The term ‘usage & ‘using’ means any method of visiting the site at any time and in any capacity, including but not exhaustive to cached versions.
Bellrooms Ltd's registered office is Office 258, 14 London Road, Guildford, Surrey, GU1 2AG. Bellrooms is a UK based website operating in the UK.
These Terms & Conditions form a legally binding agreement between the user (“you”) and Bellrooms Ltd (Bellrooms.com, "Bellrooms").
1.1. Bellrooms is an online platform and marketplace, located at www.bellrooms.com and any other websites through which Bellrooms makes the Services available and via applications for mobile devices (the "Application") collectively, the "Site", which provides the following services:
1. providing users who subscribe to the Site and pay the relevant fees (each a “Subscriber”) the ability to upload visual and written content to promote spaces they wish to rent out (irrespective of size and whether for the purpose of long or short-term accommodation, leisure, storage or any other lawful purpose) (a “Rooms”);
2. providing potential guests who register to use the Site for free (each a “Registered User”) the ability to research available Rooms;
3. providing Subscribers and Registered Users the ability to connect with one another and negotiate and agree the terms of rental for any relevant Room; and
4. connecting Subscribers and Registered Users with relevant partner suppliers to provide related services such as drafting tenancy agreements, interior decoration, cleaning services, removal services, car and van hire etc.
together the “Services”.
1.2. BELLROOMS IS NOT AN OCCUPIER, LANDLORD, HOST, REAL ESTATE AGENT, REAL ESTATE BROKER, INSURER, OR IN ANY OTHER WAY ENGAGED IN THE PROVISION OF SPACE, AND AS SUCH IS NOT A PARTY TO ANY AGREEMENT WHETHER EXPRESS OR IMPLIED THAT MAY EXIST BETWEEN A SUBSCRIBER AND A REGISTERED USER OR ANY PARTIES TRANSACTING FOR THE USE OF SPACE (WHETHER ONLINE OR OFFLINE).
1.3. BELLROOMS WILL OWE NO DUTY OF CARE TO ANY REGISTERED USER OR GUEST FOR THE APPEARANCE, HEALTH AND SAFETY COMPLIANCE, HYGIENE, SIZE, FITNESS FOR PURPOSE OR ANY OTHER ELEMENT OF ANY SPACE.
2. User Conduct
1. By agreeing to these Terms, you are agreeing that, when using the Services and the Site you will not:
1. do anything illegal, or in breach of these Terms or any law or regulation, either local, national or international in force from time to time and applicable to you, the Rooms, the Site or these Terms;
2. other than in accordance with these Terms and for the purpose of send unwanted or unsolicited email, messages, postings, contact requests, SMS (text messages), or instant messages to other users;
3. publicly display or use the Services to share (whether publically or privately) inappropriate content or material (involving, for example, nudity, bestiality, pornography, graphic violence, or ANY unlawful / criminal activity);
4. engage in activity that is false or misleading (e.g. asking for money under false pretences, impersonating someone else, manipulating the Services to affect rankings, ratings, or comments);
5. circumvent any restrictions on access to or availability of the Services, including geo-restrictions;
6. engage in activity that is harmful to you, the Services, or others (e.g., transmitting viruses, stalking, communicating hate speech, or advocating violence against others);
7. infringe upon the rights of any third party, or breach any pre-existing legal agreements between yourself and any third party (including but not limited to any landlord, property owner or head tenant of any Rooms which may be listed on the Site);
8. engage in activity that violates the privacy of others or engage in any method of personal data collection for any purpose; or
9. help others break these rules.
2. Further, you agree that when renting any Room as a result of a connection made on the Site:
1. you are responsible for leaving the Rooms in the condition it was in when you arrived;
2. you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Rooms.
3. In the event of a breach of this clause 2, Bellrooms reserves the right to pursue any / all of the following courses of action:
1. issue you with a conduct warning and inform other users that you have been issued with a warning and that they should exercise caution in any dealings with you;
2. report any postings, narrative, images, video or other activity that is deemed offensive or of an unlawful / criminal nature to law enforcement;
3. suspend or terminate your account and/or access to the Site and Application; and
4. lodge a claim with the courts for damages including consequential damages for loss of reputation and loss of profits, if relevant.
3. Subscriber Undertakings
1. Each Subscriber undertakes to:
1. provide true, accurate and not misleading information within their user profile and the details of every Rooms, including but not limited to providing the correct legal name and contact details of the Subscriber, the full address of each listed Rooms, and the correct dimensions, number of rooms, utilities and facilities, permitted usage and any other relevant information; and
2. only list as available Spaces which the Subscriber is legally entitled to let or sub-let to third parties including but not limited to having and all necessary permissions, approvals, licences, certificates and consents.
1. Bellrooms will take payment in respect of fees payable by a Subscriber to Bellrooms in respect of the Services.
2. Payment for rental of any Rooms will be made directly between the relevant Subscriber (as lessor) and Registered User (as lessee) and Bellrooms with not take any fees from or responsibility for, or be involved in any way in such transaction.
3. All Bellrooms’ fees are quoted in and will be payable in British Pounds (£). Any payment you make from an account held in a different currency will be subject to the prevailing currency exchange rates and charges of your own bank or financial institution and/or Bellrooms’ bank and you will be solely responsible for the payment of all fees incurred.
4. You will provide Bellrooms with a method of payment, being any of:
1. VISA, Mastercard or American Express credit or debit card details, including card number, issue date, expiry date, and CCV number (as relevant); or
2. PayPal account,
and any other details that may be necessary from time to time for Bellrooms to process a payment by you (the “Payment Details”).
5. By providing Bellrooms with a payment method, you:
1. represent that you are authorized to use the payment method that you provided and that any Payment Details you provide is true and accurate;
2. agree that you are solely and wholly responsible for ensuring you pay Bellrooms on time and in totality, and accept that any delays, whether caused by information technology, banking error or otherwise will be your sole responsibility and may result in suspension or termination of Services;
3. agree to keep your Payment Details and contact information current at all times;
4. authorize Bellrooms to charge you for the Services using your payment method;
5. authorize Bellrooms to charge you for any additional paid feature of the Services that you choose to sign up for or use while these Terms are in force; and
6. agree to permit Bellrooms to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network.
6. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. We will notify you in advance of any change in the amount to be charged for recurring subscription Services.
7. We may bill you at the same time for more than one of your prior billing periods for amounts that haven't previously been processed.
8. Bellrooms will provide you with an online billing statement on the Site, where you can see your statement. This will be displayed on your "My Account" page. This is the only billing statement that we provide. If we charge you in error, you must tell us within ninety (90) days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we won't be required to correct the error or provide a refund. If Bellrooms has identified a billing error, we will correct that error within ninety (90) days.
5. Subscription Fees
1. When you purchase the Services on a subscription basis you acknowledge and agree that you are authorizing recurring payment, and payments shall be made to Bellrooms by the method you have chosen at the recurring intervals chosen by you, until the subscription for that Service is terminated by you or by Bellrooms.
2. By authorizing recurring payments, you are authorizing Bellrooms to process such payments as either electronic debits or fund transfers, or as charges to your designated account (in the case of credit card or similar payments) (collectively, "Electronic Payments").
3. Subscription fees are generally billed or charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, Bellrooms or its service providers reserve the right to collect any rejection or insufficient funds fee and to process any such payment as an Electronic Payment.
4. We may suspend or cancel the Services if we do not receive an on time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content.
1. You may cancel your recurring subscription at any time. Your subscription will continue until the expiration date, at which point the renewal cycle will cease.
2. If after cancelling your subscription you wish to receive a refund, you must email us at support [at] bellrooms.com with your request within fourteen (14) days of your original purchase or in the case of a renewal, no more than fourteen days (14) after your renewal date.
3. We calculate your refund on a pro rata basis, so you will be refunded the total amount of fees for the relevant subscription period, less the proportional fees for the period already elapsed. For instance, if you have taken out a quarterly subscription and cancel after 1 week, you will be charged for 1 week’s subscription and receive the difference as a refund. If you have taken out a weekly subscription, you will be charged for each day you have had the subscription.
4. Other than as required by law, or requested due to a breach of these Terms by Bellrooms, all refunds will be discretionary. In the event that you have breached any of these Terms your refund may be refused or reduced.
5. Other than as prohibited by law, we reserve the right to issue either refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply.
6. Refunds will be made to you via your chosen payment method, in accordance with the Payment Details provided and we will endeavour to process these within 7 working days.
1. You understand that in renting out Rooms you will be receiving an income and may be liable to pay taxes on that income, or otherwise in relation to the rental fees received.
2. You understand and acknowledge that appropriate governmental agencies, departments or authorities (the "Tax Authority") where your Rooms are located may require taxes to be collected from on the amount paid for the right to use and/or occupancy of Rooms, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the rent set by the relevant Subscriber as lessor, a set amount per day, or other variations, and may, for example be called "occupancy taxes," "hotel taxes," "lodging taxes," "transient taxes," "sales and use taxes," "value added taxes," "room taxes" or "tourist taxes".
3. You agree that you are solely responsible for determining:
1. your applicable tax reporting requirements; and
2. the taxes that should be included in any Room listing and charged to any Registered User (as lessee).
3. You agree that you are solely responsible for paying any taxes received or owing by you (including but not limited to VAT or equivalent taxes) to the relevant Tax Authority.
4. Bellrooms cannot and does not offer tax-related advice.
8. Changes and Updates
1. The availability, usability, content, format and structure of the Site is subject to change at any time and without notice.
2. There may be times when Bellrooms needs to remove or change features or functionality of the Service or stop providing a Service or access to Services altogether. Except to the extent required by applicable law, Bellrooms has no obligation to provide a re-download or replacement of any material or applications previously purchased.
3. Bellrooms may release new services or new features in a beta version, which may not work correctly or in the same way the final version may work.
4. Bellrooms may change these Terms, including the payment terms and fee structure and terms relating to free periods or promotional offers, at any time. Using the Services after the changes become effective means you agree to the new terms. If you don’t agree to the new terms, you must stop using the Services and close your Site account.
1. THE MATERIALS AND INFORMATION YOU FIND ON THE SITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE, OR IN CONNECTION WITH THE COMPANY’S SERVICES OR THE PROVISIONS OF SPACES BY SUBSCRIBERS AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY OR NON-INFRINGEMENT, OTHER THAN WHERE IMPOSED BY LAW.
2. THE COMPANY DOES NOT GUARANTEE THE SERVICES OR THE PROVISION OF THE SPACES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR, NOR DOES IT GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.
3. This disclaimer of liability applies to any loss, damages, expense or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action.
4. You specifically acknowledge that Bellrooms is not liable for any content on the Site and more specifically (but without limitation) for any defamatory, offensive, infringing or illegal materials you place on the Site or for your conduct or that of third parties, and Bellrooms reserves the right to remove such materials from the Site without liability.
5. All content, including, but not limited to text, figures, timetables, photographs, graphics, etc., in the Site and any automatic responding messages may contain technical errors or typing inaccuracies or other types of errors or inaccuracies. Bellrooms assumes no responsibility whatsoever for any such errors or inaccuracies. This Site has been complied in good faith by Bellrooms without representation or warranty, neither express nor implied, as to the completeness or accuracy of the information it contains.
6. You agree that your use of the Site is entirely at your own risk and in doing so you fully indemnify, defend, and hold harmless Bellrooms.
7. You fully indemnify, defend, and hold harmless Bellrooms and all third parties against any inaccuracy in any of Your Content, and fully indemnify, defend, and hold harmless Bellrooms for any inaccuracy in any content provided by Bellrooms or any other user.
8. You agree not to hold Bellrooms liable for the consequence of any action(s) you may take on the basis of the information contained on the Site and specifically agree that nothing on the Site constitutes advice or a recommendation of any kind.
9. You agree not to hold bellrooms.com or any third party liable for any loss or damage caused by any form of attack, including but not limited to, a denial-of-service attack, viruses, or any other technology that may harm your computer equipment (including but not limited to laptops, tablets and telephone devices), programs and/or data.
10. Limitation on Liability
1. If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from Bellrooms or any affiliates, resellers, distributors, third-party apps and services providers, and vendors, direct damages up to an amount equal to your Services fee for the month during which the breach occurred (or up to £10 (Ten British Pounds) if the Services are free). You agree that you will not claim for, or be entitled to, any other damages or losses, including, without limitation, direct, consequential, lost profits, special, indirect, incidental, or punitive.
2. These limitations and exclusions apply even if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms, the Services, or the software related to the Services.
11. Intellectual Property
1. The contents contained in the Site are copyrighted materials owned or controlled by Bellrooms. You must not use, copy, modify, transmit, store, publish or distribute the materials on this Site, create any other materials or impersonate any aspect of this Site, without obtaining the prior written approval from Bellrooms.
2. The Site, products, technology and processes contained in this Site may be the subject of other intellectual property rights owned by Bellrooms or by third parties. No license is granted in respect of those intellectual property rights other than as set out in these Terms. Your use of this Site must not in any way infringe the intellectual property rights of any person.
3. Bellrooms’ trademarks, trade names, service marks, logos and all related products or service names, design marks, or slogans are the properties of Bellrooms and may not be used in any way without prior written approval from Bellrooms.
12. External Sites
1. The Site may contain links to frames or websites of third parties ("external sites") which are not maintained by Bellrooms. Bellrooms is not responsible for the content of those sites and cannot guarantee that sites will not change without our knowledge, and inclusion of a link in the Site does not imply Bellrooms’ endorsement of the relevant websites.
2. You agree not to hold Bellrooms responsible for any inaccurate or inappropriate content, service failure, or any other failure or breach either directly or indirectly/third party through or by any external sites.
3. You may not link our website to your or any other website without the permission of the Site’s administrator.
13. Data Protection & Privacy
14. Your Content
1. As a Registered User and/or a Subscriber you may be entitled to post, upload, publish, submit or transmit Your Content online or receive content from others. Bellrooms doesn’t claim ownership or responsibility for Your Content. Your Content is owned by you at all times and you are solely responsible for it.
2. When you share Your Content with other people via the Site, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, transmit and display Your Content without compensating you and without you necessarily being aware of such usage. If you do not want others to have that ability, do not use the Services to share Your Content.
3. You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for Your Content that is uploaded, stored or shared on or through the Services and that the collection, use, and retention of Your Content will not violate any law or rights of others. Bellrooms cannot be held responsible for Your Content or the material others upload, store or share using the Services.
5. You acknowledge and agree that you are solely responsible for all Your Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Your Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Bellrooms the rights in Your Content, as contemplated under these Terms; and (ii) neither the Your Content nor your posting, uploading, publication, submission or transmittal of Your Content or Bellrooms' use of Your Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
1. If you violate these Terms Bellrooms has the right, immediately and without notice, to stop providing Services to you temporarily or permanently, close your account, block delivery of a communication (like email or instant message) to or from the Site in an effort to enforce these Terms or remove or refuse to publish Your Content for any reason. Furthermore, if Bellrooms identify any violations of the terms and conditions which are deemed to be of an unlawful / criminal nature, law enforcement will be informed.
2. When investigating alleged violations of these Terms, Bellrooms reserves the right to review Your Content in order to resolve the issue.
1. Any notices to be sent to Bellrooms under these Terms should be sent to the following:
info [at] bellrooms.com
14 London Road
2. You may not assign or transfer these Terms, by operation of law or otherwise, without Bellrooms' prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Bellrooms may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
3. The failure of Bellrooms to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Bellrooms. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
4. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms.
5. These Terms constitute the entire and exclusive understanding and agreement between Bellrooms and you regarding the Site, Application, Services, Your Content, and any bookings or listings of Spaces made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Bellrooms and you regarding bookings or listings of Spaces, the Site, Application, Services, and Your Content.
17. Governing Law and Dispute Resolution
1. Any dispute or claim resulting from a breach or departure form the Terms, shall be governed by and upheld in accordance with the laws of England and Wales.
2. Bellrooms is not responsible or has any obligation for any dispute you may have with another user/entity.
3. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application will be subject to the exclusive jurisdiction of the courts of England and Wales.