Terms and Conditions
Last Modified: 14.07.2021
- Please read the Terms carefully before using the Website. We may change the Terms from time to time in our sole discretion by posting revised terms to the Website. Any change to the Terms will be effective immediately upon posting to the Website and will apply to all access to and use of the Website thereafter. Your use of the Website following the posting of revised Terms constitutes your acceptance of the revised Terms. You are expected to review the Terms from time to time to ensure that you are aware of any changes, as the Terms are binding on you whether or not you have read them.
About the Website and TenantPass' Role
The Website provides users with content, functionality, and services related to vacancy marketing, tenant rental applications, tenant risk screening, and payment processing. The Website may be used by tenants or prospective tenants (which are referred to herein as “tenants”) to, among other things, apply for a property, and make or receive payments, and by landlords, property managers, or their agents (which are referred to herein as “landlords”) to, among other things, market properties, receive applications, screen applicants, and make or receive payments. We are not a party to any transactions, contracts, or agreements between users or between any user and any third party. We are not a landlord or property manager, nor are we a broker or agent for any user. Further, while we may provide general information about the rights and obligations of landlords and tenants, and screening results, we are not lawyers and do not provide legal advice. Users should consult legal counsel before entering into any contracts.
3. Accessing the Website
- You must treat any username, password, or other credentials used to access the Website or any of its features or functionality as confidential, and you must not share such information with anyone else. Your account is personal to you and you will be responsible for any use of the Website by any person using your username, password, or credentials. You agree to notify us immediately of any unauthorized access to or use of your username, password, or credentials, or any other breach of security. You must ensure that you exit from your account at the end of each session and you should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
- We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of the Terms.
- We reserve the right to withdraw or amend the Website, and any functionality, service, or material provided through the Website, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to all or any portion of the Website in our sole discretion.
4. Use of the Website
- You may use the Website only for lawful purposes and in accordance with the Terms. You agree not to use the Website:
- In any way that violates any local or international applicable regulation.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material except as explicitly permitted, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate any person, including us or any of our employees, another user, or any other person (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or any users or expose them to liability.
- Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any users use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
5. User Content
- We may permit users to post, upload, transmit, or otherwise make available through the Website (collectively, “submit”) content, including messages, text, comments, images, graphics, photos, illustrations, files, and/or other materials (“User Content”).
- Subject to the rights and license you grant herein, you retain all right, title, and interest in and to your User Content. We do not guarantee the confidentiality or protection of any User Content submitted to the Website. It is your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
- We have the right, but not the obligation, to monitor User Content, and we may, in our sole discretion and for any reason whatsoever, edit, refuse to post, remove, or disable access to, any User Content.
- You are responsible for any User Content that you submit. You must ensure that such User Content is safe, complies with all applicable laws and the Terms, and does not violate the rights of any third party. You agree that you will not submit any User Content that:
- Violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity.
- Is threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable, or otherwise violates any applicable law.
- Encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
- Contains instructions or advice that could cause harm or injury.
- Is false or misleading or gives the impression that it emanates from or is endorsed by us or any other person if that is not the case.
- By submitting User Content, you:
- Represent and warrant that you own or have sufficient rights in such User Content to grant the rights and licenses granted by you in the Terms and that such User Content complies with the Terms.
- Grant to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, in connection with our business and in connection with the businesses of our affiliates, licensees, assignees, successors, parents, subsidiaries, and their related companies. Such right and license includes the right, but not the obligation, to use any and all names, identities, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the User Content, including, without limitation, your name and geographical location, for purposes of advertising and trade, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law.
- Grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of the Website and in compliance with the Terms.
- Waive any and all claims you may have in any jurisdiction to any “moral rights” or rights of “droit moral” with respect to the User Content.
6. Reliance on Information Posted
- The content and information presented on or through the Website is made available solely for general informational purposes and to facilitate the interactive services offered through the Website. While we may take efforts to provide reliable and up to date information through the Website, we do not warrant the accuracy, completeness, or usefulness of this information. We are not responsible for information presented on or through the Website by anyone other than us. Any reliance you place on such information is strictly at your own risk and we disclaim all liability and responsibility for any loss or damage resulting from such reliance.
- Furthermore, while we take certain measures intended to assist users in avoiding potentially fraudulent or other illegal activity, we cannot and do not guarantee the effectiveness of these measures or the accuracy of the identity of any user, even if we have indicated that such user’s identity has been verified. You assume the risk of transacting business with any other user or third-party through the Website and understand that an indication that a user’s identity has been verified means only that the user has provided sufficient information to satisfy the identity verification process of our third party identity verification vendors and that it is not a guaranty of the identity of such person.
- The Website may include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content clearly provided by us, are solely the opinions and the responsibility of the person or entity providing those materials and do not necessarily reflect our opinion. We are not responsible, or liable to you, for the content or accuracy of any materials provided by any third party.
7. Interactive Services
8. Financial Data
9. Credit Reporting and Background Checks
- We allow landlords to request a credit report and/or a background check report from prospective tenants through the Website. To provide this service, we may ask for your personally identifying information on a need to know basis and form (such as name, any available national ID, information about other creditors you have had etc.), which we will share with our third-party credit reporting agency and other contractual partners for the purposes of preparing and sharing reports and verifying your identity, and which we will not store (except on a temporary basis) or use for any other purpose.
- If you are a landlord requesting a credit report or a background check report from a prospective tenant:
- You represent that you are making such request, and will use such report, in compliance with applicable law and solely for the purpose of your own evaluation of the prospective tenant in connection with that tenant’s rental application and for no other purpose, and that that you have never been involved in, and promise that you will not become involved in, any credit fraud or other unethical business practice, and that you will immediately notify us and discontinue all use of the Website and any reports and other information obtained via the Website if you are ever involved in any such fraud or practice.
- If you are a tenant ordering a credit report or background check report, you certify that you are ordering such a report, and will use such report, for the purpose of furnishing the report to a prospective landlord in connection with your rental application and for no other purpose. You agree not to share any credit report or background check report obtained through the Website with anyone other than as allowed using the sharing mechanism on the Website.
- Credit-report and background check-report functionality is provided by our third-party credit reporting agencies and other contractual partners and may not be available for all users or at all times for various reasons, including reasons beyond our control or about which we may not have specific information. If you are unable to order, share, request, or view a credit report or background check report using the Website, you should contact the person requesting or being asked to provide the report via the contact information provided through the Website to discuss the matter directly. You may also contact us at firstname.lastname@example.org for assistance.
- We are not a credit bureau and do not control the content of credit reports, including reports obtained through the Website. We are NOT responsible for the content of any credit report or background check report or any credit score, whether correct or incorrect. Credit reports and background check reports can contain information that is incorrect, incomplete, or not up to date, and reports are not a substitute for carefully reviewing and independently verifying all information contained in a rental application and interviewing a prospective tenant. If you believe that any information contained in your credit report or background check report is inaccurate or incomplete, you have the right to dispute it. To dispute the content of your credit report, please contact us via email at email@example.com or the telephone number displayed when your report is made available for viewing on the Website. To dispute the content of your background check report, please contact the company providing the background check via email or telephone as described on your background check report.
Certain features and functionality of the Website are made available to you at no charge and others are made available for a one-time fee, on a subscription basis, or under any other lawful pricing structure. In all instances, you are purchasing a license to access and use such features and functionality, and nothing is being sold to you. In addition, the license to use such features and functionality may not transfer across operating systems and/or different equipment (e.g., mobile devices, computers, etc.). We reserve the right at any time to change and/or increase the fees for access to portions of the Website, its features or functionality. All fees are earned by us as consideration for services performed when charged and are non-refundable.
11. Intellectual Property Rights
- The Website and all of its content, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors, or other providers of such material, and are protected by Estonian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- Except as expressly authorized in the Terms, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own record keeping and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
- Copy any substantial portions of information or materials from the Website.
- Distribute, resell, or publish any information or materials from the Website.
- If you wish to make any use of material on the Website other than that set out in this section, please address your request to: firstname.lastname@example.org
- No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by the Terms is a breach of the Terms and may violate copyright, trademark, and other laws.
The TenantPass name, the term “TenantPass”, the TenantPass logo, and all related names, logos, product and service names, designs and slogans are trademarks of TenantPass or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
13. Copyright Infringement
We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from the Website by submitting written notification to email@example.com. We will investigate notices of copyright infringement and take appropriate actions.
14. Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the content of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party website linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites, including the privacy policies of such websites.
15. Monitoring and Enforcement
- We may monitor and enforce users’ compliance with the Terms, and in connection therewith we have the right to:
- Validate your identity, directly or through third parties. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying your information against third party databases or through other sources.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Remove or refuse to post any User Content for any or no reason at our sole discretion.
- Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users or the public, or could create liability for us.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
- YOU WAIVE ANY CLAIMS AGAINST THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS, LOSSES OR LIABILITIES RESULTING FROM ANY ACTION TAKEN IN CONNECTION WITH ANY SUCH INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR ANY OTHER PARTIES, INCLUDING BUT NOT LIMITED TO LAW ENFORCEMENT AUTHORITIES.
- We may, but we are not required to, review material before it is posted on or submitted to the Website. However, we cannot ensure prompt removal of objectionable material after it has been posted or submitted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no duty or responsibility to monitor any User Content and shall have no liability for failure to monitor User Content.
16. Disclaimer of Warranties
YOUR USE OF THE WEBSITE, INCLUDING ANY FEATURES, FUNCTIONALITY, SERVICES AND/OR CONTENT MADE AVAILABLE BY OR THROUGH THE WEBSITE, IS AT YOUR SOLE RISK AND THAT WE PROVIDE THE SAME (INCLUDING ANY SOFTWARE) ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE OR ANY FEATURES, FUNCTIONALITY, SERVICES AND/OR CONTENT MADE AVAILABLE BY OR THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF OUR WEBSITE, INCLUDING ANY FEATURES, FUNCTIONALITY, SERVICES AND/OR CONTENT MADE AVAILABLE BY OR THROUGH THE WEBSITE; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED OR ACCESSED THROUGH OUR WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE, INCLUDING ANY FEATURES, FUNCTIONALITY, SERVICES AND/OR CONTENT MADE AVAILABLE BY OR THROUGH THE WEBSITE, WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE WEBSITE, INCLUDING ANY FEATURES, FUNCTIONALITY, SERVICES AND/OR CONTENT MADE AVAILABLE BY OR THROUGH THE WEBSITE (INCLUDING SOFTWARE) WILL BE CORRECTED.
17. Limitation of Liability
- IN NO EVENT WILL WE OR ANY OF OUR affiliates, licensors, VENDORS, OR service providers, OR ANY OF OURS OR their respective officers, directors, employees, contractors, agents, licensors, suppliers, OR successors and assigns (collectively, the “INDEMNIFIED Parties”) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
- NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF ALL INDEMNIFIED PARTIES EXCEED THE LESSER OF THE TOTAL PAYMENTS RECEIVED BY US FROM YOU DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR €100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITE OR THE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
- THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless the Indemnified Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) brought by, made against, or suffered or incurred by any Indemnified Party and arising out of or relating to your violation of the Terms or your use of the Website, including, but not limited to, any User Content you provide, your use of or reliance on the Website or any features, functionality or content thereof.
19. Governing Law and Jurisdiction.
The Terms are governed by and shall be construed in accordance with the laws of The Republic of Estonia without regard to its conflict of laws rules. Any legal proceedings against us that may arise out of, relate to, or be in any way connected with the Website or the Terms shall be brought exclusively in The Republic of Estonia, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
20. Dispute Resolution
We and you each agree to first attempt to contact each other with respect to any disputes and provide a written description of the problem, all relevant documents/information. and the proposed resolution. You agree to contact us with disputes by contacting us at support@TenantPass.eu and we will attempt to contact you based on the contact information you have provided us.
If after 30 days you and we are unable to resolve any such dispute, then the dispute may only be submitted to an appropriate court in The Republic of Estonia in lieu with Chapter 19 of these Terms.
- No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
- Except where specifically stated otherwise, if any part of the Terms is unlawful or unenforceable for any reason, you and we both agree that only that part of the Terms shall be stricken and that the remaining provisions in the Terms shall not be affected. So, for example, if a provision in these terms is found to be unenforceable, we agree an arbitrator (or, if permitted, a court) shall only strike that provision and that the remaining provisions of the Terms shall remain in force.
- The Terms constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between us with respect to such subject matter.
- You may not assign the Terms or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign the Terms and any rights or delegate any obligations hereunder without your consent and without notice.