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General Terms and Conditions of Contract



VAT/Fiscal Code B-67562116

Tradename: HERROOMS

Registration data: Mercantile Registry of Barcelona, ​​Volume 47.342, Folio 185, Sheet B-549077.

Home address: (08021) Barcelona, ​​Carrer de Muntaner, number 328, fourth floor, second door.

Email: [email protected]   

Website: www.herroomies.com (the website").

This document (as well as any other document mentioned here), regulates the conditions governing the purchase of products and/or services on this Website (hereinafter, "Conditions"). In addition to reading these Conditions, before accessing, browsing and/or using this Website, it is important that you read the Legal Notice, the Privacy Policy and the Cookies Policy.

The contracting of services or products offered by HerRoomies, confers the condition of User (hereinafter, User), so that at the time you want to contract services or products of HerRoomies, as a User you must expressly accept all the Conditions here established, without prejudice to the application of the corresponding legal regulations that apply. As a User, you declare that you are over 18 years of age and have the legal capacity to enter into contracts through this Website.

These Conditions constitute a legally binding agreement (“Agreement”) between the User and HerRoomies that governs the access and use of the Website, including any subdomain, as well as any other website through which HerRoomies makes its services available. Hereinafter, the Website and HerRoomies will be referred to as “The Platform”.

The use of the Website implies the full acceptance by the User of all the Conditions in force at each moment in which the User accesses it, therefore, if you do not agree with the Conditions established here, you should not use the Platform.


Table of Contents

  1. Scope of the HerRoomies Platform.
  2. Conditions of access and use of the Website.
  3. Modification of these Terms.
  4. Account Registration
  5. Industrial and Intellectual Property Rights.
  6. Prices and Rates for services.
  7. Specific Terms for Registered Users as Advertisers.
  8. Specific terms for Users Registered as Users.
  9. Evaluations and comments.
  10. Forbidden activities.
  11. Exclusion of liability.
  12. Responsibility.
  13. Actions in case of non-compliance.
  14. Partial nullity.
  15. Applicable law and jurisdiction
  16. General disposition
  1. Scope of the HerRoomies Platform.

1.1 The Platform is an online portal that allows homeowners (“Advertisers” or “Owners”) to publish their rooms or homes available for rent, and communicate directly with potential tenants (Registered Users) who wish to rent them. HerRoomies is a marketplace that connects tenants and owners.

The advertisements published on The Platform consist of accommodation available for rent. (“Accommodations”).

1.2. HerRoomies does not manage the Accommodations offered by Advertisers. HerRoomies is not a combined travel agency or a real estate agency, being only an intermediary Platform.

The Advertisers are entirely and exclusively responsible for the reality and veracity of the Ads published through the Platform. When Registered Users rent a home/room through the Platform, they will sign the corresponding contract with the Advertiser, without HerRoomies being responsible for its fulfillment.

1.3. HerRoomies has no control over and does not guarantee (i) the existence, quality, safety, suitability or legality of any Listing (ii) the truth or accuracy of any Listing descriptions, Comments and other Content posted on the Platform by the Registered User (the Content) (iii) the conduct of any Registered User or regarding the Ads included in the Platform.

HerRoomies does not endorse any Registered User or Listing on the Platform. Any reference to a "verified" Registered User (or similar term) only indicates that the User has completed the corresponding identification process and the veracity of the information provided by the User at the time of registration. The User must exercise due diligence and care when deciding to hire an Accommodation published on the Platform.

The sole purpose of the Images is to provide a photographic representation of an Advertisement at the time the photograph, video or virtual tour has been taken, and therefore do not imply an endorsement by HerRoomies with respect to the Accommodation, nor with respect to to the Advertiser.

1.4 If you use the Platform as an Advertiser, your relationship with HerRoomies is as an independent third party and not as an employee, agent, affiliated company or partner of HerRoomies.

As an Advertiser, you act exclusively on your own behalf and in your own interest, exercising the necessary diligence, without at any time acting on behalf of or in the interest of HerRoomies.

HerRoomies does not direct or control the actions you take or your behavior under these Terms, including with respect to your provision of services as an Advertiser. You acknowledge that you can, at your sole discretion, publish Accommodations, as an Advertiser, as well as carry out any other commercial activity within the legally established limitations and with due respect for current legislation.

The use of the Platform does not enable you to make use of the HerRoomies brand, its images, logos, distinctive signs duly registered. HerRoomies at no time transfers the use of the Brand to Advertisers or Registered Users.

  1. Conditions of access and use of the Website

2.1. In order to access and use the HerRoomies Platform, you must create a Registered User Account. To do so, you must be 18 years of age or older or have a company, organization, or other legal entity, with a legal representative that has the legal capacity to enter into a contract with HerRoomies.

2.2. HerRoomies may establish limitations and/or additional conditions, such as carrying out a verification process, meeting certain eligibility criteria, satisfying assessments or evaluations for the use and/or access to the Website and/or the Contents, which must be observed by users. Registered Users in any case.

2.3. User verification on the Internet is difficult and we assume no responsibility for confirming the identity of any Registered User. Notwithstanding the foregoing, for the purposes of transparency and in accordance with the Law on the Prevention of Money Laundering and Terrorism, we may (i) request Registered Users to provide a photocopy or any other support that proves the corresponding national identity document as well as any other identification documents that the Law of each country allows, such as, but not limited to, the passport, residence card, visa or driving license (ii) filter Registered Users by comparing them with databases of third parties and other sources as well as the request to service providers of the corresponding reports on the identity of the person, company or entity that makes use of the IP with which a Registered User accesses and registers on the Platform and (iii) when we have sufficient information to identify a Registered User, obtain reports from any public records, background criminal and police, or sex offender registries or the equivalent of records or checks of registered sex offenders in your local jurisdiction (if accessible and known to HerRomies).

2.4. If you access the Platform through the application for mobile phones, tablets or any other smart device that allows its download, you declare to accept the end user agreement of the application under license. Some areas of the HerRoomies application implement location services and access to files on your computer when uploading profile and/or real estate images; It is also possible to request access to the camera when uploading images depending on the device you use.

2.5. The User undertakes to make appropriate and lawful use of the Website, in accordance with applicable legislation, these Conditions, morality, good customs and public order. The User must refrain from (i) making unauthorized or fraudulent use of the Website; (ii) access or attempt to access resources or restricted areas of the Website, without complying with the required conditions (iii) use the Website for illicit, illegal purposes, contrary to what is established in these Conditions, in good faith and order public, harmful to the rights and interests of third parties, or that in any way may damage, disable or overload the Website or prevent its normal operation; (iv) cause damage to the systems of HerRoomies, its suppliers or third parties; (v) introducing or spreading computer viruses or any other systems that are likely to cause damage to the physical or logical systems of HerRoomies, its suppliers or third parties, (vi) trying to access, use and/or manipulate data from HerRoomies, third-party providers and other users; (vii) reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the Contents, unless authorized by the owner of the corresponding rights or legally permitted; (viii) delete, hide or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of HerRoomies or third parties incorporated into the Contents, as well as the technical protection devices or any information mechanisms that may be inserted in the content; (ix) obtain or attempt to obtain the Contents using means or procedures other than those that, depending on the case, have been made available for this purpose or have been expressly indicated on the web pages where the Contents are located or, in general, of those that are commonly used on the Internet because they do not entail a risk of damage or disablement of the Website and/or the Contents.

2.6. Those Users who wish to establish a hyperlink, link or link between their website and the Website (the "Link") must comply with the following obligations: (i) the Link will only allow access to the Website, but may not reproduce it in any way. form; (ii) no false, inaccurate or incorrect statements or indications will be made on the Website; (iii) it will not be declared or implied that HerRoomies has supervised the contents, services offered or advertised, nor the contents of the website where the Link is established; (iv) the website where the Link is established will not contain any brand, commercial name, denomination, logo, slogan or other distinctive signs belonging to HerRoomies or to third parties, without their authorization; (vi) the website on which the Link is established will not contain illicit information or content, contrary to morality, good customs and public order, or contrary to any rights of third parties. The establishment of the Link does not imply in any case the existence of any relationship between HerRoomies and the owner and/or operator of the website on which it is established, nor the knowledge, acceptance and/or approval by HerRoomies of its contents and/or or services. HerRoomies will in no case be liable for the consequences that may arise from the introduction of Links by third parties, nor for the content, information and/or services offered on the websites where the Link has been established.

  1. Modification of the Terms and Conditions of Use

3.1. HerRoomies may modify these Conditions at any time, being published on the Website. The validity of the Conditions will depend on their publication and will be in force until they are modified by others duly published.

3.2. When modifying the Terms, HerRoomies will update the “Last Updated” date. Likewise, HerRoomies, at least 15 days before the entry into force of the new Conditions and by email, will inform the Registered User of the changes and modifications introduced.

3.3. If, as a Registered User, you do not agree with the revised Terms, you may terminate this Agreement with immediate effect. HerRoomies will inform you of your right as a Registered User to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Platform will constitute full acceptance of the revised Terms.

  1. Account Registration.

4.1 You will need to create an account (“User Account”) to access and use certain features of the Platform, such as posting a Listing or reserving an Accommodation. If you register a User Account for a company, organization or other entity with legal personality, you must represent and guarantee that you have the legal authority to legally bind said entity and grant us all the permissions and licenses set forth in these Terms of Use.

4.2 You can register a User Account through the Website form enabled for this purpose, with a valid email address and creating a password, or through your account linked to third-party social networks, such as Facebook or Google ("Account RRSS”).

4.3 You must provide accurate, current and complete information during the registration process, as well as keep the User Account information updated at all times together with that shown in your profile as a Registered User.

4.4 HerRoomies reserves the right to authorize a Registered User the possibility of registering with more than one (1) User Account. The transfer of the User Account to other platforms or web pages, as well as to other people, companies or entities other than the one that appears in the User Account at the time of registration, is expressly prohibited.

4.5 You will be responsible for maintaining the confidentiality and security of your User Account credentials and you may not disclose them to any third party. You must inform HerRoomies immediately if you have knowledge or suspicion that your credentials may have been appropriated by third parties, or are threatened in any way, or in the event of an unauthorized use of your User Account or of suspicion of it.

You will be responsible for the activities carried out through your User Account, unless such activities have not been authorized by you and provided that you have not acted negligently (such as in the event that you have not reported the unauthorized use or the loss of your credentials).

4.6 HerRoomies does not authorize any third party to request your credentials and you should not request the credentials of other Registered Users.

  1. Industrial and Intellectual Property Rights

5.1 The contents of the Website, including, among others, the images and texts of the articles, whatever their format, programming language and form of representation, are the property of HerRoomies, or have acquired the corresponding rights from their owners, and are protected by the laws on intellectual property. Under the provisions of the Intellectual Property Law, it is expressly prohibited to copy, reproduce, sell, transmit, distribute, republish, modify or display for commercial use without the prior consent of HerRoomies. The User undertakes to respect the Intellectual and Industrial Property rights owned by HerRoomies.

HerRoomies authorizes the User to make private reproductions (simple downloading and storage activity in their computer systems), as long as the elements are exclusively for personal use. In no case, this will mean an authorization or license on the property rights of HerRoomies or its legitimate owners. The User is not authorized to distribute, modify, transfer, or publicly communicate the contents to which they have access as a User, regardless of the form and purpose.

5.2 HerRoomies allows Registered Users and Advertisers to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video and other material and information through, the Platform ("User Content" ); and (ii) access and view Content that HerRoomies makes available through the Platform, including content owned by HerRoomies or authorized by a third party for use by HerRoomies (“HerRoomies Content and, together with Registered User Content , "Contents").

5.3 In the cases in which, as an Advertiser, you provide photographs of the Accommodation, you authorize HerRoomies to proceed with their publication in the Advertisement and you express your agreement with the temporary transfer of your copyright or any other existing intellectual property right over the audiovisual material and advertising generated for the publication of the Ad and you guarantee that they do not infringe the intellectual property rights of third parties, in accordance with the provisions of this clause. The Advertiser will be solely responsible for all third party claims of infringement of any intellectual property right, including all legal fees and expenses. Likewise, the Advertiser undertakes to indemnify and hold HerRoomies harmless against any claim related to said infractions.

The photographs provided will be exclusively of the Accommodation and will not contain references to personal data, nor will people appear in them. HerRoomies reserves the right to withdraw them at any time from the Ad without prior notice to the Advertiser. The Advertiser may at any time request the removal of the photographs provided by means of a written communication to HerRoomies, who will proceed to remove them from the Website. HerRoomies will not be responsible for the removal of the same on any other website or third party platform.

In any case, as an Advertiser you accept and authorize HerRoomies to publish the Advertisement of your Accommodation on all the websites of the HerRoomies group. Likewise, you authorize HerRoomies, with the aim of obtaining the greatest possible diffusion of your Accommodation Ad, to publish it on classified ad websites belonging to third parties outside the HerRoomies group.

5.4 Acceptance of these Terms does not imply that you are granted a license or right, implicitly or explicitly, under any intellectual property right owned by HerRoomies, or its licensors, with the exception of the licenses and rights that are expressly granted in these Terms of Use.

5.5 Notwithstanding your compliance with these Terms, HerRoomies grants you a non-exclusive, non-sublicensable, revocable and non-transferable license to (i) download and use the Application on your personal device(s) and (ii) ) access and view any Content made available through the Platform and accessible to you, solely for personal and non-commercial use.

5.6 By uploading, posting or otherwise making available any Content through the Platform, you grant HerRoomies a non-exclusive, worldwide, royalty-free, sub-licensable and transferable license to such Content for the full term of protection of the rights granted to access, use, store, copy, modify, prepare derivative works, distribute, publish, transmit, disseminate and exploit in any way said Content to provide and/or promote the Platform in any medium, and, specifically, through the Internet and social networks. When the Content includes personal information, said content will only be used for those purposes if it complies with current legislation on data protection, in accordance with our Privacy Policy.

Without prejudice to the fact that, as a Registered User, you authorize HerRoomies, it will not claim any property rights in any User Content and nothing contained in these Conditions will be considered to partially or totally restrict the right that may assist you for the use or exploitation of your User Content.

5.7 As a Registered User you are solely responsible for all User Content that you make available through the Platform. Consequently, you represent and warrant that: (i) you are the sole and exclusive owner of all User Content that you make available through the Platform or that you have all the rights, licenses, consents necessary to grant HerRoomies the rights to such Content, as contemplated in these Conditions; and (ii) neither the Content, nor your posting, posting, posting or transmission of the Content nor HerRoomies's use of the Content (or any part thereof) as contemplated by these Terms, will violate or misappropriate such Content. nor will it in any way infringe the patent rights, copyrights, trademark rights, trade secret intellectual property, moral rights or other intellectual property rights of any third party, nor the privacy rights of any third party, nor will it result in the breach of any applicable law or regulation.

5.8 As a Registered User, you may not post, upload, post, post or transmit any Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or misleading; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, intolerance, racism, hatred, harassment or harm against any person or group based on race, sex, sexual orientation or political and religious beliefs as well as against animals; (iv) is violent or threatening or encourages violence or actions that are threatening to any other person or animal; (v) encourages illicit activities, or activities that are harmful to health; or (vi) violates the HerRoomies Content Policy or any other HerRoomies policy.

HerRoomies may remove or disable access to any User Content that violates the laws, customs, morals, these Terms of Use or the current HerRoomies Policies, or that in any way could be harmful or offensive to HerRoomies, its partners, workers, Registered Users, third parties or any other material, artistic and cultural assets.

When HerRoomies removes or disables User Content, HerRoomies will notify the Registered User and provide reasons, unless the notification (i) prevents detection (ii) harms the legitimate interests of Registered Users or (iii) contravenes applicable laws. .

  1. Prices and Service Fees

6.1 HerRoomies will charge fees to Advertisers (“Advertiser Fees”) and/or Users (“User Fees”) (hereinafter, collectively, the “Service Fees”) as consideration for the use of the Platform. HerRoomies.

6.2 All Service Fees that are applicable (including the corresponding Taxes) will be shown to the Advertiser or the User before publishing or reserving an Accommodation.

HerRoomies reserves the right to change the Service Rates at any time, notifying Registered Users regarding rate changes before they come into force. Changes in said rate will not affect reservations made prior to the date of the rate change.

6.3 The User is responsible for paying any Service Fees owed to HerRoomies. The Service Fees that are applicable (including the corresponding applicable Taxes) are collected by HerRoomies.

When a User makes an Accommodation reservation request, they will receive an itemized summary of the first payment they have to make, which is the equivalent of one month's rent and the HerRoomies User Fee.

When the Advertiser receives the reservation request, they receive a breakdown of the total value of the reservation and the commission that will be deducted from the payment to be made.

6.4 Advertisers may post advertisements free of charge. The payment of the Advertiser Fee will be accrued once the room/house has been rented. In the case of tenants, the Payment of the User Fee will accrue at the time of confirmation of the reservation by the Advertiser.

6.5 The User has 48 hours from the moment he enters to live in the Accommodation to block the payment to the Advertiser, if the property is not the one that was advertised, or if the Advertiser decides to cancel the contract. In these cases, payments will be returned to the tenant.

6.6 Payment method: The accepted payment method is through Stripe. The transaction will be made through the User's personal account on that platform, being the only responsible for any problem related to the payment. This method of payment has no cost to the customer.

HerRoomies uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. The collection, storage and transmission of personal information through the website is encrypted through the use of the SSL (Secure Socket Layer) security protocol, an encryption system that provides total security in data transmission.

  1. Specific Terms for Registered Users as Advertisers.

7.1 Terms applicable to all Ads

7.1.1 When creating a Listing through the Platform you must (i) provide complete and accurate information (listing description, location and date availability), (ii) any deficiencies, restrictions (such as house rules) and requirements that may be relevant (such as a minimum age) and (iii) any other relevant information that HerRoomies requests from you. You are responsible for keeping your Listing information (including availability) up to date at all times. HerRoomies will check each Listing before it is published.

7.1.2 You are responsible for setting a price (including Taxes, if applicable, or other charges such as cleaning fees) on your Listing (“Listing Fee”). Once a User requests the reservation of your Ad, you will not be able to demand that the User pay a higher price than the one specified in the reservation request.

7.1.3 The conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Conditions.

7.1.4 The images, animations or videos (collectively, the “Images”) used in your Listings must accurately reflect the quality and condition of the Accommodations. HerRoomies reserves the right to require Listings to have a minimum number of Images of a certain format, size and resolution.

7.1.6 The placement and ranking of Ads in search results within the Platform may vary and depends on various factors, such as search parameters and User preferences, Advertiser requirements, price, availability, number and quality of Images, customer service and cancellation history, Comments and Ratings, and/or ease of booking.

7.1.7 When you accept a reservation request from a User, you will be signing a legally binding contract with the latter, which obliges you to provide the Service to the User in accordance with the description incorporated in the Ad once the request is completed. backup. You also agree to pay the applicable Advertiser Fee and applicable Taxes.

7.1.8 HerRoomies recommends that you as an Advertiser take out adequate insurance for your Services. Carefully review the corresponding insurance policy that you have contracted and make sure you know and understand any exception and reduction that may apply to the insured risks, including, without limitation, the fact that it covers or does not cover the actions or inactions of the Users ( and the natural persons for whom the User has reserved, if applicable) during the stay in their Accommodation.

7.1.9 As an Advertiser you are responsible for keeping in force any permit, authorization or regulatory requirement, exempting HerRoomies from any type of liability derived from the breach of the foregoing and HerRoomies reserving the right to claim the Advertiser for any damage that may originate, directly or indirectly, in the lack of any regulatory requirement. As an Advertiser, you agree to notify HerRoomies immediately of any changes that affect your ability to offer the home for lease.

7.2 Advertised accommodations

7.2.1 Unless expressly authorized by HerRoomies, you may only list one Accommodation per Listing.

7.2.2 If you decide to require a security deposit beyond the Legally Enforceable Security Deposit, you must indicate this in your Listing (“Deposit”). As an Advertiser you cannot request a Deposit (i) after the reservation has been confirmed without mentioning it or (ii) outside the Platform.

7.2.3 In any Ad that you publish and the reservation of an Accommodation for a User (i) you must not breach any contract that you have signed with a third party, such as the community of owners, condominiums or other analogous agreements and (ii) you will comply with all applicable laws (such as urban planning), tax requirements and other rules and regulations (including having all the necessary permits, licenses and registrations).

  1. Specific Terms for Users Registered as Users

8.1 Terms applicable to all reservations

8.1.1 Subject to compliance with any requirements established by HerRoomies, and/or the Advertiser (such as completing any verification process), you may reserve an Listing available on the Platform by following the reservation process established on the Platform.

Before reserving a Listing, all applicable fees will be displayed, including the Security Deposit (if applicable), the User Fee and any applicable Taxes (collectively, the “Total Fees”).

You agree to pay the Total Fees for reservations requested in connection with your User Account.

8.1.2 Upon receipt of a booking confirmation, a legally binding contract is formed between you and the Advertiser, subject to any additional terms and conditions of the Advertiser that may apply, including the relevant cancellation policy and any rules and restrictions are indicated in the Announcement, as well as the corresponding applicable regulations and mandatory observance and compliance.

Fees will be collected by HerRoomies at the time of Advertiser's confirmation in accordance with the Payment Terms.

8.1.3 If you reserve an Accommodation on behalf of other Users, you are obliged to ensure that each of said additional Users meets the requirements established by the Advertiser and that they are aware of, as well as accept, these Conditions, as well as the terms and conditions, rules and restrictions indicated by the Advertiser.

If you book for an Additional User who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor.

8.2 Reservation of Accommodation

8.2.1 The accommodation reservation will be made through the procedure established on the website. You understand that a confirmed reservation of an Accommodation (“Accommodation Reservation”) constitutes a contract by which the Advertiser grants you legal powers to access, occupy and use the Accommodation or part thereof, for a certain period of time, during which the Advertiser (only to the extent and where permitted by applicable law) retains the right to access the Accommodation, in accordance with your Advertiser agreement.

8.2.2 You agree to leave the Accommodation no later than the date that the Advertiser and you mutually agree either for successive and regular periods, or for a single payment.

  1. Evaluations and Feedback

9.1 Within a limited time from the completion of a reservation, Users may leave a public evaluation (“Review”) and submit a star rating (“Review”) of the rented Accommodations. Ratings and Reviews reflect the views of individual Registered Users and not HerRoomies' views of Advertisers, Accommodations.

9.2 Ratings and Evaluations by Users must be accurate; In addition, they may not contain offensive or insulting language against the Advertiser, the Accommodation, or the staff that may have participated due to being directly or indirectly linked to the Advertiser.

9.3 Registered Users are prohibited from manipulating the Ratings and Reviews system in any way, such as directing a third party to write a negative or positive comment about an Accommodation, without having contracted it.

9.4 Ratings and Evaluations are part of the public profile of the Registered User as an Advertiser and may also be reflected in other parts of the Platform (such as the page of an Ad), together with other information that HerRoomies considers necessary for the proper functioning of the Platform. and to offer the best user experience.

  1. Forbidden activities

10.1 As a Registered User you are exclusively responsible for compliance with all laws, as well as tax obligations or any other nature that may be mandatory for the use of the Platform and the services offered on it.

In relation to the proper use and in guarantee of the best possible experience for Registered Users, you will not carry out, help or allow third parties to carry out the following actions:

  1. breach or circumvent laws, third-party contracts, third-party rights, or our applicable Terms of Use, Policies, or Rules;
  2. use the Platform or the Content for any commercial or other purpose that is not expressly contemplated or authorized by these Conditions or in a way that involves falsifying the authorization, endorsement or cooperation of HerRoomies, misleading third parties as to the affiliation or relationship you have with HerRoomies;
  3. copy, store or in any other way access or use any information, including personal information about any other Registered User, contained in the Platform, in any way, that is not in accordance with the HerRoomies Privacy Policy, as well as in accordance with with these Terms and Conditions that implies any type of violation of the privacy rights of Registered Users or third parties;
  4. use the Platform for the distribution of unwanted commercial messages (“spam”);
  5. offer, as an Advertiser, any Accommodation that you do not own or over which you do not have any title that allows you to dispose of, dispose of, lease or sublease it by any legally valid means or through the Platform;
  6. unless HerRoomies explicitly allows otherwise, reserve a Listing if you are not going to make effective use of it;
  7. contact another Registered User, HerRoomies staff, its partners or related third parties, for a purpose other than to ask a question regarding their own reservation, their Advertisement or the use of the Platform, prohibiting all those proposals, by way of illustrative, but not exclusive, related to employment contracts or proposals for any User to join third-party services, applications or websites, without our prior written authorization;
  8. use the Platform to request, make or accept a reservation outside the Platform, to avoid any Service Fees or for any other reason;
  9. request, accept or make any payment of Ad Fees outside of the Platform. If you do so: (i) you accept all risks and liability for such payment and (iii) release HerRoomies from any liability for such payment;
  10. discriminate or harass people on the basis of race, national origin, religion, ideology, sex, gender identity, physical or mental disability, medical situation, marital status, age or sexual orientation, or adopt violent behavior in any other way, harmful, abusive or disturbing against people, animals, real property, furniture, artistic or cultural;
  11. use, the name of HerRoomies, any trademark of HerRoomies, logo or other information subject to proprietary rights, or the design and layout of any page or form contained in a page of the Platform, without the express written consent of HerRoomies ;
  12. damage by any physical, digital or telematic means possible with current or future technology that allows it, the HerRoomies brand in any way, including, among others, the unauthorized use of Content, the registration or use of The Platform or derivative terms in domain names, trade names, trademarks or other source identifiers, or the registration or use of domain names, trade names, trademarks or other source identifiers that closely imitate domains, trademarks, slogans, promotional campaigns or Content of the Platform, or that are so similar to them that they lead to confusion;
  13. use robots, web spiders, web worms, web scrapers and other automated means or processes to access, collect data and other content from, or otherwise interact with, the Platform for any purpose;
  14. bypass, bypass, remove, disable, impede, decrypt or otherwise attempt to circumvent any technological measure implemented by HerRoomies or any of HerRoomies' providers or other third parties to protect the Platform;
  15. attempt to decipher, decompile or disassemble the software used to provide the Platform or reverse engineer it;
  16. take any action that harms or adversely affects, or may harm or adversely affect, the performance or correct operation of the Platform;
  17. export, re-export, import or transfer the Application, except to the extent authorized by Spanish or European Union laws and those of the corresponding jurisdiction, and any other applicable legislation; or
  18. infringe or violate the rights of any other person or harm any other person in any other way.

10.2 You acknowledge that HerRoomies has no obligation to monitor the Content or to actively seek facts or circumstances that indicate illegal activity, but has the right to review, disable access to or modify the Content in order to (i) operate, protect and improve the security of the Platform (including, without limitation, for fraud prevention, risk assessment, research and customer service purposes); (ii) ensure compliance by Registered Users with these Conditions (iii) comply with current legislation, judicial orders or requirements and/or those of the State security forces and bodies and other administrations or government bodies that require it; (iv) respond to Content that is considered harmful or offensive; or (v) as otherwise provided in these Terms.

Registered Users agree to cooperate and assist HerRoomies, as well as to provide the information and adopt whatever measures are necessary, when HerRoomies requires them within reason with respect to any investigation that HerRoomies, as well as its legal representatives initiate in relation to the bad use or abuse of the Platform.

10.3 If you suspect that any Registered User you interact with is acting inappropriately, such as (i) engaging in offensive, violent or sexually inappropriate behavior, (ii) who you suspect has stolen from you, or (iii) engages in any other disruptive conduct, you must immediately report such person to the appropriate authorities and then to HerRoomies by contacting us.

10.4 As a Registered User, you accept that the notifications you make to HerRoomies will not oblige you to undertake and adopt the pertinent legal actions, except those expressly required by law. To the extent possible, HerRoomies will carry out all those actions and undertake all the necessary measures. to stop the illicit behaviors carried out by the Registered Users and that have been brought to the attention of HerRoomies, without it being understood that HerRoomies will defend you from the damages that you may suffer due to the illicit acts of other Registered Users.

  1. Disclaimer

11.1 Exclusion of guarantees and responsibility

11.1.1 HerRoomies does not guarantee the availability and continuity of the operation of the Website or those other websites with which a hyperlink has been established. Likewise, HerRoomies will not be, in any case, responsible for any damages that may derive from (i) the lack of availability or accessibility to the Website or to those other sites with which a hyperlink has been established; (ii) the interruption in the operation of the Website or computer failures, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads in the telephone lines, in the Internet system or in other electronic systems produced in the course of its operation. ; (iii) the lack of suitability of the Website for the specific needs of the Users and (iv) other damages that may be caused by third parties through unauthorized interference beyond the control of HerRoomies.

11.1.2 In order to reduce the risk of introducing viruses on the Platform, HerRoomies uses virus detection programs to control all the Contents that it introduces on the Website. However, HerRoomies does not guarantee the absence of viruses or other elements in the Platform introduced by third parties unrelated to HerRoomies that may cause alterations in the Users' systems or in the electronic documents and files stored in their systems. Consequently, HerRoomies will not be responsible in any case for any damages that may arise from the presence of viruses or other elements that may cause alterations in the systems, electronic documents or files of the Users.

11.1.3 HerRoomies adopts various measures to protect the Platform and the Content against computer attacks by third parties. However, HerRoomies does not guarantee that unauthorized third parties cannot have access to the type of use of the Website made by the Registered User or the conditions, characteristics and circumstances in which said use is made. Consequently, HeRoomies will not be responsible in any way for damages that may arise from such unauthorized access.

11.2 Exclusion of guarantees and responsibility for the use of the Platform.

HerRomies will not be responsible in any case for the use that Users may make of the Platform or the Contents, nor for the damages that may arise from it.

11.3 Exclusion of warranties and liability for the Contents.

HerRoomies does not edit the User Content published on the Website and, consequently, does not guarantee nor is it responsible for the legality, reliability, usefulness, veracity, accuracy, completeness and timeliness of said User Content.

HerRoomies will not be responsible in any case for any damages that may arise from (i) the lack of legality, reliability, usefulness, veracity, accuracy, completeness, and/or timeliness of the Contents originated by third parties; (ii) the inadequacy for any purpose and the disappointment of the expectations generated by the Contents; (iii) decisions or actions taken or avoided by the User relying on the information or data provided or provided in the Contents, including without limitation the loss of benefits or business opportunities.

11.4 Exclusion of guarantees and responsibility in relation to hyperlinks.

The Website makes available to Registered Users and third parties, technical link devices, directories and search tools that allow Registered Users and third parties to access pages and/or websites belonging to and/or managed by third parties. HerRoomies checks the content on said pages at the time it establishes a hyperlink to them and does so in the good faith belief that such content complies with applicable law.

However, in no case, HerRoomies is responsible, approves, or owns the products, services, content, information, data, files and any kind of material existing on such web pages and does not control or be responsible, approve or make own the successive modifications of said materials. In the event that it deems it appropriate or is required by judicial or administrative order, The Company will remove the links to those web pages that violate the applicable legislation and/or harm the rights of third parties.

  1. Responsibility.

HerRoomies is responsible under the legal provisions that are applicable to it for the willful and/or negligent actions committed by HerRoomies, its employees, directors, partners or related third parties.

HerRoomies is responsible for incurring in breach of the contractual obligations assumed with third parties or registered Users and caused by the actions of HerRoomies, workers, directors, partners or related third parties.

  1. Actions in case of non-compliance

HerRoomies reserves the right to exercise all actions available by law to demand the responsibilities arising from the breach of any of the provisions of these Conditions by a User.

  1. Partial nullity

The declaration of any of the clauses of these general conditions as null, invalid or ineffective will not affect the validity or effectiveness of the rest, which will continue to be binding between the parties. The waiver by any of the parties to demand compliance with any of the general conditions stipulated herein at a given time will not imply a general waiver of compliance with another condition or conditions, nor will it create an acquired right for the other party.

  1. Applicable law and jurisdiction

The relationship between HerRoomies and the User will be governed by current Spanish regulations and any dispute will be submitted to the Courts and Tribunals of the city of Barcelona.

  1. General disposition

16.1 These Conditions and all the document to which they refer constitute an entire agreement between the User and HerRomies in relation to the object of this contract and replace any other agreement or previous agreement agreed either verbally or in writing between the same parts.

16.2 The acceptance of these Conditions, as well as the access and use of The Platform, does not imply that there is any relationship of related company, agency, labor or professional nature or commercial collaboration between the Registered User and HerRoomies.

16.3 These Conditions are exclusively applicable between the Registered User and HerRoomies, and no rights may be conferred on third parties who have not duly signed them.

16.4 The non-application by HerRoomies of any right or provision contained in these Conditions will not constitute a waiver of said right or provision unless expressly recognized by HerRoomies, in writing and with reliable notification through the email provided.

With the exception of what is expressly provided in these Conditions, any of the parties may exercise the actions that are necessary for the defense of any of their rights recognized by these Conditions, without said exercise affecting the other rights and obligations contemplated by the these Conditions, as well as those established by Law.

16.5 You may not assign, transfer or delegate this Agreement or your rights and obligations hereunder without the prior written consent of HerRoomies.

HerRoomies may assign, transfer or delegate this Agreement and any rights and obligations derived from it, at its sole discretion, with prior written notice to the email address provided at least 30 calendar days in advance. Notwithstanding the foregoing, your right to terminate this Agreement at any time will not be affected.

16.6 Unless otherwise indicated, any notice and other communications intended for Registered Users, necessary or permitted under these Conditions, will be made by electronic means through email, notification on the Platform or by text message or through any instant messaging application.

16.7 If you have any questions about these Terms, you can email us at: [email protected]

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