlord and tenant before relying on any tenancy you arrange using Houseberry.
24. You must be 18 years old to use Houseberry. Banks require that.
25. For right now, you must be a resident in the European Union or the United Kingdom.
26. You must be a human. Accounts registered by “bots” or automated methods of access are not permitted. No screen-scraping, reproducing, or aggregating the information or other content on our site.
27. Use of the Service does not give you ownership of any intellectual property rights in the Service or any content posted on the Service. You own what you post on the Service (unless you copied it from someone else) but you grant us a license to copy, host, display, create derivative works from, publish, publicly perform, display, and distribute, and otherwise make use of in connection with providing the Service, all information, and content you post so long as you have an active account. If you are a landlord and authorize us (by checking the appropriate box or boxes on our site) to syndicate your rental listing on third-party sites, you further agree that we may grant sublicenses to applicable third parties as necessary to facilitate such syndication.
28. You must provide your full legal name, a valid email address, and any other information requested in order to complete the signup process. You are also responsible for keeping your email address up to date, so we can send you important notices.
29. Your account may only be used by one person. A single account shared by more than one person is not permitted.
30. You are responsible for keeping your password and account security.
31. You are responsible for the accuracy of everything that is posted or submitted under your account.
32. We are not responsible for the accuracy of anything another user posts or submits to our site.
33. If your mobile device is lost or stolen or if you suspect someone has gained unauthorized access to your username or password, you must contact us immediately at hello@houseberry.io. In order to take any action, you will need to provide certain account information so we can verify your identity.
34. We are not responsible for the conduct of users on or off the site. Use common sense when doing business with other users.
35. You may not use the Service for any illegal purpose. You may not, in using the Service, violate any laws in your jurisdiction or ours, or infringe the rights of anyone (ours or third parties). We’d like to think this goes without saying, but you may not use the Service as part of any fraudulent scheme or transaction. If we have reason to suspect your account has been used for an unauthorized or illegal purpose, you agree that we may share information about you, your account, and any of your transactions with law enforcement.
36. If you are a landlord, you agree in particular that you are familiar with all applicable fair-housing and antidiscrimination laws and that you will adhere to them. You also agree that the contents of any listings you post on or link to from Houseberry will be accurate and not misleading.
37. You may not abuse, harass, threaten, impersonate, or intimidate other Houseberry customers. Don’t be creepy.
38. You also may not post anything on Houseberry that contains or links to sweepstakes (yes, that’s a thing, apparently), viruses, or malware.
39. If you violate any of the Terms of Use, we may terminate your account without notice.
40. We reserve the right to modify or terminate the Service for any reason, without notice, at any time.
41. We may update our site from time to time and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.
42. Our site is made available free of charge.
43. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
44. We reserve the right to restrict or deny you access to all or some parts of our site if, in our opinion, you have failed to comply with these terms of use.
45. You are responsible for making all arrangements necessary for you to have access to our site.
46. We reserve the right to alter these Terms of Use at any time. We’ll notify you on the site or via email of important changes, but you should also check back here from time to time if you care about such things. You’re free to cancel or discontinue using the Service at any time without penalty. Your continued use of the Service following a change to these Terms of Use constitutes acceptance of the change.
47. If we change our pricing, we will give you at least 30 days’ notice, via the site or email.
48. We reserve the right to refuse service to anyone for any reason (or no reason), and likewise to suspend or discontinue your use of the Service at any time for any reason or no reason. In particular (and just by way of example), we may terminate or suspend your account if you engage in fraudulent or illegal conduct, provide inaccurate, incomplete, false, or misleading information, or otherwise violate these Terms of Use or any of our policies, or if we determine, in our sole discretion, that your use of the Services poses an unacceptable credit or fraud risk to us.
49. If you wish to cancel your account, you must do so via the Service website or by sending us a letter in the mail. An email or phone request to cancel your account will not be processed.
50. If you cancel your account, any or all of your information may be immediately (or at some point in the future) irrevocably deleted. You should save a copy of anything important before cancelling your account.
51. Conversely, information you post or otherwise furnish to us, including personal information, may remain on our servers indefinitely (for example, as backups) after you delete it from public areas of the Services or request cancellation of your account.
52. You agree to protect and fully compensate Mangopay and us and our affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable solicitors’ fees) caused by or arising from your use of the Service, your violation of these Terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
53. If you are a landlord, you agree to indemnify, defend, and hold harmless us and our affiliates, agents, officers, employees, and vendors from any claim, suit, action, or loss arising from or relating to your use of the Service or your violation of these Terms of Use (collectively, any “Claim”), including any liability or expense arising from claims, losses, damages, suits, judgments, civil or criminal fines or other penalties, litigation costs, and attorneys’ fees.
54. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
    We have no control over the contents of those sites or resources.
55. Our lawyer made us use all caps for the following two big blocks of text (which you should still read). We promise we’re not yelling at you.
56. The service is provided “as-is” without promises of any kind. Neither we nor our suppliers warrant or guarantee uptime or availability of the service, that the service will meet or continue in the future to meet your needs, or that we will continue the service or any aspect of the service in the future. To the maximum extent permitted by law, we disclaim all warranties for the service, including without limitation the implied warranties of merchantability, fitness for a particular purpose, seaworthiness, and non-infringement.
57. To the maximum extent permitted by law, we will not be liable, responsible for lost profits, revenues, or data, financial losses, or indirect, special, consequential, exemplary, or punitive damages. To the maximum extent permitted by law, our total liability for any claim relating to the services or these terms of use, including any claim for any implied warranty, is limited to the amount you paid to us to use the services.
58. If you violate any of these Terms of Use and we don’t take action right away, that doesn’t mean we are waiving any of our rights. If you want to sue us, you must do so in the state or federal courts located in Lisbon, Portugal, and you consent to personal jurisdiction in those courts. Portugal law will apply to any such disputes between you and Houseberry. If any part of these Terms of Use is held to be invalid or enforceable, the rest of the Terms of Use will still apply.
59. If you need to send us any legal notice (including notice that you believe another user is infringing your intellectual property or other rights), please do so via snail mail to the following address:
    Houseberry
    Profittstrategy LDA
    Rua Dom João V, nº 2, 4º Dto
    Distrito: Lisboa Concelho: Lisboa Freguesia: Campo de Ourique
    1250 - 090 LISBOA
    PORTUGAL
    Attention: Legal
60. Houseberry (including all the people working in the company) is not responsible for any litigation or dispute between the landlord and the tenant or any user of our service. In case of any litigation, legal issue, or financial claim, Houseberry is not responsible. Houseberry only allows landlords and tenants to connect and could not be responsible or be part of any litigation. In case of refund and financial disagreement between users of the solution, the litigation has to be solved only between them.

Thanks for making it through all this. We try hard to be reasonable and clear. If you have any questions, contact us at hello@houseberry.io
Last revised August 28th 2017