Welcome to Roomkast! Roomkast is owned and operated by Roomkast ApS. These are the terms and conditions for: Roomkast App (Android and iOS version - Available on Google Play and App Store) www.roomkast.com By using the platform, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the words "platform" and "application" refer to the Roomkast application, "we", "us", "our" and "Roomkast" refer to Roomkast and "user", "you" and “your" refer to you, the Roomkast user. The following terms and conditions apply to your use of the platform. This includes mobile and tablet versions, as well as any other version of Roomkast accessible via desktop, mobile, tablet, social media or other devices.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY SERVICE OR INFORMATION FROM THE PLATFORM.
1. ACCEPTANCE OF TERMS By registering and using the platform, you agree to be bound by this agreement. If you do not accept the terms of this agreement, you should not use the platform and discontinue use of the service immediately. We may modify this agreement from time to time, and such modification shall be effective upon its posting on the platform. You agree to be bound by any modification to this terms and conditions when you use Roomkast after any such modification is posted; it is therefore important that you review this agreement regularly. You represent and warrant that your use of the platform does not violate any applicable law or regulation. Roomkast may, in its sole discretion, refuse to offer the services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platform is revoked in such jurisdictions. The platform may only be used in compliance with these terms and all applicable local, state, national and international laws, rules and regulations. By registering and using the platform, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.
2. USERS By registering as a user on the platform to publish and manage properties, search and rent properties, create and sign rental contracts and in general, use the functionalities and services available on the platform, the user declares to accept the terms and conditions contained in this agreement. Users who register and use the functionalities available on the platform must undergo a verification process in which they must provide their ID or Passport in order to verify their identity. By registering on the platform, the user authorizes us to perform the necessary verifications. Roomkast reserves the right to reject any user who, in Roomkast's opinion, does not comply with the conditions to publish or rent properties listed on the platform and use the functionalities and services available on the platform. In consideration of your use of the platform as a user, you represent that you are of legal age to form a binding contract under any applicable jurisdiction. You also agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on Roomkast and (b) maintain and promptly update your registration data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such data is untrue, inaccurate, not current or incomplete, Roomkast reserves the right to suspend or terminate your account, remove your postings from the platform and refuse any and all current or future use of the service, at any time and without notice if Roomkast reasonably believes that you have violated any provision of these terms and conditions. Users may share personal and business information through the platform with other users. Any information that users share through the platform is the sole responsibility of the users themselves. Users are free to share information, but are responsible for the use of such information, its publication and disclosure. Roomkast is not responsible for the information posted and shared through the platform. The information you provide and post in connection with the properties you post through the platform may be visible to the general public.
3. ACCOUNT If you register on the platform, you will be asked to choose a password, and you may be asked for additional information or documentation, such as your name, email address, phone number, address, ID or passport. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. Users will be able to register and log in to the platform through their social network accounts. You are responsible for maintaining the confidentiality of your account information, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify Roomkast of any unauthorized use of your account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. You may never use another user's account without Roomkast's prior authorization. Roomkast will not be liable for any loss or damage arising from your failure to comply with this agreement. By providing Roomkast with your email address and phone number, you agree that we may use your email address to send you notifications, important communications about our services, news and special content. We may also use your email address and phone number to send you notifications via SMS messages, push notifications and other messages, such as changes to service features, news and special content. If you do not wish to receive these emails, SMS messages or push notifications, you may opt-out of receiving them by sending us your request through our contact information or by using the "unsubscribe" option in emails or by replying with the word "STOP" to SMS messages. Users can select not to receive push notifications through their profile and account settings. Users may cancel their accounts at any time and for any reason by following the instructions on the platform or by sending us their request through our contact information. That termination will only result in the deletion of the account and the deletion of all the personal data granted to Roomkast. Roomkast reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if Roomkast believes that you have breached any of these terms, furnished Roomkast with false or misleading information, or interfered with use of the platform or the service by others.
4. LISTINGS AND CONTRACTS Users will be able to publish their properties for rent through the listings available on the platform. Users who wish to publish their properties for rent on the platform must be the legal owners of the property or have the necessary licenses and permissions from the actual owners to publish and rent the property on the platform. Roomkast reserves the right to verify the ownership of the properties that users publish and rent through the platform. Owners must provide accurate and detailed information about the properties as well as accurate and current photographs or videos of the properties. Roomkast reserves the right to remove properties from listings that in Roomkast's opinion do not meet sufficient conditions for publication within the platform. Users will be able to create and sign rental contracts through the platform and agree on the conditions, value and payment of the rents of the properties in the contracts. Please note that a contract is an agreement of wills and that by signing the contract the parties are contracting the obligations agreed in the contract. Failure to comply with the obligations contained and agreed in the contracts may entitle the affected party to claim the fulfillment of the obligations through the courts. Users must take into account that although the contracts are created and signed through the platform, Roomkast is not part of the lease contracts and is not part of the transactions agreed in the contracts.
5. PAYMENTS Payments of the rents agreed in the lease contracts shall be made through our payment processor available on the platform. The payment of rents must be made on the dates agreed in the lease agreements created and signed through the platform. Users shall be solely and exclusively responsible for complying with the obligations agreed in the lease agreements created and signed through the platform. Rental payments made through our platform will be deposited and retained in our bank account until they must be transferred to the corresponding owner. The payment of the rentals will be charged to the credit/debit card of the paying user immediately upon completion of the payment process of the corresponding invoice. Once the transaction has been processed, we will send an electronic receipt of the transaction to the paying user's email address. If you find any inconsistencies in your billing, please contact us via our contact details or you can make a complaint via the customer service of the relevant payment platform. If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 working days. Your card may be declined for a number of reasons, such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code. If your payment is declined, you will need to provide an alternative payment method or provide another card on which the payment can be loaded and processed. Your payment details will be treated and safeguarded securely and for the sole purpose of processing the purchase of the plans and services. Roomkast reserves the right to engage any payment platform available on the market, which processes your data for the sole purpose of processing the purchase of the plans and services.
6. LICENSE TO USE THE PLATFORM Roomkast gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the platform provided to you by Roomkast as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by Roomkast, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. The user agrees not to use the platform and the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests or rights of the Roomkast platform or third parties. This service prohibits sending of messages, that: (1) Any kind of messages that are catalogued as SPAM. (2) Are harassing, abusive, defamatory, obscene, in bad faith, unethical or otherwise illegal content (3) distribute trojans, viruses or other malicious computer software (4) Any message with political or religious content (5) Any message with obscene or offensive content (6) Are intending to commit fraud, impersonating other persons, phishing, scams, or related crime (7) distribute intellectual property without ownership or a license to distribute such property (8) Breach, in any way, the terms of service, privacy policy or rules of this platform or the recipients. Roomkast reserves the right to terminate your access immediately, with or without notice, and without liability to you, if Roomkast believes that you have violated any of these terms or interfered with the use of the platform or service by others.
7. DISCLAIMER The properties published by users on the platform are not offered or provided by Roomkast. Roomkast's services are limited to providing the platform to offer and publish such properties and to facilitate the creation of rental contracts between owners and users. Roomkast is in no way responsible for the properties offered by users on the platform. The owners are solely and exclusively responsible for the properties they publish through the platform and are solely and exclusively responsible for the rental contracts created and signed through the platform. Although Roomkast may collect rentals from owners and may facilitate the platform to perform transactions corresponding to the corresponding rental payments to owners. Roomkast is not a party to the rental contracts made through the platform. Contracts created and signed through the platform are made exclusively between users. Users are solely and exclusively responsible for the fulfillment of the obligations included in the agreements made between users within the platform. Roomkast is not responsible for damages to the physical or moral integrity of persons, such as injury, death or any other moral damage such as threats, insults and slander that may fall on a natural person, as a result of the communications established on the platform. Communications and relationships established between users as a result of any connection within the platform are the sole and exclusive responsibility of the users. In the event that one or more users or any third party initiates any type of claim or legal action against another user or users, each and every user involved in such claims or actions exempt Roomkast from any liability. Communications and the creation and signing of rental contracts between users must be done within the platform. Roomkast is not responsible for transactions or agreements made between users outside the platform. Communications or agreements made between users outside the platform may result in the termination or suspension of the account of the users involved. By accessing the content available on the website, you accept personal responsibility for the results of the use of the information and content available on the website. You agree that Roomkast does not guarantee the results of actions advised or not advised by Roomkast and the content available on the website. Roomkast provides resources and content for informational purposes only. You acknowledge and agree that your ultimate success or failure to use the information and content available on the website will be the result of your own efforts, your particular situation and a number of other circumstances beyond Roomkast's control.
8. THIRD-PARTY MATERIALS. “Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.
9. COPYRIGHT All content included on this platform, such as text, graphics, logos, images, videos, audio clips, data compilations and software, is the property of Roomkast and its user content providers and is protected by international copyright laws. The compilation of all content on this site is the exclusive property of Roomkast and its user content providers and is protected by international copyright laws. All software used on this platform is the property of Roomkast or its software suppliers and is protected by international copyright laws. Users can publish and share content through the platform. By posting your content through Roomkast, you agree and consent that your content may be publicly displayed on the platform and may be shared by other users of the platform. By posting and sharing your content and the content of other users, you also agree not to modify or remove, directly or indirectly, any copyright, trade name, service mark, trademark or any other property displayed in the content available on Roomkast. Any alteration or use of the content outside the guidelines of these terms violates intellectual property rights and may be subject to claims or lawsuits. By accessing our platform, you do not have any right or title to the content available or other intellectual property.
10. COPYRIGHT INFRINGEMENT Roomkast will respond to all inquiries, complaints and claims related to alleged infringement or violation of provisions contained in Danish and international copyright and intellectual property laws and regulations. Roomkast respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any material provided on Roomkast's platform infringes your copyright or other intellectual property rights, please submit your request through our contact information, with the following information: Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included. A statement that specifically identifies the location of the infringing material, in sufficient detail so that Roomkast can find it on the platform. Your name, address, telephone number and email address. A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law. A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf. An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner's behalf. Upon receipt of a request for copyright infringement, Roomkast will contact the allegedly infringing user to enable the user to respond to the request. Responses to copyright infringement requests must contain the following: The physical or electronic signature of the user. The identification of the content that has been removed or the place where the content was posted. A statement, under oath, indicating a good faith belief that the content or material was removed due to an error. The name, address and telephone number of the user. A statement that the user consents to the jurisdiction of the court in which the user is located. All copyright infringement requests and responses may be submitted through our contact information.
11. USER CONTENT Some features of the platform may allow users to provide content and information. The user retains copyright or any rights they may have in the content they provide through the website. Roomkast is not responsible for the accuracy, safety or legality of the content posted on the platform by users. The user is solely and exclusively responsible for its content and the consequences of its publication. By providing content and information through the platform, the user grants Roomkast a worldwide, non-exclusive, royalty-free, fully paid right and license to host, store, transfer, display, perform, reproduce and modify the user's content for the sole purpose of displaying it through the platform and to the general public.
12. USER CONTENT REPRESENTATIONS AND WARRANTIES Roomkast disclaims all liability in connection with user content. The user is solely responsible for the content and the consequences of providing content through the platform. By providing user content through the service, you affirm, represent and warrant that: You are the creator and owner of the content you provide through the platform, or you have the necessary licenses, rights, consents and permissions to authorize Roomkast to publish and display your content through the platform. Your user content, and the use of your user content as contemplated by these terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Roomkast to violate any law or regulation. Your user content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate. Your user content does not and will not contain hateful content, a threat of physical harm, or harassment.
13. USER CONTENT DISCLAIMER Roomkast may, at any time and without prior notice, filter, remove, edit or block any user content that, in our judgment, violates these terms or is otherwise objectionable. If a user or content owner notifies us that user content allegedly does not conform to these terms, we may investigate the allegation and determine in our sole discretion whether to remove the user content, which we reserve the right to do at any time and without notice. You acknowledge and agree that Roomkast reserves the right to, and may from time to time, monitor any and all information transmitted or received through the service for operational and other purposes. If at any time Roomkast decides to monitor content, Roomkast continues to assume no responsibility or liability for the content or any loss or damage incurred as a result of the use of the content. During monitoring, information may be examined, recorded, copied and used in accordance with our Privacy Policy.
14. CONFIDENTIALITY OF INFORMATION The information provided by users through the platform, as well as personal data, property information and financial information, is confidential and will not be disclosed to unauthorized third parties. Roomkast undertakes to maintain the strictest confidentiality with respect to the information provided by users through the platform, warning, where appropriate, of this duty of confidentiality and secrecy to its employees, associates and any person who, by virtue of their position or relationship with the user must have access to such information. Roomkast may not reproduce, modify, make public or disclose to third parties the information that users provide through the use of the platform without the prior written and express authorization of the user. Roomkast undertakes to provide the necessary means to ensure that the information is not disclosed or transferred. Roomkast undertakes to adopt the same security measures that it would adopt with respect to its own confidential information, preventing its loss, theft or subtraction. Roomkast undertakes, where appropriate, to warn of the existence of the duty of confidentiality to its employees, associates, and any person to whom it makes the information accessible, being responsible for the misuse they may make of confidential information.
15. PERSONAL DATA Any personal information you post or submit in connection with the use of the platform will be used in accordance with our privacy policy. Please see our privacy policy.
16. PROHIBITED ACTIVITIES The content and information available on the platform (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such content and information, is proprietary to Roomkast or licensed to the Roomkast by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the platform. In addition, the following activities are prohibited: Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission. Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure. Deep-link to any portion of the services for any purpose without our express written permission. "Frame", "mirror" or otherwise incorporate any part of the services into any other platforms or service without our prior written authorization. Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Roomkast in connection with the services. Circumvent, disable or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any content. Download any content unless it’s expressly made available for download by Roomkast.
17. DISCLAIMER OF WARRANTIES Because of the nature of the Internet Roomkast provides and maintains the platform on an "as is", "as available" basis and makes no promise that use of the platform will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control. Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law. You will be responsible for any breach of these terms by you and if you use the platform in breach of these terms you will be liable to and will reimburse Roomkast for any loss or damage caused as a result. Roomkast will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God. These terms do not affect your statutory rights as a consumer which are available to you. Subject as aforesaid, to the maximum extent permitted by law, Roomkast excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Roomkast and Roomkast shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to: Any incorrect or inaccurate information on the platform. The infringement by any person of any Intellectual property rights of any third party caused by their use of the platform. Any loss or damage resulting from your use or the inability to use the platform or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control. Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong. Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the platform or from transmissions via emails or attachments received from Roomkast. All representations, warranties, conditions and other terms which but for this notice would have effect.
18. ELECTRONIC COMMUNICATIONS No responsibility will be accepted by Roomkast for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any user, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
19. INDEMNIFICATION You agree to defend and indemnify Roomkast from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of: Your breach of this agreement or the documents referenced herein. Your violation of any law or the rights of a third party. Your use of the platform.
20. CHANGES AND TERMINATION We may change the platform and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these terms at any time by notifying you in writing (including by email) or without any warning.
21. ASSIGNMENT This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Roomkast without restriction.
22. INTEGRATION CLAUSE This agreement together with the privacy policy and any other legal notices published by Roomkast, shall constitute the entire agreement between you and Roomkast concerning and governs your use of the platform.
23. DISPUTES The user agrees that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the platform, shall be resolved by binding arbitration between the user and Roomkast, provided that each party retains the right to bring an individual action in a court of competent jurisdiction. In the event a dispute arises in connection with the use of the platform or the breach of these terms and conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules. You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. Roomkast may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties. To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the platform and purchase of products posted and offered through the listings available on the platform. The courts of Denmark shall have jurisdiction over any dispute, controversy or claim relating to Roomkast and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of Denmark.
24. FINAL PROVISIONS These terms and conditions are governed by the laws of Denmark and the European Union. Use of Roomkast platform is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions. Our performance of these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our platform or information provided to or gathered by us with respect to such use. If any part of these terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future. Any rights not expressly granted herein are reserved.
25. CONTACT INFORMATION If you have questions or concerns about these terms, please contact us through our contact page or via the contact information below: Roomkast ApS. info@roomkast.com
