Terms of Service
Please read these Terms of Service fully and carefully before using www.habyt.com and the services, features, content or applications offered by Habyt GmbH, PROJECTS Co-Living Madrid SL, Habyt Italy srl, PJCTS PORTUGAL, UNIPESSOAL LDA and GoLiving GmbH [all of them hereinafter referred to as Habyt]. These Terms of Service set forth the legally binding terms and conditions for your use of the website and the Services.
Recitals:
Habyt is a company offering a wide range of modern, fully furnished rooms in shared apartments in various cities.
Rooms can be rented quickly and easily via the company website www.habyt.com.
To be able to use certain functionalities of this website and the use of special services you need to register as a member of „Habyt community“.
1. Acceptance of Terms
By registering for and/or using the services in any manner, including but not limited to visiting or browsing the website, the user agrees to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the website by Habyt, each of which is incorporated by reference and each of which may be updated from time to time without notice to the user.
Certain services may be subject to additional terms and conditions specified by Habyt; the use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
2. Member registration
The offering of Habyt, in particular the rental of a room, is available exclusively to registered members.
To be able to use the facilities offered by der „Habyt community“, the user must successfully apply to the „Habyt community“.
The membership is allowed only for individuals of full age (18 years or older) and with full legal capacity. By registering with Habyt, the user declares that he/she is at least 18 years old and with full legal capacity.
Habyt may, in our sole discretion, refuse to offer the services to any person or entity and change its eligibility criteria at any time.
The right to access the Services is revoked where these Terms of Service or use of the services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the services are offered only for users use, and not for the use or benefit of any third party.
3. Registration
For the purpose of registration, the user must provide the following:
a. personal details
b. answers to various questions about yourself
c. bank account number or means of payment
If the user is already to an earlier date registered as a Habyt member, his/her personal data will be confirmed (on a random sample basis), either online or personally, by a Habyt employee.
Habyt may either reject or accept the registration request submitted by the user. The authorization to register remains at the discretion of Habyt. The user has no claim for the registration.If the user's registration request is accepted, the user can check the registration details and accept the terms of membership in Habyt.
The authorizations associated with the membership are granted exclusively to the registered user and are not transferable. The user may use only his/her personal data for the registration. Only one active member account per user is allowed.
The user represents that the information provided by the user during the registration process is accurate, complete and up-to-date and will also be subsequently updated on an ongoing basis.
Users are solely responsible for the activities that occur on their account, and for keeping their account password secure. They may never use another person’s user account or registration information for the services without permission. They must notify Habyt immediately of any changes in their eligibility to use the services, breach of security or unauthorized use of their account.
They should never publish, distribute or post login information for users account. 4. Content For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this agreement, “Content” also includes all user Content (as defined below).
The user acknowledges that all content accessed by him using the services is at his own risk and he will be solely responsible for any damage or loss to him or any other party resulting therefrom. Habyt do not guarantee that any content the user access on or through the services is or will continue to be accurate.
The services may contain content specifically provided by Habyt, their partners or their users and such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. User shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
Subject to these Terms of Service, Habyt grant each user of the services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) content solely for purposes of using the services. Use, reproduction, modification, distribution or storage of any content for other than purposes of using the services is expressly prohibited without prior written permission from us. User shall not sell, license, rent, or otherwise use or exploit any content for commercial use or in any way that violates any third party right.
Habyt do not guarantee that any content will be made available on the website or through the services. Habyt reserve the right to, but do not have any obligation to, remove, edit, block or modify any content in our sole discretion, at any time, without notice to the user and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if Habyt are concerned that the user may have violated these Terms of Service).
5. Rules of Conduct
As a condition of use, users promise not to use the services for any purpose that is prohibited by these Terms of Service. Members are responsible for all of their activities in connection with the services.
Users shall not (and shall not permit any third party to) either take any action or upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the service, that:
1. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
2. they know is false, misleading, untruthful or inaccurate;
3. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane,
4. contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
5. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
6. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
7. impersonates any person or entity, including any of Habyt employees or representatives of Habyt; or
8. includes anyone’s identification documents or sensitive financial information.
Members shall not:
1. take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on (or third party providers’) infrastructure of Habyt;
2. interfere or attempt to interfere with the proper working of the services or any activities conducted on the services;
3. bypass, circumvent or attempt to bypass or circumvent any measures of Habyt may use to prevent or restrict access to the services (or other accounts, computer systems or networks connected to the services);
4. run any form of auto-responder or “spam” on the services;
5. use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the website;
6. harvest or scrape any content from the services; or
7. otherwise take any action in violation of guidelines and policies of Habyt.
Users shall not (directly or indirectly):
1. decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction,
2. modify, translate, or otherwise create derivative works of any part of the Services, or
3. copy, rent, lease, distribute, or otherwise transfer any of the rights that users receive hereunder. Users shall abide by all applicable local, state, national and international laws and regulations.
Habyt also reserves the right to access, read, preserve, and disclose any personal information as we reasonably believe is necessary to:
1. satisfy any applicable law, regulation, legal process or governmental request,
2. enforce these Terms of Service, including investigation of potential violations hereof,
3. detect, prevent, or otherwise address fraud, security or technical issues,
4. respond to user support requests, or
5. protect the rights, property or safety of us, our users and the public.
6. claim outstanding or failed payments.
6. Payment terms
Membership in the "Habyt Community" is free of charge.
7. Start and end of membership
Membership in the "Habyt-Community" begins at the time of rental and ends automatically with the end of the rental period.
8. Extraordinary termination of membership
Habyt may terminate the membership unilaterally and extraordinarily independently of the existence of the lease if the user seriously violates these Terms of Service.
A serious violation is deemed to be committed, in particular, when the user violates the rules of conduct as defined in section 5 or creates multiple member accounts, uses the website in a manner violating applicable law, provides false, out-of-date or incomplete information during the registration process or fails to update same.
9. Liability limitations
Habyt accepts no liability for damages or loss arising from the direct or indirect use of the website; this does not apply to liability under mandatory law for damage or loss due to intentional acts, gross negligence, injury to life, limb or health, malicious concealment of a defect, or a breach of essential contractual obligations.
The liability for the breach of essential contractual obligations is limited to foreseeable damage or loss typical of the contract, unless the damage (loss) has been caused by an intentional act or gross negligence.
Users are solely responsible for their interactions and arrangements with other individuals, including users and members. We make no representations or warranties as to the conduct of users or members, users’ or members’ compatibility with current or future members, including fellow common community residents or neighbours, or any information concerning any activities or arrangements suggested by users or members.
Users agree to take reasonable precautions and exercise the utmost personal care in all interactions with other users or members or any other individual they come into contact with through the services, particularly if they decide to meet such users, members or individuals in person. Users understand and agree that Habyt make no guarantees, express or implied, regarding their compatibility with users, members or other individuals they meet through the services, including any fellow common community residents or neighbours. For example, users should not, under any circumstances, provide financial information (e.g., credit card or bank account numbers) to other individuals. Habyt strongly advise users to use the utmost caution before sharing any personally identifiable information with others, including users and members. Habyt do not and cannot assure that it is safe to have direct contact with any other individual that users come into contact with through the services. If users believe that any individual is harassing themselves or is otherwise using personal information for unlawful purposes, HABYT encourage users first to inform local law enforcement authorities, and contact Habyt.
10. Widerrufsrecht
If the user is a consumer within the meaning of §13 BGB [German Civil Code], he has the right of withdrawal as per § 355 BGB in respect of the membership agreement, provided that the agreement is a distance contract as per § 312 c BGB.
According to § 312 c BGB, distance contracts are contracts for which the trader, or a person acting in the trader’s name or on his behalf, and the consumer exclusively avail themselves of means of distance communication in negotiating and concluding the contract, this does not apply to cases where the contract is not concluded via a sales or a service system designated for distance sales.
Means of distance communication in this context are all means of communication which can be used to initiate or to conclude a contract, without requiring the simultaneous physical presence of the parties to the contract, such as letters, catalogues, telephone calls, faxes, emails, text messages sent via the mobile telephone service (SMS) as well as messages broadcast and sent via teleservices.
INFORMATION ON THE RIGHT OF WITHDRAWAL
Right of withdrawal
You are entitled to withdraw from the membership within 14 days without giving reasons.The time limit for the withdrawal is 14 days from the date of concluding the agreement.To exercise the right of withdrawal, please inform us (Habyt GmbH, Kronenstr 63, 10117, Berlin, email:hello@habyt.com) of your decision to withdraw from the Agreement as per item 10, by submitting a clearly worded declaration (e.g. by sending a letter by post, or sending a fax or email). Therefore you can use the attached withdrawal form template for this purpose, but the use of this form is not mandatory.
In order to meet the withdrawal deadline it is sufficient to send the information about the exercise of the right of withdrawal before the end of the withdrawal deadline.
Consequences of withdrawal
If you withdraw from this agreement, we will return to you all payments from you immediately no later than 14 days of the date on which we received the notice of your withdrawal from this agreement. We will refund the above expenses using the same means of payment as you used for the original transaction unless expressly agreed otherwise with you; in no case will we charge you a fee for this refund. If your requested period of service performance overlaps with the withdrawal period, you will have to pay us an appropriate fee equal to the portion payable for the services performed until the date on which you informed us that you withdraw from the Agreement in relation to the entire scope of services provided for in the agreement.
Withdrawal form template:
If you wish to withdraw from the agreement as per the paragraphs above, you can complete and submit this form. You are not required to use this form, though.
To
Email:
I/We (*) hereby withdraw from the agreement signed by me/us (*) on the provision of the following services (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Postal address of the consumer(s)
Signature of the consumer(s) (only if notification is in paper form)
Date
(*) delete as appropriate..
