Oiko Website Terms and Conditions
1 About our terms
1.1 These terms and conditions of use (“Terms”, or this “Agreement”) explain how you may use this Site. These Terms apply between OIKO LIVING LIMITED(“we”, “us” or “our”); and you, it being understood that: “You”, “you”, or “your” (as applicable), means the person that is using or accessing the Site, or the person on whose behalf you are using or accessing or will use or access the Site if you are acting on behalf of a Company.
1.2 You should read these Terms carefully before using the Site. By using the Site or otherwise indicating your consent, you agree to be bound by these Terms. If you do not agree with any of these Terms, you should stop using the Site immediately.
1.3 If you represent a Company, then you represent that you are authorized to enter into this Agreement as an authorized representative of the Company.
1.4 These Terms apply to every part of the Site, and its functionality and content is provided to you for your information purposes only.
1.5 These Terms are part of the Contract, as defined below.
2 Defintions
“Account”
means your login and all associated personal data within our Platform, including information that is required to be stored by us for you to use the Services;
“Affiliate”
means any entity that directly or indirectly Controls, is Controlled by or is under common Control with, another entity;
“Applicable Law”
means all applicable laws, legislation, statutory instruments, regulations and governmental guidance having binding force whether local or national or international in any relevant jurisdiction;
“Balance”
means the aggregate value of the funds associated with your Account;
“Booking”
means when a Guest makes a booking to Rent a Property on the Site by clicking on ‘Book now’;
“Booking Fee”
means the amounts paid to us by every Guest as detailed in the Guest Terms, equal to a percentage of each Fees payment each Guest makes to Rent any Property hereunder, as further detailed in the Guest Terms;
“Company”
means any company, limited partnership, limited liability partnership, limited liability company, or similar, or any other legal structure that can enter into contracts in its own name, even if the legal structure does not have a separate legal personality;
“Conditions”
means the terms and conditions of the Agreement set out in this document;
“Confirmed Booking”
means when a Host confirms a Booking on the Platform, confirming the Content on the Property Page, and:
(a) which shall be part any the Rental Agreement;
(b) it being understood that in the event of a conflict between a Confirmed Booking and the rest of a Rental Agreement the terms of the Confirmed Booking shall prevail; and
(c) which shall include implied terms that the Host and Guest shall not agree any provisions in the Rental Agreement that would or may result in a breach by the Guest or the Host of this Agreement;
“Fees”
means each and collectively, as applicable the rent due for a Propertyin accordance with the Booking details;
“Guest”
means the person that Registers to be a renter of one or more Properties on the Platform and enters into a Rental Agreement with a Host to Rent a Property for their use, it being understood that a Guest can Register on one of the following Plans (each a “Plan”, and collectively the “Plans”):
(a) the “Minimum Plan”, which means that [insert]; and the Guest pays for Rent directly to the Host by using the Hosts bank account details they provide on the Platform;
(b) the “Basic Plan”, which meansthat [insert]; and the Guest pays any Rent directly to the Host using the bank account details they provide on the Platform, it being understood that the Guest will need to provide a confirmation of the Transaction;
(c) the “Standard Plan”, which means that [insert]; and the Guest pays any Rent directly to the Host using the bank account details they provide on the Platform, it being understood that the Guest will need to provide a confirmation of the Transaction;
(d) “Premium Plan”, the Rent payment is processed by a Payment Provider.
“Guest Terms”
means the terms and conditions of this Agreement that apply to you if you are a Guest, and which are accessible here: https://oikoliving.com/guestterms;
“Host”
means the person that Registers to be a supplier of Properties on the Platform and is landlord or otherwise has the legal right to do so, and that enters into the Rental Agreement with a Guest to Rent out the Property to the Guest;
“Host Terms”
means the terms and conditions of this Agreement that apply to you if you are a Host, which are accessible here: https://oikoliving.com/landlordterms;
“Intellectual Property Rights”
means copyright, patents, know-how, trade
secrets, trade marks, trade names, design rights, rights in get-up, rights in goodwill, rights in software, rights in Confidential Information, rights to invention, rights to sue for passing off, domain names and all other intellectual property rights and similar rights and, in each case:
(a) whether registered or not;
(b) including any applications to protect or register such rights;
(c) including all renewals and extensions of such rights or applications;
(d) whether vested, contingent or future;
(e) to which the relevant party is or may be entitled, and
(f) in whichever part of the world existing;
“Invitation”, or “Invite”, as applicable
means where you invite another person to become a User of the Platform in accordance with the following steps:
(a) Share your Promo Code the Invitee;
(b) The Invitee inserts the Promo Code on when making a Booking;
(c) The Invitee receives the Invitation Reward to the Invitee’s Balance;
(d) You receive the Invitation Reward to your Balance;
“Invitation Reward”means a reward we provide you and
any
Invitee you Invite to use the Platform, it being understood that:
(a) we shall determine its value in our absolute discretion, it being understoodthat the value of the Invitation Reward will be a percentage of the Booking Fee;
(b) the Invitation Reward can only be used on the Platform;
(c) your Invitation Reward and that of the Invitee will be of the same value; and
(d) any Invitation Reward you obtain will not be of a higher value than the Fees of the Transaction you apply the Reward to;
(e) your Invitation Reward will be sent to your Account, and the Invitee’s Invitation Reward will be sent to the Invitee’s Account;
“Invitee”
means any person you Invite to the Platform;
“Key”
means any key, code or other system, device or unit that you must use to enter the Property, as detailed in your Booking details;
“Listed”, or “Listing” (as applicable)
means the listing of a Property on the Site for Renting by Guests;
“Partner”
means any person that enters into a partnership with Oiko, as evidenced by a signed Work Order;
“Partner Terms”
means the terms and conditions of this Agreement that apply to you if you are a Host, which are accessible here: https://oikoliving.com/landlordterms;
“Payment Provider”
means Stripe Inc., a company organised under the rules of California, with the following address: 354 Oyster Point Blvd South San Francisco, CA 94080 United States, who is our third party payment services provider and will process all Fees and other charges related to the Platform;
“Promo Code”
means any promotional code we provide you with that you can use to make one or more Invitations, it being understood that the rules associated with any Promo Code shall always be communicated to you in advance, on the Platform or another method we deem reasonable;
“Property”
means any real property that is Listed on the Site;
“Property Features”
means any details and characteristics of a Property that are displayed on the Property Page;
“Property Page”
means the page on the Site that displays a Property including the Property Features;
“Registration”, “Register” or “Registers”, as applicable
means the process to start using the Services:
(a) as a Host at the following location: https://host.oikoliving.com;
(b) as a Guest at the following location: https://app.oikoliving.com; and
(c) as a Partner at the following location: https://host.oikoliving.com;
“Rent”, or “Renting” (as applicable)
means that a Guest leases or licenses (as applicable) a Property;
“Rental Agreement”
means any enforceable agreement that a Host and Guest enter into in support of the Renting out of a Property, it being understood that a Confirmed Booking associated with a Property shall always be deemed to be part of the Rental Agreement or the only Rental Agreement if no additional document is executed by the Guestand the Host;
“Services”
means the services available on the Site;
“Site”, or “Platform” (as applicable)
means www.oikoliving.com and any of its content and subdomains accessible on the same, including without limitation www.app.oikoliving.com if are using the Platform as Guest and www.host.oikoliving.com if you are using the Platform as a Host;
“User”
means each a user of the Services and any Partner, and collectively the “Users”; and
“Work Order”
mean an agreement in a form approved by Oiko in support of a collaboration with a Partner.
3 About us
3.1 We are OIKO LIVING LIMITED (trading as Oiko), a company registered in England and Wales under company registration number 13981414. Our registered office is at 6 St David's Square, Westferry Road, London, E14 3WA.
3.2 If you have any questions about the Site, please contact us by:
3.2.1 sending an email to www.hello@oikoliving.com;
3.2.2 filling out and submitting the online form available here https://oikoliving.com/; or
3.2.3 calling us on +447742785653.
4 Using the site
4.1 The Site is for your use only.
4.2 You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.
4.3 We make no promise that the Site is appropriate or available for use in locations outside of the UK. If you choose to access the Site from locations outside the UK, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply.
4.4 We try to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us using the contact details at the top of this.
4.5 As a condition of your use of the Site, you agree to comply with, as applicable, (collectively the “Contract”)
4.5.1 our “Acceptable Use Policy” available at www.oikoliving.com/acceptableusepolicy;
4.5.2 if you are a Host our Host Terms;
4.5.3 if you are a Guest our Guest Terms; and
4.5.4 if you are a Partner, our Partner Terms and any Work Order,
all of which are part of this Contract, for the avoidance of doubt.
4.6 We may prevent or suspend your access to the Site if you do not comply with these Terms or any applicable law.
5 Registration and password security
5.1 Use of the Site may require registration, particularly in order to access restricted areas of the Site.
5.2 We are not obliged to permit anyone to register with the Site and we may refuse, terminate or suspend registration to anyone at any time.
5.3 You are responsible for making sure that your password and any other account details are kept secure and confidential.
5.4 If we have reason to believe there is likely to be a breach of security or misuse of the Site through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account.
5.5 Any personal information you provide to us as part of the registration process will be processed in accordance with our “Privacy Policy” available at https://oikoliving.com/PrivacyPolicy.
6 Infringing content
6.1 We will use reasonable efforts to:
6.1.1 delete accounts which are being used in an inappropriate manner or in breach of these Terms; and
6.1.2 identify and remove any content that is inappropriate, defamatory, infringes intellectual property rights or is otherwise in breach of our Acceptable Use Policy
when we are notified, but we cannot be responsible if you have failed to provide us with the relevant information.
6.2 If you believe that any content which is distributed or published by the Site is inappropriate, defamatory or infringing on intellectual property rights, you should contact us immediately using the contact details at the top of this page.
7 Your privacy and personal information
Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy available at www.oikoliving.com/PrivacyPolicy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.
8 Ownership, use and intellectual property rights
8.1 The Intellectual Property Rights in the Site and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Site (“Content”) are owned by us and our licensors.
8.2 We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other Intellectual Property Rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.
8.3 Nothing in these Terms grants you any legal rights in the Site or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Site or the Content (including any Intellectual Property Rights notices) and in particular, in any digital rights or other security technology embedded or contained within the Site or the Content.
8.4 Trade marks: Any and all trade marks on the Site are our trademarks. Other trade marks and trade names of third parties may also be used on the Site or in the Content. Use by you of any trade marks on the Site or in the Content is strictly prohibited unless you have our prior written permission.
9 Software
9.1 Software may be made available for you to download in order for the Site to work better. You will be granted a limited, non-exclusive licence to use any such software, subject to you agreeing to the terms and conditions that apply to such software (sometimes known as an ‘end user licence agreement’ or ‘EULA’).
9.2 You will be made aware of any terms and conditions that apply to the software when you try to download it. If you do not accept such terms and conditions, you will not be able to download the software.
9.3 You should read any terms and conditions carefully. They may contain provisions that set out your legal rights (for example, under the Consumer Rights Act 2015), your legal responsibilities when using the software, the software provider’s legal responsibilities and any limitations on the software provider’s legal responsibilities to you.
9.4 Any software made available on the Site is solely for your personal use.
9.5 Using the software in an unlawful way (such as reproducing or redistributing it in a way that breaches these Terms and any other terms and conditions that apply to it) is expressly prohibited and may result in civil and criminal penalties.
10 Submitting information to the site
10.1 While we try to make sure that the Site is secure, we do not actively monitor or check whether information supplied to us through the Site is confidential, commercially sensitive or valuable.
10.2 Other than any personal information which will be dealt with in accordance with our Privacy Policy, we do not guarantee that information supplied to us through the Site will be kept confidential and we may use it on an unrestricted and free-of-charge basis as we reasonably see fit.
11 Accuracy of information and availability of the site
11.1 We try to make sure that the Site is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.
11.2 We may suspend or terminate access or operation of the Site at any time as we see fit.
11.3 Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our Site and its Content.
11.4 While we try to make sure that the Site is available for your use, we do not promise that the Site will be available at all times or that your use of the Site will be uninterrupted.
12 Hyperlinks and third party sites
The Site may contain hyperlinks or references to third party advertising and websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party advertising or website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third-party site and is at your own risk.
13 Limitation on our liability
13.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
13.1.1 losses that were not foreseeable to you and us when these Terms were formed;
13.1.2 losses that were not caused by any breach on our part;
13.1.3 business losses; and
13.1.4 losses to non-consumers.
14 Events beyond our control
We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control, including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; flood, fire, explosion or accident; or epidemics or pandemics.
15 Rights of third parties
No one other than a party to these Terms has any right to enforce any of these Terms.
16 Variation
16.1 No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 16.
16.2 We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
17 Disputes
17.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details set out at the top of this page.
17.2 If a dispute cannot be resolved using our complaint handling procedure or you are unhappy with the outcome, you may want to use alternative dispute resolution (“ADR”). ADR is a process for resolving disputes between you and us that does not involve going to court.
17.3 You can submit your dispute to The ADR Group by going to www.adrgroup.co.uk. The ADR Group is the ADR provider we use and is approved by the government to provide ADR services.
17.4 If you do not wish to use ADR, you can still bring court proceedings.
17.5 Relevant United Kingdom law will apply to these Terms. If you want to take court proceedings, the relevant courts of the United Kingdom will have non-exclusive jurisdiction in relation to these Terms.