Last Updated: 5 October 2024
These Terms of Service ("Terms") are a binding legal agreement between you and Flatshare that governs your right to use the websites, applications, and other offerings from Flatshare (collectively, the "Flatshare Platform").
When used in these Terms, "Flatshare," "we," "us," or "our" refers to the Flatshare entity with whom you are contracting. The Flatshare Platform offers an online venue that enables users ("Members") to publish, offer, search for, and book medium to long-term rental housing services. Members who publish and offer services are "flatowners" and Members who search for, book, or use services are "residents". flatowners offer accommodations ("flats") and a variety of rental-related services (collectively, "flatowner Services," and each flat offering, a "Listing"). As the provider of the Flatshare Platform, Flatshare does not own, control, offer or manage any Listings or flatowner Services. Flatshare is not a party to the contracts entered into directly between flatowners and residents, nor is Flatshare a real estate broker or insurer. Flatshare is not acting as an agent in any capacity for any Member, except as specified in the Payments.
The Flatshare Platform offers an online venue that enables users ("Members") to publish, offer, search for, and book medium to long-term rental housing services. Members who publish and offer services are "flatowners" and Members who search for, book, or use services are "residents". flatowners offer accommodations ("flats") and a variety of rental-related services (collectively, "flatowner Services," and each flat offering, a "Listing"). As the provider of the Flatshare Platform, Flatshare does not own, control, offer or manage any Listings or flatowner Services. Flatshare is not a party to the contracts entered into directly between flatowners and residents, nor is Flatshare a real estate broker or insurer. Flatshare is not acting as an agent in any capacity for any Member, except as specified in the Payments.
We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data, and our Payments Terms.
The Flatshare Platform allows residents to schedule visits to flats listed on the platform before making a booking decision. By using the visit scheduling feature, residents agree to a) Arrive at the scheduled time or provide reasonable notice of cancellation or delay. b) Respect the flat and the flatowner's time during the visit. c) Comply with any specific instructions or rules set by the flatowner for the visit. Flatowners agree to: a) Provide accurate availability for visits on their calendar. b) Honor scheduled visits or provide reasonable notice of cancellation or rescheduling. c) Ensure the flat is in a condition suitable for viewing during the scheduled visit. Flatshare reserves the right to limit or suspend a user's ability to schedule visits if they repeatedly cancel or fail to show up for scheduled visits without reasonable notice.
After a scheduled visit, both residents and flatowners will have the opportunity to rate and review their experience of the visit. Visit reviews must comply with our Content Policy and Review Policy, including but not limited to: a) Being based on personal experience from the actual visit. b) Being honest, accurate, and factual. c) Not containing discriminatory, offensive, or defamatory language. d) Not including personal information about the other party. Visit reviews should focus on aspects relevant to the flat viewing experience, such as: a) Accuracy of the listing compared to the actual flat. b) Punctuality and conduct of the resident or flatowner during the visit. c) Condition and presentation of the flat during the visit. d) Communication and responsiveness in relation to the visit. Ratings and reviews for visits are separate from ratings and reviews for actual stays. They are intended to help other users make informed decisions about scheduling visits or accepting visit requests. Flatshare reserves the right to remove or exclude from a Listing's overall rating any visit review that we determine, in our sole discretion, to violate our Content Policy, Review Policy, or these Terms.
Users are prohibited from: a) Providing false or misleading information in visit reviews. b) Manipulating the visit review system by any means, including offering incentives for positive reviews or threatening negative consequences for critical reviews. c) Using the visit scheduling system for any purpose other than genuinely considering the flat for potential rental. Violation of these prohibitions may result in the removal of reviews, suspension of account privileges, or termination of the user's Flatshare account.
If a user believes a visit review violates these Terms or our policies, they may report it to Flatshare for review. Flatshare will review reported visit reviews and may, in its sole discretion, remove or alter reviews that are found to violate our policies. Flatshare's decisions regarding visit reviews are final and binding.
Flatshare does not verify the accuracy of visit reviews and is not responsible for any decisions made based on these reviews. Users agree that Flatshare shall not be liable for any loss or damage arising from the scheduling, conduct, or reviewing of flat visits.
Flatshare reserves the right to modify, suspend, or discontinue the visit scheduling and review system at any time, with or without notice. Users will be notified of any material changes to this system, and continued use of the feature after such changes constitutes acceptance of the modified terms.
You can search for Flatowner Services by using criteria like the type of flat, location, move-in date, price range, and amenities. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria.
When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like Flatshare's service fee, security deposits, utilities, and any other items identified during checkout (collectively, "Total Price"). When you receive the booking confirmation, a contract for Flatowner Services (a "Reservation") is formed directly between you and the flatowner. The cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Reservation are part of your agreement with the flatowner.
An Accommodation Reservation is a limited license to occupy and use the flat. The flatowner retains the right to re-enter the flat during your stay, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the flatowner, and (iii) consistent with applicable tenancy laws. You may not exceed the maximum number of allowed residents.
For purchases like premium membership & cancellation of booking, we don’t offer any refunds as of now.
Residents and Flatowners are responsible for any booking modifications they agree to make via the Flatshare Platform or direct Flatshare customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with any Booking Modification.
You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any flat. For example, this means: (i) you are responsible for leaving the flat (and related personal flat) in the condition it was in when you arrived, and (ii) you must act with integrity, treat others with respect, and comply with applicable laws at all times.
You acknowledge that staying in a flat carries inherent risks and agree that you assume the risk arising out of your access to and use of the Flatshare Platform and any Content, including your stay at any flat, or any other interaction you have with other Members whether in person or online.
As a flatowner, Flatshare offers you the right to use the Flatshare Platform to share your flat with our community of residents - and earn money doing it. It's easy to create a Listing and you are in control of how you offer your flat - set your price and rules for each Listing.
When you accept a booking request, or receive a booking confirmation through the Flatshare Platform, you are entering into a contract directly with the resident, and are responsible for delivering your flat under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like Flatshare's service fee for each booking. Flatshare Payments will deduct amounts you owe from your payout unless we and you agree to a different method.
To help Flatshare run smoothly and cover the cost of services like flat & resident verification, we charge a small service fee when a booking is confirmed.
Flatshare charges a flat service fee of Rs 2999 for flats with a monthly rent of less than Rs 25000 and 1% of the annual rent for monthly rent of more than Rs 25000 at the time of booking.
Service fees help cover the costs of products and services that support flatowners, including: Flat & resident verification Processing rent & deposit payments Marketing listings to residents Free replacement in case of a non-payment
Your relationship with Flatshare is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Flatshare, except that Flatshare Payments acts as a payment collection agent as described in the Payments Terms.
The Flatshare Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your flat, your price, other charges like utilities and security deposits, and any rules or requirements that apply to your residents or Listing.
You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or flatowner Services. For example: Some flatowners and leases, or homeowner and condominium association rules, restrict or prohibit subletting or rentals. Some jurisdictions require flatowners to register, get a permit, or obtain a license before providing certain flatowner Services. Some jurisdictions have laws that create tenancy rights for residents and additional obligations for flatowners. Check your local rules to learn what rules apply to the flatowner Services you plan to offer.
The ranking of Listings in search results on the Flatshare Platform depends on a variety of factors, including these main parameters:
You are responsible for your acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your flatowner Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any fees in your Listing description and may not collect any additional fees or charges outside the Flatshare Platform.
The Flatshare Platform allows both residents and flatowners to submit tenancy-related notices through the system, including move-out notices (for residents) and termination notices (for flatowners).
Residents agree to a) Provide at least 30 days' notice before their intended move-out date, unless a longer period is required by local laws or the specific rental agreement. b) Submit the move-out notice through the Flatshare Platform to ensure proper documentation and timestamping. c) Comply with all move-out procedures specified in their rental agreement and local laws.
Flatowners agree to a) Provide notice of termination or non-renewal of tenancy following the rental agreement and local laws, which may require more than 30 days notice depending on the jurisdiction and length of tenancy. b) Submit any termination or non-renewal notices through the Flatshare Platform to ensure proper documentation and timestamping. c) Comply with all legal requirements for terminating a tenancy, including providing valid reasons for termination where required by law.
Both parties agree to: a) Acknowledge receipt of notices through the Flatshare Platform within a reasonable timeframe. b) Use the notice feature only for its intended purpose and not for general communications or disputes. c) Comply with all applicable laws and the rental agreement regarding the notice process and any subsequent actions.
The submission of a notice through the Flatshare Platform does not supersede or replace any notice requirements specified in the rental agreement or local laws. Users are responsible for ensuring they comply with all legal and contractual obligations.
Flatshare will maintain records of notices sent through the Platform, which may be used as evidence of compliance with notice requirements in case of disputes.
Flatshare provides the notice system as a convenience to users but is not responsible for ensuring the legal validity or effectiveness of any notice sent through the Platform. Users agree that Flatshare shall not be liable for any loss or damage arising from the sending, receipt, or content of notices through the Platform.
Flatshare reserves the right to modify, suspend, or discontinue the notice system at any time, with or without notice.
Users will be notified of any material changes to this system, and continued use of the feature after such changes constitutes acceptance of the modified terms. Flatshare provides the notice system as a convenience to users but is not responsible for ensuring the legal validity or effectiveness of any notice sent through the Platform.
As a flatowner, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit or include in your price any applicable VAT or other indirect taxes, occupancy taxes, income or other taxes ("Taxes").
In jurisdictions where Flatshare facilitates the collection and/or remittance of Taxes on behalf of flatowners, you instruct and authorize Flatshare to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by Flatshare are identified to Members on their transaction records, as applicable.
After each stay, residents and flatowners will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our Content Policy or Review Policy. Reviews are not verified by Flatshare for accuracy and may be incorrect or misleading.
Parts of the Flatshare Platform enable you to provide feedback, text, photos, audio, video, information, and other content ("Content"). By providing Content, in whatever form and through whatever means, you grant Flatshare a non-exclusive, worldwide, royalty-free, sublicensable and transferable license, for the term of the protection of the rights so licensed, to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Content to provide and/or promote the Flatshare Platform, in any media or platform. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Flatshare the rights described in these Terms.
Flatshare may charge fees (and applicable Taxes) to flatowners and residents for use of the Flatshare Platform. Any applicable fees are disclosed to flatowners before publishing a listing and to residents before making a booking. Flatshare reserves the right to change the service fees at any time.
You must follow these rules and must not help or induce others to break or circumvent these rules.
By using the Payments Services, you agree to comply with these Payment Terms. Flatshare Payments may temporarily limit or suspend your access to or use of the Payment Services to carry out maintenance measures that ensure the proper functioning of the Payment Services.
The Payment Services may contain links to third-party websites or resources ("Third-Party Services"). Such Third-Party Services are subject to different terms of service and privacy policies, and Members should review them. Flatshare Payments is not responsible or liable for the use of such Third-Party Services.
Flatshare Payments may enable features that allow you to authorize other Members or third parties to take certain actions that affect your Flatshare account. You acknowledge and agree that anyone you authorize to use your Flatshare account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.
You authorize Flatshare Payments, directly or through third parties, to make any inquiries we consider necessary to verify your identity and information you provide. Flatshare Payments reserves the right to terminate, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
When you add a Payment Method to your Flatshare account, you will be asked to provide billing information. You authorize Flatshare Payments to collect and store your Payment Method information.
Flatshare Payments may verify the Payment Method by authorizing a nominal amount or requiring you to upload a billing statement.
You allow Flatshare Payments to charge your Payment Method for all fees due in connection with your Flatshare account, including rent payments, security deposits, and any applicable taxes.
Flatshare Payments will charge the first month's rent and security deposit when your rental application is approved and you accept the lease terms & move-in. Subsequent monthly rent payments will be charged on the 1st of each month, or as specified in your lease agreement.
For rentals, Flatshare Payments will set up recurring monthly payments for the duration of your lease. You authorize Flatshare Payments to charge your Payment Method each month for the agreed-upon rent amount.
To receive payouts, you must have a valid Payout Method linked to your Flatshare account. You will be asked to provide the necessary information to set up your Payout Method.
Flatshare Payments will generally initiate Payouts to your selected Payout Method within 3 business days after the resident's rent payment is successfully processed unless otherwise specified.
Your Payout for a rental period will be the total rent less applicable fees like Flatshare service fees and any applicable taxes.
Flatshare Payments may temporarily place a hold, suspend, or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or completing an investigation.
Each Flatowner hereby appoints Flatshare Payments as the Flatonwer’s payment collection agent solely for the limited purpose of accepting and processing funds from residents renting Properties on the flatowner's behalf.
Each Flatowner agrees that payment made by a resident through Flatshare Payments shall be considered the same as a payment made directly to the flatowner. The flatowner will provide the flat as agreed in the lease as if the flatowner has received the payment directly from the resident.
Each resident acknowledges and agrees that Flatshare Payments acts as each flat owner's payment collection agent for the limited purpose of accepting payments from residents on behalf of the flatowner.
Flatshare Payments may charge fees for use of certain Payment Services. Any applicable fees will be disclosed to you in the Terms or via the Flatshare Platform.
Flatshare Payments will take steps to rectify any payment processing errors that we become aware of. This may include crediting or debiting your Payment Method or Payout Method as appropriate.
Any refunds due to a resident under the Terms or applicable laws will be initiated and remitted by Flatshare Payments in accordance with these Payment Terms.
You agree not to:
To the maximum extent permitted by law, Flatshare Payments provides the Payment Services "as is" without warranty of any kind. We do not guarantee the accuracy or reliability of any Flatowner or Flat information.
To the maximum extent permitted by law, Flatshare Payments shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues.
Flatshare Payments may modify these Payment Terms at any time.
This agreement is effective until terminated by you or Flatshare Payments. You may terminate by closing your Flatshare account. We may terminate if you materially breach these Terms or for any other reason with notice.
These Payment Terms will be interpreted in accordance with the laws of indian jurisdiction. Any disputes will be resolved through binding arbitration, except where prohibited by law.
These Payment Terms will be interpreted in accordance with the laws of Indian jurisdiction. Any disputes will be resolved through binding arbitration, except where prohibited by law.
These Payment Terms constitute the entire agreement between you and Flatshare Payments regarding the Payment Services.
If any provision of these Payment Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Rent is due on the date specified in the lease agreement, typically the 1st of each month. Payments are considered received when they are successfully processed by Flatshare, not when they are initiated by the resident.
A grace period of 2 days is provided after the due date. During this grace period, no late fees will be assessed. Late Fees
While specific legal grounds for eviction vary by jurisdiction, common reasons include:
If the resident fails to pay the amount due or vacate the flat within the specified period, the flatowner may proceed with legal eviction proceedings. Flatshare will provide the flatowner with documentation of payment history and communications to support the legal process.
Flatshare acts as a facilitator in the rent collection and eviction notification process. Flatshare does not make decisions regarding evictions and is not a party to any eviction proceedings.
Flatshare maintains records of all payments, late fees, and eviction notices. These records are available to both residents and flatowners through their Flatshare accounts.
Any legal proceedings must be brought in the jurisdiction where the flat is located.
Flatshare reserves the right to modify these terms at any time. By using the Flatshare platform, you acknowledge that you have read, understood, and agree to these terms regarding late payments and eviction.
The agreement between you and Flatshare reflected by these Terms is effective when you access the Flatshare Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.
You may terminate this agreement at any time by deleting your account. Flatshare may terminate this agreement for any reason by providing you 30 days' notice via email or using any other contact information you have provided for your account. Flatshare may also terminate this agreement immediately and without prior notice and stop providing access to the Flatshare Platform if you materially breach these Terms, you violate our Policies, or we believe termination is necessary to protect Flatshare, its Members, or third parties.
If (i) you breach these Terms, our Policies, or our Standards, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) Flatshare believes it is reasonably necessary to protect Flatshare, its Members, or third parties; Flatshare may: suspend or limit your access to or use of the Flatshare Platform and/or your account; suspend or remove Listings, Reviews, or other Content; cancel pending or confirmed bookings; or suspend or revoke any special status associated with your account.
Flatshare may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body. Modification of these Terms Flatshare may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Flatshare Platform and update the "Last Updated" date at the top of these Terms.
We offer a platform that enables Members to publish, offer, search for, and book flats. While we work hard to ensure our Members have great experiences using Flatshare, we do not and cannot control the conduct of residents and flatowners. You acknowledge that Flatshare has the right, but does not have any obligation, to monitor the use of the Flatshare Platform and verify information provided by our Members.
You must register an account to access and use many features of the Flatshare Platform. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your Flatshare Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
To the maximum extent permitted by law, Flatshare offers its services and platform "as is" and "as available" and makes no other warranties, express or implied.
Neither Flatshare nor any other party involved in creating, producing, or delivering the Flatshare Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products.
This service is designed to help users find compatible flatmates for shared living arrangements. By using this service, you agree to comply with and be bound by the following terms and conditions.
Age Requirement: Users must be at least 15 years old to use the Flatmate Matching Service.
Account in Good Standing: Users must have a Flatshare account in good standing to access this service.
Verification: Users may be required to complete additional verification steps to use the Flatmate Matching Service.
Users must provide accurate, current, and complete information in their flatmate matching profiles. Prohibited Content: Profiles must not contain: a) Discriminatory preferences or statements b) Offensive, harmful, or explicit content c) False or misleading information d) Contact information or links to external sites.
Users are responsible for keeping their profiles up to date. Right to Remove: Flatshare reserves the right to remove or edit any profile that violates these terms or our general Content Policy.
Algorithm: Matches are suggested based on preferences, compatibility factors, and available listings but are not guaranteed to be perfect fits. No Guarantee: Flatshare does not guarantee that users will find a suitable flatmate through this service. User Discretion: Users are solely responsible for evaluating potential matches and making decisions about shared living arrangements.
In-Platform Messaging: All initial communication between potential flatmates must occur through Flatshare's messaging system.
Prohibited Activities:Users must not use the messaging system to: a) Harass or intimidate others b) Send spam or solicitations c) Share personal contact information before both parties agree.
Reporting: Users should report any concerning or inappropriate messages to Flatshare immediately.
Data Collection: By using this service, you consent to the collection and use of your data as outlined in our Privacy Policy. Sharing: Your flatmate matching profile and preferences may be shared with potential matches on the platform. Control: Users can control the visibility of their profile and can deactivate it at any time.
Safety First: Users are encouraged to prioritize safety when meeting potential flatmates in person. Public Meetings: Initial meetings should occur in public places. Sharing Plans: Users should inform a friend or family member about their meeting plans. Trust Instincts: Users should trust their instincts and end any interaction that feels unsafe or uncomfortable. No Liability: Flatshare is not responsible for any incidents that occur during or as a result of in-person meetings.
Users must not: Misrepresent themselves or their intentions Use the service for any purpose other than finding a flatmate Attempt to circumvent Flatshare's systems or fees Engage in any illegal activities through the service Harass, discriminate against, or harm other users.
User Termination: Users may stop using the Flatmate Matching Service at any time by deleting their account.
Flatshare Termination: Flatshare reserves the right to suspend or terminate a user's access to this service for violations of these terms or for any other reason at our discretion.
No Verification: While we strive to maintain a safe platform, Flatshare does not verify the accuracy of user-provided information.
No Endorsement: Flatshare does not endorse any particular user or living arrangement.
Limited Liability: Flatshare is not liable for any disputes, damages, or issues arising from the use of this service or subsequent living arrangements.
Flatshare may modify these terms at any time. Continued use of the service after changes constitute acceptance of the new terms.
By using the Flatshare you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.
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