Rentguru.io

Terms of Service

Effective as of 29.03.2021

These Rentguru.io Terms of Service (hereinafter the “Terms”) provide the terms and conditions of a binding legal agreement concluded between you (the registered user) and Rentguru OÜ. A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms. Please read the Terms carefully.

Rentguru OÜ offers a web-based marketplace connecting real estate owners/brokers to clients for finding a place to stay. We enable posting, searching, and booking of available apartments, villas, houses, and other real estate. Users who publish and offer their services are “Hosts” and users who search for, book, or use the services are “Guests.”

DEFINITIONS

1. SCOPE OF SERVICE
   • The Platform is accessible via any internet connected device.
   • Rentguru is the operator of the Platform, and does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host services, unless specifically stated otherwise.
   • Rentguru is not and does not become a party to or other participant in any contractual relationship between Users, nor is Rentguru a real estate broker or insurer.
   • Rentguru is not acting as an agent in any capacity for any User (except acting as economic agent as described in “Payments” section).
2. User accounts
   • Users must register an Account to use the Services. Registration is only allowed for legal entities and natural persons who are 18 years or older.
   • Different types of Accounts may be available on the Platform, such as Accounts for property owners, property managers, property agents, lessees etc. The Accounts may have different functionalities, which in turn can change over time. There can also be top accounts and subaccounts, which are administered by the owner of the top account.
   • User is obligated to provide accurate, current, and complete information during registration and keep Account information up to date. User may not register more than one Account or transfer Account to someone else. User is responsible for maintaining the confidentiality and security of the Account credentials and may not disclose these credentials to any third party.
   • User is responsible and liable for activities conducted through the User’s Account unless such activities are not authorized by you and you are not otherwise negligent.
3. General terms
   • Liability for Listings. Users are responsible for their Listings and their services. Content of the Listings must be accurate in facts and comply with all applicable laws.
   • Contract between Users. Upon offering (publishing) of the Listing by the Host and acceptance of the offer by the Guest, these Users enter into a contract directly with each other.
   • Right of removal. Rentguru has the right remove any Listing without warning if a Listing is obscene, offensive, or hateful, includes sexually explicit material or promotes violence, discrimination, or illegal activity. Rentguru also has the right to remove Listings that infringe intellectual property rights or are deceiving in nature.
   • Notifications and reminders. The functionality of the Platform may include reminders and notifications regarding upcoming important dates of contracts entered into by Users. Rentguru will do its best to keep these functions working but cannot guarantee that the functions will work without interruptions. Therefore, these functions should be used only as a supplementary measure to keep track of these dates. Rentguru cannot be held liable for any damages, which occurred as the result of the malfunction of these functions.
   • Keeping of data. Although Rentguru will take all reasonable measures to keep User’s data secure, confidential, and preserved by professionally regularly maintaining its servers and creating back-ups of User’s data, Rentguru cannot guarantee that such data is preserved or accessible without interruptions, and Users are therefore recommended to take necessary measures to keep independent records of their vital business data (information regarding contracts, financial records for bookkeeping etc.).
   • Third party services. Rentguru regularly partners with accountants, bookkeepers, brokers, financial institutions, insurance companies and resellers among other professional service providers. Partners may offer their services to you through the Platform, however any such services are not endorsed or approved by Rentguru. Rentguru is not responsible for the quality of such services.
   • Third party websites. The Platform may contain links to other independent third-party websites. Third-party sites are not under the control of Rentguru, and Rentguru is not responsible for and does not endorse their content or their privacy policies (if any).
4. Specific terms

You hereby confirm and agree that you:

• are aged 18 years or over;
• have the authority to legally bind an entity and grant us all permissions and licenses provided in these Terms (when registering an Account for a business, organization or other legal entity);
• give Rentguru your consent to collect and keep information about your Account and possibly subaccounts, including, but not limited to information about contracts concluded with other Users on the Platform or entered into the Platform by you, payments made by you or to you or any other beneficiary of your Account etc.;
• will comply with all applicable laws when using the Platform;
• will not rent, lease, sub-license, loan, translate, merge, adapt, vary, or modify the Platform or copy it except where such copying is incidental to normal use of Platform, or where it is necessary for the purpose of back-up or operational security;
• will not make alterations to, or modifications of, the whole or any part of the Platform, or permit Platform or any part of it to be combined with, or become incorporated in, any other programs;
• will not disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Platform or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of Platform with another software program, and provided that the information obtained by you during such activities:
  • is used only for the purpose of achieving inter-operability of the Platform with another software program;
  • is not unnecessarily disclosed or communicated without our prior written consent to any third party;
  • is not used to create any software that is substantially similar to Platform;

• will supervise and control the use of Platform and ensure that any person you permit to use the Platform uses it in accordance with the Terms;
• will keep all copies of the Platform secure and maintain accurate and up-to-date records of the number and locations of all copies of the Platform;
• will include our copyright notice on all entire and partial copies you make of the Platform on any medium;
• will not to use any automated software to view the Platform without our prior written consent and only access the Platform manually;
• will not to access or seek to access any non-public areas of Platform or the Services;
• will not scan, probe, circumvent or seek to circumvent any security measures relating to the Platform or Services;
• will not provide or otherwise make the Platform available in whole or in part (including object and source code), in any form to any person without prior written consent from us; and,
• will comply with all technology control or export laws and regulations that apply to the technology used or supported by Platform or any Services.

5. Fees
   • Rentguru may charge fees (and applicable taxes) to Hosts and Guests for use of the Platform. Except as otherwise provided on the Platform, the Fees are non-refundable.
   • All Fees (including any applicable taxes) will be displayed to User prior to publishing or booking a Listing or subscribing to a service.
   • Rentguru reserves the right to change the Fees at any time and will provide Users adequate notice of any Fee changes before they become effective. Such Fee changes will not affect any bookings made prior to the effective date of the Fee change.
   • Rentguru has two different Fee structures – subscription fees and commission fees:
     • Subscription fee may be applied to both the Host and the Guest based on their account type and Services used;
     • Commission fee in the amount of 3,5% is applied to Hosts only. This fee is charged when (i) a booking is confirmed (one-time bookings or first payments of recurring payments) or (ii) payment for the booking is made (recurring payments). The fee is calculated from the booking or payment subtotal and is automatically deducted from the Host pay-out.

6. Payments
   • All payments for the Fees and under the contracts between Users will generally be initiated automatically through the Platform and third-party services, chosen by Rentguru.
   • The Hosts hereby authorize Rentguru to act as their economic agent (majandusagent) and to accept payments from Guests and to forward these to Host.
   • All payments shall be processed in euros. An account statement and payment receipts shall be made available to the User on the Platform or on the websites of third-party service providers.
   • If a User fails to make payment by due date according to the contract concluded with Rentguru or Host, the User shall be liable to pay 0,5% interest per day from the total amount that is overdue.
7. Intellectual Property Rights
   • All Intellectual Property Rights in all the material which comprises the Platform including, but not limited to, design, structure, layouts, graphical images, and underlying source code belongs or is licensed to Rentguru.
   • Except as otherwise agreed between the parties in writing, all Intellectual Property Rights of Rentguru and the Platform shall remain with Rentguru.
   • Upon uploading or posting content to the Platform, you grant Rentguru a worldwide, irrevocable, non-exclusive, royalty-free license to use, store, reproduce, distribute, sub-license, display, modify and edit your content.
8. Copyright Notice
   • All contents of the Platform are ©2020 Rentguru OÜ. All rights reserved. Rentguru, Rentguru.io and the Rentguru logo are either registered trademarks or trademarks of Rentguru OÜ in Estonia, the European Union or U.S. and/or other countries. Other logos, services and product and company names mentioned herein may be the trademarks of their respective owners.
   • If you are aware of an infringement of our brand, please let us know by emailing us at info@rentguru.io.
9. Warranty
   • We warrant the Platform will, when properly used and on an operating system for which it was designed for, perform substantially in accordance with the functions advertised by Rentguru.
   • The warranty does not apply:
     • if the defect or fault in Platform or any Services results from you having amended the Platform;
     • if the defect or fault in the Platform results from you having used the Platform in a way that is in conflict with these Terms;
     • if you breach any of the terms of the Terms.
   • This warranty supplements your legal rights in relation to software being faulty or not functioning as described.
   • We do not guarantee a maximum downtime or that the Platform or any content available through the Platform will always be available or will be uninterrupted.
10. Limitation of Liability
    • Rentguru shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with the Platform and any Services, or any actions taken by us at your direction.
    • Rentguru is liable for any wrongful breaches (süüline rikkumine) of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents; such liability is limited to the typically occurring foreseeable and occurred damages. Essential contractual obligations are such duties of Rentguru in proper fulfilment of which you regularly trust and must trust for the proper execution of the contract. Any additional liability of Rentguru is excluded.
11. Termination
    • We may terminate your access to the Platform immediately by written notice to you:
      • if you commit a material or persistent breach of the Terms which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.
    • On termination for any reason:
      • all rights granted to you under the Terms shall cease;
      • you must immediately cease all activities authorized by the Terms, including your use of any Services;
      • you must immediately delete or remove Platform from all devices, and immediately destroy all copies of Platform in your possession, custody or control and certify to us that you have done so;
      • we may remotely access the devices and remove Platform from all of them and cease providing you with access to the Services.

12. Other Important Terms
    • Amendments. We reserve the right to change the Terms at any time. All Users are bound by the amended Terms. We will provide you an adequate notice of any changes in the Terms before they become effective
    • Force majeure. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Terms that is caused by any act or event beyond our reasonable control (force majeure), including failure of public or private telecommunications network. When a force majeure event occurs, we will use our reasonable efforts to find a solution by which our obligations under the Terms may be performed; if this is not possible, the use of the Platform and our Service will be suspended.
    • Notices. Any notice given under these Terms by either party to the other must be by email and will be deemed to have been given on transmission. Notices to Rentguru must be sent to info@rentguru.io or to any substitute email address notified by email to you by Rentguru. Notices to you will be sent to the email address associated with your Account.
    • Applicable law and jurisdiction. Any legal relationship between us, including but not limited to these Terms and Conditions, is governed by the laws of the Republic of Estonia and any court proceedings are held at Harju County Court (Harju Maakohus).