Mashroom Platform: Terms of Service

1. Welcome
   1. Mashroom operates our Website in order to provide Subscribers useful information on a variety of topics related to property ownership and/or being a Landlord. We give our Subscribers the opportunity to connect with our trusted Business Partners.
   2. The Website is operated by Mashroom Limited (“we”, “our”, “us”, or “Mashroom”), a company registered in England and Wales under company number 11412766, whose registered office at 21 Navigation Business Village, Navigation Way, Ashton-On-Ribble, Preston PR2 2YP; and the individual or company identified in the Subscription Confirmation on the Website (“you”).
2. Introduction
   1. This document and any documents referred to within it (collectively, the “Terms of Service” also known as “Terms of Business” set out the terms of your relationship with us. It is important that you read and understand the Terms of Service before using the Website. 
   2. The term “Website” encompasses all platforms where you may interact with Mashroom for example but not limited to our Website and Facebook Community.
   3. We don’t charge you to use our Website or the other products and services covered by these Terms, unless we state otherwise any products we do charge for will have separate Terms of Service/Terms of Business which will be shared with you prior to any contact being made. Instead, businesses, organisations and other persons pay us for introductions to you. We don’t sell your personal data to others, and we don’t share information that directly identifies you (such as your name, email address or other contact information) unless you give us specific permission.
   4. To help us to understand our audience and how people interact with our content we generate reports about the performance of content, this may be shared with the businesses, organisations and other people we work with to improve our services.
   5. These Terms of Service are the terms and conditions on which Mashroom agrees to provide you with online access to our Website. By subscribing to Mashroom, you are forming a contract with Mashroom in respect of our services as described on the Website and defined below.
   6. By using and accessing the Website, you agree to these Terms of Service. If you do not agree to these Terms of Service, please do not use any of our Platforms including, our Facebook Community or our Website
   7. If you accept or agree to these Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
   8. We reserve the right at any time without notice to revise the content of these Terms of use by posting any changes to this page.  Such revised Terms will be effective immediately once it is posted and you will be notified of any changes by a notice posted on our Website for a period of time following the posting of such changes. By continuing to use our Website you are bound by all such revised Terms.
   9. When subscribing to the Website you must provide us with accurate and complete information. It is your responsibility to update and maintain changes to that information through your Mashroom Account. We are entitled to rely on any information you provide to us. All information received by us about you as a result of your Subscription or your access to and use of the Website will be used by us in accordance with our Privacy Policy.
   10. Please be aware that by using the Facebook Community you are also signing up to the terms, conditions and standards of Facebook.
3. General Disclaimer We provide our Website and its contents on an ‘as is’ and ‘as available’ basis and give no representations, guarantees or warranties of any kind, whether express or implied, with respect to this Website or its contents or that its operation will be virus free or uninterrupted. In particular, without limitation, we give no representation or warranties about the accuracy, completeness, or suitability for any purpose of the information published on our Website. The information available on our Website is intended for general information purposes only and sets out our understanding of any chosen subject matter at the time of first publication. It is not intended to constitute advice or guidance upon which you may rely and is not a substitute for professional, financial, care, legal or tax advice based on your personal circumstances. All users are advised to seek professional advice before acting on anything contained in our on our Website. The information:
   • may be incorrect or out of date; and/or
   • may not constitute a complete or definitive statement of the law or any tax issues.
4. Specific Disclaimers Without prejudice to the “General Disclaimer” in the above section, information contained in the professional advice search services has been provided by each of the professional advice advisers. The information is directed only at persons in the UK. As part of our service to you we may introduce you to trusted Business Partners. We ensure professionals must provide their membership number for the relevant professional body, and we run frequent checks to verify financial adviser and mortgage adviser data against /FCA records; it is not practicable for us to independently verify all the data provided. We do not endorse or approve any of the professional advisers or advice that they may provide and we accept no responsibility in respect of the same. Each of our Business Partners will provide you with separate Terms of Service/Terms of Business before you enter into any contract with them. Accordingly it is your responsibility to satisfy yourself that the adviser you see is independent for the business you are transacting. Any decision to transact business with an adviser is made by you on the basis of your own enquiries see is independent for the business you are transacting. Any decision to transact business with an adviser is made by you on the basis of your own enquiries.
5. Access to the Platform If the need arises, we may, without notice, suspend access to the Website on a temporary or permanent basis (including without limitation if you breach these Terms or if we need to revise the content of our Website and we reserve the right to amend the content of the Website or to withdraw or amend the service we provide on the Website without notice.  We will not be liable if for any reason our Website is unavailable at any time or for any period.
6. Definitions
   1. The following definitions shall apply to these terms and conditions::
      1. “Application” or “App” means the mobile application, which is available for download on your mobile device, through which a Subscriber can access the Platform.
      2. “Additional Services” means any additional services being offered by third parties through the Website “Collective Content” collectively refers to the Subscriber Content and the Mashroom Content.
      3. “Content” means voice, sounds, photograph, text, graphics, images, music, software, audio, video, information or any other materials.
      4. Our Website, which includes both free and paid services as more particularly described in separate Terms of Service which will be issued to you before you agree to any of these services.
      5. “Mashroom Account” means your unique user account set up when you subscribe to the Website..
      6. “Mashroom Content” means all Content that Mashroom makes available through the Website, including any Content licensed from a third party, but excluding Subscriber Content.
      7. “Subscriber” means a person who creates a Mashroom Account for the purposes of receiving information on any of the topics or services covered.  
      8. “Subscription Confirmation” means a webpage made available once the Subscribers have successfully set up a Mashroom Account on the Platform.
      9. “Subscriber Content” means all Content that a Subscriber posts, uploads, publishes, submits or transmits to be made available on the Platform.
      10. “Subscription” means a Subscriber’s subscription to the Website on creation of a Mashroom Account.
      11. “Website” means the website at www.mashroom.com and/or any other website through which a Subscriber can access our Platform(s).
   2. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
   3. Save where expressly provided to the contrary any reference to a specific statute includes any statutory extension, modification or enactment of such statute from time to time and includes any regulations or orders made under such statute.
7. Additional Services
   1. The Additional Services are provided by third parties (unless otherwise expressly noted) and are subject to separate Terms of Business  agreements.
8. Modification
   1. We are constantly updating and improving the Website to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Website.
   2. In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Website, or feature relating to Website (“changes to the Website”). These changes to the Website may affect your past activities on the Website and certain features that you use (“Service Elements”). Any changes to the Website could involve your Service Elements being deleted or reset.
   3. You agree that a key characteristic of the Website is that changes will take place over time and this is an important basis on which we grant you access to the Website. Once we have made changes to the Website, your continued use of the Website will show that you have accepted any changes to the Website. You are always free to stop using the Website.
9. Eligibility
   1. The Website is intended solely for:
      1. persons who are 18 or older and who are capable in your country of residence of entering into a legally binding agreement. Any access to or use of the Website by anyone under 18 is expressly prohibited. By accessing or using the Website, you represent and warrant that you are 18 or older; and
      2. use by Subscribers in respect of Rental Properties located in England only.
10. Account Registration
    1. In order to access the Website, you will need to set up a Mashroom Account by using your name, phone number and email address.
    2. You will be asked to create a password for your Mashroom Account. We recommend that you use a strong password, with a combination of letters, numbers and special characters, with your Mashroom Account.
    3. You are responsible for maintaining the confidentiality of your password and for any activities that occur under your Mashroom Account.
    4. Your Mashroom Account and your Profile will be based on the personal information you provide to us. Please read our Privacy Policy to understand how we collect, use and share information about you.
    5. You may not have more than one active Mashroom Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Mashroom reserves the right to suspend or terminate your Mashroom Account and your access to the Website if you create more than one Mashroom Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You agree that you take sole responsibility for any activities or actions under your Mashroom Account, whether or not you have authorised such activities or actions. You will immediately notify us of any unauthorised use of your Mashroom Account.
11. Your right to use the Website
    1. Your right to use the Website is personal to you and you are not allowed to give this right to another person. Your right to use the Website does not stop us from giving other people the right to use theWebsite.
    2. Unless allowed by these Terms of Service and as permitted by the functionality of the Website, you agree:
       1. not to copy any portion of the Website;
       2. not to give or sell or otherwise make available any portion of the Website to anybody else;
       3. not to change any portion of the Website in any way;
       4. not to look for or access the code of any portion of the Website that we have not expressly published publicly for general use.
    3. You agree that all confidential information, copyright and other intellectual property rights in the Website belong to us or the people who have licenced those rights to us.
    4. You agree that you have no rights in or to any portion of theWebsite other than the right to use it in accordance with these Terms of Service.
    5. By using the Website, you will ensure that you have obtained all necessary consents and permissions (including from any co-landlord or co-tenant, as applicable) in order you to use the Website and to comply with these Terms of Service.
12. Rules of Acceptable Use
    1. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Website and Collective Content.
    2. In addition to the other requirements within these Terms of Service, this section describes specific rules that apply to your use of the Website (the “Rules of Acceptable Use”).
    3. When using the Website you must not:
       1. violate any applicable law or regulation, or any order of a court;
       2. use our Platform(s), Website or Facebook Community or Collective Content for any commercial or other purposes that are not expressly permitted by these terms and conditions;
       3. copy, store or otherwise access any information contained on the Platform, Website or Facebook Community for purposes not expressly permitted by these terms and conditions;
       4. infringe the rights of any person or entity, including without limitation, their intellectual property, privacy or contractual rights;
       5. misuse the Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Platform or any user of the Websites own equipment;
       6. use our Platform(s), website of Facebook Community  to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or financial information;
       7. use our Platform(s), Website or the Facebook Community in connection with the distribution of unsolicited commercial email or advertisements of any kind;
       8. stalk or harass any other user of our Platform(s), Website or Facebook Community , or collect or store any personal data about any other user other than for purposes of transacting as a Subscriber;
       9. impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
       10. post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
       11. systematically retrieve data or other content from our Platform to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual or automated methods or otherwise;
       12. access, tamper with, or use non-public areas of the Platform(s), Website, Facebook Community, Mashroom’s computer systems, or the technical delivery systems of Mashroom’s providers;
       13. attempt to probe, scan, or test the vulnerability of any Mashroom system or network or breach any security or authentication measures;
       14. avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Mashroom or any of Mashroom’s providers or any other third party (including another user) to protect our Platform(s), Website, Facebook Community or Collective Content;
       15. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide our Platform(s), Website, Facebook Community  or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.
    4. Failure to comply with Rules of Acceptable Use constitutes a serious breach of these Terms of Service, and may result in our taking all or any of the following actions (with or without notice):
       1. immediate, temporary or permanent withdrawal of your right to use our Platform(s);
       2. issuing of a warning to you;
       3. legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
       4. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
    5. Mashroom may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Mashroom or to comply with legal process, (ii) enforce or administer our agreements with Subscribers, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes, or (iv) protect the rights, property or safety of Mashroom, its Subscribers and other users, or members of the public.
    6. Mashroom will report to the police or other relevant authority any actual or potential illegal use of our Platform(s), Website, Facebook Community or Collective Content.
    7. You acknowledge that Mashroom has no obligation to monitor your access to or use of our Platform(s), Website, Facebook Community or Collective Content or to review or edit any Subscriber Content, but has the right to do so for the purpose of operating and improving our Platform(s) (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms of Service, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body or as set forth in these terms and conditions.
13. Intellectual Property Rights 
    1. Our Platform(s) and Collective Content are protected by copyright, trademark and other laws. You acknowledge and agree that our Platform(s) ,Website, Facebook Community and Mashroom Content, including all associated intellectual property rights, are the exclusive property of Mashroom and its licensors.
14. Disclaimers
    1. No advice or information, whether oral or written, obtained from Mashroom or through our Platform(s), Website, Facebook Community  Collective Content will create any warranty unless expressly made herein.
    2. By using the platform or Facebook Community and uploading your photos to it, you are granting Mashroom an irrevocable perpetual royalty free licence to use your photos for marketing your property and for general marketing purposes. As such your photos may appear on third party websites. It is your responsibility to ensure that you have obtained all the rights that you need to be able to grant Mashroom this licence.
15. Ending our relationship
    1. If at any time you do not feel that you can agree to these Terms of Service or any changes made to the Terms of Service or our Platform(s), Website or Facebook Community, you must immediately stop using these.
    2. We may immediately end your use of our Platform(s), Website or Facebook Community, if you break the Rules of Acceptable Use set out at paragraph 12, any other important rule(s), or terms and conditions we set for accessing and using our  Platform(s), Website or Facebook Community, including these Terms of Service.
    3. We may also withdraw our Platform(s), Website or Facebook Community as long as we give you reasonable notice that we plan to do this.
    4. If you or we end your use of our Platform(s), Website or Facebook Community or we withdraw our Platform(s), Website or Facebook Community as described in this section, you will lose any rights you have to use our Platform(s), Website or Facebook Community. We will not offer you compensation for any losses you might suffer as a result.
    5. Nothing in this paragraph 17:
       1. affects any legal rights you may have under the law of the country in which you are resident; or
       2. prejudices any rights, covenants, obligations or other contractual or legal relationships created or any other contract to which a Subscriber may be party.
     
16. Our liability/responsibility to you
    1. Some of the information provided to you on our Platform(s), Website and Facebook Community may contain content owned or developed by third parties, and the networks, content and materials that you interact with through our Platform(s), Website or Facebook Community are owned or developed by third parties. As we do not own or produce such third party content, we cannot be responsible for it in any way.
    2. While we do our best to ensure that the features and functionalities of our Platform(s) and Website are of a reasonably satisfactory standard, certain features may rely on networks and connections that are beyond our control.
    3. Due to the nature of the Internet and technology, the Website is provided on an “as available” and “as is” basis. This means that we are unable to promise that your use of the Website will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the Website  in these Terms of Service and, to the extent we are able to do so, we exclude any commitments that may be implied by law.
    4. We do not assume any liability for any loss or damage suffered by you which is caused by any other Subscriber’s act or omission.
       1. In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable, or that is caused by a failure by you to comply with these Terms of Service.
       2. Nothing in these Terms of Service excludes or limits our liability to you, or your statutory rights as a consumer, if the law of the country where you live does not allow the exclusions or limitations of liability provided for in these Terms of Service.
    5. If you are a company Subscriber
       1. A company that is a Subscriber shall indemnify, defend and hold harmless Mashroom and its agents and contractors in full from and against any and all losses, damages, claims, liabilities, and expenses (including reasonable lawyers’ fees) arising out of a claim brought by any third party relating to a breach of these Terms of Service.
17. Complaints and resolving disputes Disputes relating to our Platform(s), Website or Facebook Community
    1. If you have a complaint or wish to raise any dispute with us relating to our Platform(s), Website or Facebook Community in the first instance please contact us at support@mashroom.com and attempt to resolve the complaint or dispute with us informally.
    2. If we have been unable to resolve your complaint satisfactorily within 10 working days, we will provide you with details of any redress schemes to which Mashroom is a member (please see further details on our website mashroom.com). Such schemes will be able to assist you with resolving your dispute.
     
18. Changes to the documents
    1. We may revise these Terms of Service from time to time but the most current version will always be at https://mashroom.com/p/terms-and-conditions.
    2. Changes will usually occur because of new features being added to our Website, changes in the law or where we need to clarify our position on something.
    3. Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice.
19. Documents that apply to our relationship with you
    1. The current version of the Terms of Service contains the only terms and conditions that apply to our relationship with you.
    2. We intend to rely on these Terms of Service as setting out the written terms of our agreement with you for the provision of our Platform(s), Website or Facebook Community. If part of the Terms of Service cannot be enforced then the remainder of the Terms of Service will still apply to our relationship.
    3. If you do not comply with these Terms of Service and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.
    4. Separate Terms of Service or Terms of Business are in place for specific services we provide you will have access to these before agreeing to any contact and copies are available on our Website.
20. Contact and feedback
    1. If you need to contact us in relation to these Terms of Service or any other document mentioned in them, please email us at support@mashroom.com.
    2. We value hearing from our users, and are always interested in learning about ways we can improve our Platform(s), Website or Facebook Community . By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.
21. Force Majeure 
    1. No party shall be in breach of these Terms of Service nor liable for delay in performing, or failure to perform, any of its obligations under these Terms of Service if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for eight (8) weeks, the party not affected may terminate these Terms of Service by giving thirty (30) days’ written notice to the affected party.
     
22. Entire Agreement 
    1. These Terms of Service constitute the entire and exclusive understanding and agreement between Mashroom and you regarding our Platform(s), Website or Facebook Community Collective Content. These Terms of Service supersede and replace any and all prior oral or written understandings or agreements between Mashroom and you regarding, our Platform(s), Website or Facebook Community and  Collective Content.
     
23. No Partnership or Agency
    1. Nothing in these Terms of Service is intended to, or shall be deemed to, establish any partnership or joint venture between Mashroom and any Subscriber.
     
24. Assignment 
    1. You may not assign or transfer these Terms of Service, by operation of law or otherwise, without Mashroom’s prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. Mashroom may assign or transfer these terms and conditions, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
     
25. No Third Party Rights 
    1. These Terms of Service do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
     
26. Severance 
    1. Each of the paragraphs of these Terms of Service operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
     
27. Remedies 
    1. Except as expressly set forth in these Terms of Service, the exercise by a party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these terms and conditions will remain in full force and effect.
     
28. Notices 
    1. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given by Mashroom (i) via email (in each case to the address that you provide) or (ii) by posting to the Platform. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
     
29. No Waiver 
    1. The failure of Mashroom to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Mashroom.
     
30. Law 
    1. English law will apply to all disputes and the interpretation of these Terms of Service. The English courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Platform. This does not affect your rights under the law of the country in which you are resident, including (where applicable) your right to have a dispute in relation to your use of the Platform heard in the courts of that country.