Mashroom – Terms of Service

Welcome
1. Mashroom operates the Platform in order to provide Subscribers with the Lettings Services.
2. The Platform 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 Platform (“you”).
INTRODUCTION
1. This document and any documents referred to within it (collectively, the “Terms of Service”) set out the terms of your relationship with us. It is important that you read and understand the Terms of Service before using the Platform.
2. These Terms of Service are the terms and conditions on which Mashroom agrees to provide you with online access to the Platform as either a landlord or tenant Subscriber. By subscribing to Mashroom, you are forming a contract with Mashroom in respect of the Lettings Service as described on the Website and defined below.
3. By using and accessing the Platform, you agree to these Terms of Service. If you do not agree to these Terms of Service, please do not use the Platform.
4. 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.
5. When subscribing to the Platform, you must provide us with accurate and complete information (including payment details, contact and other information) and 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 Platform will be used by us in accordance with our Privacy Policy.
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 Platform (except in the case of tenant referencing services and the Deposit Replacement Product, which are being offered by Mashroom as a Lettings Service but are procured from a third party).
  3. “Agreed Terms” means the terms for a tenancy agreement for a Rental Property agreed between the Landlord and the Prospective Tenant as verified as being correct and complete using the Platform by all Subscribers who are to be contracting parties to the proposed AST.
  4. “Collective Content” collectively refers to the Subscriber Content and the Mashroom Content.
  5. “Content” means voice, sounds, photograph, text, graphics, images, music, software, audio, video, information or any other materials.
  6. “Departing Tenant” means a tenant Subscriber who creates a Listing on the Platform.
  7. “Deposit” means a monetary deposit agreed between a Landlord and Prospective Tenant as security for the grant of a Platform AST.
  8. “Deposit Replacement Product” means a deposit replacement product offered by Mashroom through the Platform as more particularly described at paragraph 4.5.
  9. “Finder’s Fee” means a fee payable by the Landlord to the Departing Tenant to be an amount equivalent to one (1) week’s principal rent payable by an Incoming Tenant under a Platform AST as more particularly described at paragraph 11.2.
  10. “Incoming Tenant” means a Prospective Tenant who has used the Lettings Service and has entered into a Platform AST with a Landlord for a Rental Property.
  11. “Landlord” means a landlord that creates a Listing on the Platform.
  12. “Landlord Registration Number” means a registration number to show that a Landlord has been approved by a local authority to let property. The number is available on the National Register of Accredited Landlords.
  13. “Lettings Service” means the general online end to end property lettings services provided by Mashroom through the Platform, which includes both free and paid services as more particularly described in paragraph 4 below.
  14. “Lettings Fee” – fees due for the ‘Manual’ and ‘Essential’ Rent Collection Package services detailed in definitions 45 and 46.
  15. “Listing” means a Rental Property that is listed on the Platform by a Departing Tenant or a Landlord, and is then subsequently published on the Platform, once the Landlord has paid the Listing Fee.
  16. “Listing Fee” means the £0 upfront fee (inclusive of VAT) which is paid by the Landlord to Mashroom in order to list one (1) Rental Property live on the Platform.
  17. “Mashroom Account” means your unique user account set up when you subscribe to the Platform.
  18. “Mashroom Content” means all Content that Mashroom makes available through the Platform, including any Content licensed from a third party, but excluding Subscriber Content.
  19. “Offer Confirmation” means the written confirmation from the Landlord to Mashroom on the Platform that the Landlord has accepted an offer from a Prospective Tenant for a tenancy of a Rental Property and:
    1. has notified Mashroom of the Agreed Terms on the Platform; and
    2. that the Landlord has complied with paragraph 9.8 of these Terms of Service.
  20. “Offer Rejection Notice” means a written notice from Mashroom (on behalf of the Landlord) to the Prospective Tenant specifying that the Landlord does not intend to proceed with the grant of a Platform AST of the Rental Property to the Prospective Tenant and that the whole or part of the Reservation Fee shall be retained due to one or more of the following reasons:
    1. the Prospective Tenant has provided false or misleading information which it is reasonable for the Landlord (or Mashroom) to take into account in deciding whether to grant a tenancy;
    2. the Prospective Tenant has failed a right to rent check under the applicable law; and/or
    3. the Prospective Tenant has failed to take all reasonable steps to enter into a Platform AST of the Rental Property when the Landlord has taken all reasonable steps.
  21. “Platform” means the platform accessible through the Website www.mashroom.com or the Application, which allows a Subscriber to use and gain access to the Lettings Service. For the avoidance of doubt, the Platform includes the Collective Content.
  22. “Platform Account” means Mashroom’s bank account linked to the Platform and notified to Subscribers in writing following the date of Subscription.
  23. “Platform AST” means an assured shorthold tenancy agreement for a Rental Property to be entered into between a Landlord and Prospective Tenant and any guarantor through the Platform.
  24. “Platform AST Instruction” means the joint instruction to Mashroom from the Landlord and the Prospective Tenant using the Platform to issue the Platform AST based on the Agreed Terms for the Landlord and the Prospective Tenant to sign and date.
  25. “Profile” means a Subscriber’s personal profile on the Mashroom Account.
  26. “Prospective Tenant” means a Subscriber who requests from a Departing Tenant or a Landlord to view or to rent a Rental Property on the Platform.
  27. “Rental Property” means a flat, house, studio or other interior space designed for use as residential accommodation made available for rent by a Departing Tenant or a Landlord on the Platform.
  28. “Reservation Fee” means a refundable holding deposit to reserve the Rental Property payable by the Prospective Tenant (as more particularly described at paragraph 4.4) being an amount equivalent to one (1) week’s principal rent payable under the proposed Platform AST.
  29. “Retention Notice” means a written notice from Mashroom (on behalf of the Landlord) to the Prospective Tenant specifying that the whole or part of the Reservation Fee shall be retained for one or more of the following reasons:
    1. the Prospective Tenant has provided false or misleading information which is reasonable for the Landlord (or Mashroom) to take into account in deciding whether to grant a tenancy;
    2. the Prospective Tenant has failed a right to rent check under the applicable law;
    3. the Prospective Tenant has withdrawn from the negotiations for a Platform AST (despite the Landlord wanting and being able to proceed); and/or
    4. the Prospective Tenant has failed to take all reasonable steps to enter into a Platform AST for the Rental Property when the Landlord has taken all reasonable steps.
  30. “Scheme Administrator” means The Deposit Protection Service Limited (or such other legally approved deposit protection scheme as Mashroom shall notify Subscribers from time to time as its preferred deposit protection scheme).
  31. “Subscriber” means a person who creates a Mashroom Account for the purposes of receiving the Lettings Service, including but not limited to Landlords, Departing Tenants, Prospective Tenants and Incoming Tenants.
  32. “Subscription Confirmation” means a webpage made available once the Subscribers have successfully set up a Mashroom Account on the Platform.
  33. “Subscriber Content” means all Content that a Subscriber posts, uploads, publishes, submits or transmits to be made available on the Platform.
  34. “Subscription” means a Subscriber’s subscription to the Platform on creation of a Mashroom Account.
  35. “Target Date” means the date which is fourteen (14) days after the date on which a Prospective Tenant pays the Reservation Fee to Mashroom (on behalf of the Landlord) or such later date as the Landlord and Prospective Tenant shall agree and confirm to Mashroom in writing.
  36. “Tax” or “Taxes” mean any sales taxes, value added taxes (“VAT”), income taxes, corporation or other taxes that users may be required by law to collect and remit to governmental agencies.
  37. “Tenancy Date” the date on which a Platform AST is granted between the Landlord and the Prospective Tenant and any other relevant parties.
  38. “TFA 2019” means the Tenant Fees Act 2019.
  39. “Unregistered User” means a user who views Listings on the Platform without creating a Mashroom Account.
  40. “Viewing Request Period” means the time period starting from the time when a viewing is requested by a Prospective Tenant (as determined by Mashroom in its sole discretion), within which a Departing Tenant or Landlord may decide whether to confirm or reject that viewing request, as stated on the Platform.
  41. “Website” means the website at www.mashroom.com and/or any other website through which a Subscriber can access the Platform.
  42. “Rent payment” refers to the payment of rent monies by the tenant upon move-in, which, depending on the rent collection plan the landlord has selected either directly to the landlord (‘Manual’) or otherwise to Mashroom (‘Essential’, or ‘Secure’).
  43. “Rent Collection” refers to the money collected by Mashroom from the tenant upon move-in where the landlord has selected either the ‘Essential’ or ‘Secure’ Rent Collection packages.
  44. “Manual Rent Collection Package” – a free service where the landlord is personally responsible for collection of rent payments. Within the Mashroom platform, the Landlord only gains access to Listings and Viewings Services.
  45. “Essential Rent Collection Package” – a paid rent collection service provided by Mashroom (details of the package available here). Our fee is 2% of rent (inclusive of VAT). The landlord is liable to the fee for the duration of the whole AST and cannot opt out at any point during the tenancy. The fee becomes due from the point that the tenant moves into the property and is paid in monthly instalments.
  46. “Secure Rent Collection Package” – a paid rent collection service provided by Mashroom (details of the package available here). Our fee is 5% of rent (inclusive of VAT). The landlord is liable to the fee for the duration of the whole AST and cannot opt out at any point during the tenancy. The fee becomes due from the point that the tenant moves into the property and is paid in monthly instalments.
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.
The Services
1. Description of the Lettings Service
2. The Lettings Service comprises of the Platform through which the following activities can occur:
  1. a Departing Tenant may either: (i) be involved in viewings (if asked to do so by the Landlord); or (ii) create a Listing for a Rental Property with permission from their Landlord;
  2. a Landlord may create a Listing for a Rental Property;
  3. a Prospective Tenant may learn through the Platform about available Rental Properties and can arrange to view a Rental Property directly with a Departing Tenant or a Landlord (as applicable); and
  4. a Prospective Tenant and Landlord can communicate using the Platform to negotiate terms of a tenancy agreement, confirm any Agreed Terms and thereafter enter into a Platform AST.
3. An Unregistered User is able to view Listings on the Platform. Please note: If an Unregistered User wishes to rent a Rental Property, or create a Listing, the Unregistered User must first create a Mashroom Account and become a Subscriber. Please see paragraph 7 below.
4. Reservation Fee and Reference Checks
  1. If the Prospective Tenant agrees to offer a Reservation Fee to the Landlord then the Prospective Tenant shall pay the Reservation Fee to Mashroom into the Platform Account within [3 working days] after the date of the Offer Confirmation.
  2. This is not available to Landlords and tenancies under the ‘Manual Rent Collection Package’ as per definition 44.
  3. Mashroom will send a confirmation of receipt of the Reservation Fee to the Prospective Tenant and the Landlord on the Platform promptly following receipt of the monies into the Platform Account.
  4. Mashroom offers an optional tenant reference check service to a Landlord through the Platform except for where a Landlord and a Prospective Tenant opt for a Deposit Replacement Product in which case the Landlord accepts it is required to purchase the tenant reference check service offered by Mashroom as a mandatory pre-condition for the purchase of the Deposit Replacement Product.
  5. If a Landlord purchases (at its own cost) the tenant reference check service through the Platform, then Mashroom shall procure such service via the third party – RentProfile (or such other reputable company as Mashroom may from time to time instruct). For further information about RentProfile, please see https://www.rentprofile.co/.
  6. A Landlord may make a request to Mashroom on the Platform to procure (at the cost of, and on behalf of, the Landlord) additional checks and processes designed to help verify or check the identities or references of a Prospective Tenant. The results of the reference checks will be provided to the Landlord and the Landlord may rely on such reference checks in deciding (at the Landlord’s discretion) whether to offer a tenancy to a Prospective Tenant.
  7. Any recommendation made by Mashroom or any affiliate of Mashroom in connection with the suitability of any Prospective Tenant is for information purposes only and shall not bind any Subscriber.
  8. If following the payment of a Reservation Fee into the Platform Account:
    1. the Tenancy Date occurs prior to the Target Date, the Prospective Tenant confirms and agrees that in lieu of a refund of the Reservation Fee, the Landlord can offset the Reservation Fee against the first month’s payment of principal rent due pursuant to the Platform AST and Mashroom can administer this (on behalf of the Landlord) in accordance with the rent collection services specified at paragraph 4.8 of these Terms of Service; or
    2. the Tenancy Date occurs (or in Mashroom’s reasonable opinion is expected to occur) later than the Target Date, Mashroom shall refund the Reservation Fee (in full) to the Prospective Tenant within seven (7) days after the Target Date.
  9. If following the payment of a Reservation Fee into the Platform Account the Prospective Tenant notifies the Landlord and Mashroom on the Platform that it is not willing to enter into a Platform AST before the Target Date (whereas the Landlord is willing and able to proceed) then provided that:
    1. Mashroom (on behalf of the Landlord) serves a Retention Notice on the Prospective Tenant within seven (7) days of the Prospective Tenant’s notification; and
    2. the Prospective Tenant does not subsequently raise any objection in response to the Retention Notice to Mashroom on the Platform,
  10. Mashroom shall:
    1. be entitled (in its sole discretion) to deduct any reasonable and proper costs and fees properly incurred by Mashroom from the Reservation Fee resulting from the Prospective Tenant’s abandonment of the Platform AST; and
    2. subsequently pay within fourteen (14) days after the Target Date the balance of the Reservation Fee to the Landlord as compensation for the abandonment of the Platform AST,
  11. but if the Prospective Tenant raises an objection under sub-paragraph (ii) Mashroom will deem the Reservation Fee to be in dispute and the provisions of paragraph 4.4(k) shall apply.
  12. If following receipt of the Reservation Fee into the Platform Account the Landlord notifies the Prospective Tenant and Mashroom on the Platform that it is not willing to grant a Platform AST to the Prospective Tenant before the Target Date (whereas the Prospective Tenant is willing and able to proceed), Mashroom shall repay the Reservation Fee (in full) to the Prospective Tenant within (7) days after the Landlord’s notification except in circumstances where Mashroom (on behalf of the Landlord) serves an Offer Rejection Notice on the Prospective Tenant within three (3) days of the Landlord’s notification of its decision and in such case Mashroom shall:
    1. be entitled (in its sole discretion) to deduct any reasonable and proper costs and fees properly incurred by Mashroom from the Reservation Fee resulting from the abandonment of the Platform AST; and
    2. subsequently pay within fourteen (14) days after the Target Date the balance of the Reservation Fee to the Landlord as compensation for the abandonment of the Platform AST,
  13. but if the Prospective Tenant subsequently raises an objection to the Offer Rejection Notice through the Platform to Mashroom, then Mashroom will deem the Reservation Fee to be in dispute and the provisions of paragraph 4.4(k) shall apply.
  14. For the avoidance of doubt if Mashroom (on behalf of the Landlord) fails to serve:
    1. a Retention Notice on the Prospective Tenant strictly within seven (7) days of the Prospective Tenant’s notification in accordance with paragraph 4.4(h)(i); or
    2. an Offer Rejection Notice on the Prospective Tenant strictly within seven (7) days of the Landlord’s notification of withdrawal of its offer to grant a Platform AST in accordance with paragraph 4.4(i),
  15. then Mashroom shall promptly repay the Reservation Fee (in full) to the Prospective Tenant within seven (7) days of the date of notification or decision (as relevant).
  16. In the event that there is a dispute with respect to the retention or repayment of the Reservation Fee as contemplated under paragraphs (g) to (j) (inclusive) above and:
    1. if the parties fail to mutually resolve the issue within [five (5) working days] of the date of the dispute, then either Subscriber party or Mashroom may initiate dispute resolution proceedings with [the redress scheme] or with any other lawful authority; and
    2. Mashroom will hold the Reservation Fee as stakeholder until the date which is [three (3) working days] after the date on which either the parties confirm the agreed resolution in writing to Mashroom or (in the event such parties fail to agree within [5 working days] after the date of the dispute) the date of determination pursuant to dispute resolution proceedings with [the redress scheme] or by any other lawful authority.
5. Tenancy Deposit or Deposit Replacement Product
  1. Mashroom offers two (2) options to a Landlord and a Prospective Tenant as part of the Lettings Service. These are not available to Landlords who select the ‘Manual Rent Collection Package’ as per definition 44.The options offered are:
    1. Traditional tenancy deposit – whereby the Landlord and the Prospective Tenant may agree that the Landlord will take up to a maximum of five (5) weeks’ principal rent payable under the proposed Platform AST as a Deposit; or
    2. Deposit replacement product – whereby the Landlord and the Prospective Tenant may agree that the Prospective Tenant can (at the cost of the Prospective Purchaser) purchase a Deposit Replacement Product (subject to eligibility of the Prospective Tenant which will be determined by Mashroom in its reasonable discretion and based on eligibility criteria and any other requirements of the provider of the product). For the avoidance of doubt, the Deposit Replacement Product will be subject to a separate agreement (and further details can be found here: https://mashroom.com/services/deposit-replacement-tenant),
  2. and the Landlord shall notify Mashroom of the option selected in the Offer Confirmation.
  3. If the Offer Confirmation specifies that Landlord and Prospective Tenant have opted for a Deposit, then:
    1. the Prospective Tenant shall pay the Deposit to Mashroom (as stakeholder) on the Tenancy Date to the Platform Account;
    2. within the 30 days after receipt of the Deposit Mashroom (as stakeholder) shall lodge the monies with Scheme Administrator in its custodial deposit protection scheme;
    3. within the 30 days after receipt of the Deposit Mashroom (acting on behalf of the Landlord) shall serve on the Prospective Tenant a notice of information required under section 213(5) of the Housing Act 2004 as set out in the Housing (Tenancy Deposits) (Prescribed Information) Order 2007 (SI 2007/797) and provide a copy of such notice on the Platform for the Landlord and the Incoming Tenant to view;
    4. Mashroom shall (as stakeholder) request the Scheme Administrator to return the Deposit to the Incoming Tenant within [***] working days after the later of (i) the date of expiry of the term of the Platform AST (howsoever determined) and (ii) the date on which the Landlord obtains vacant possession of the Rental Property in accordance with the rules of the Scheme Administrator but less any sums that the Landlord is properly entitled to deduct from the Deposit in accordance with the Platform AST (and which sums have been notified to the Incoming Tenant and Mashroom on the Platform); and
    5. The Landlord and the Incoming Tenant agree that any dispute arising from any proposed deductions to a Deposit shall be resolved in accordance with the dispute resolution procedure administered by the Scheme Administrator [insert link]].
  4. If the Offer Confirmation specifies that the Landlord and the Prospective Tenant have opted for a Deposit Replacement Product and the Prospective Tenant has satisfied the applicable eligibility checks (as determined by Mashroom in its reasonable discretion and as the provider of the product), then:
    1. the Prospective Tenant shall pay the product arrangement fee for the Deposit Replacement Product to the Platform Account within [3 working days] after written demand; and
    2. Mashroom shall procure that the Deposit Replacement Product is effected on the Tenancy Date and that a copy of the relevant documentation relating to the product is made available with the Platform AST and on the Platform for the Landlord and the Tenant to view shortly afterwards.
  5. The Landlord and the Incoming Tenant agree that any dispute in connection with a Deposit Replacement Product following the Tenancy Date shall be resolved in accordance with the dispute resolution procedure administered by an independent adjudicator.
6. Inventory and schedule of condition
  1. Mashroom offers an optional professional inventory preparation service (which includes a check-in and check-out service) save where a Landlord and Prospective Tenant opt for a Deposit Replacement Product in which circumstances the Landlord accepts that it required to purchase the inventory service (at its own cost) through the Platform.
  2. Where an inventory service is purchased through the Platform (at the cost of the Landlord), Mashroom will:
    1. procure the inventory service via the third party – Vibrant (or such other reputable company as Mashroom may from time to time instruct). For further information about Vibrant, please see: https://www.vibrantenergymatters.co.uk/; and
    2. provide a copy of the signed and dated inventory on the Platform within 10 working days after the Tenancy Date.
7. Platform AST
  1. Following an Offer Confirmation, if a Landlord and a Prospective Tenant wish to enter into a tenancy agreement, (not available to ‘Manual Rent Collection Package’) then the Landlord and Prospective Tenant will be required to:
    1. issue a Platform AST Instruction to Mashroom; and
    2. thereafter, enter into a Platform AST which shall be in the form of the AST made available on the Platform by Mashroom but subject to such variations as the Landlord and Prospective Tenant may agree and notify to Mashroom in writing. A sample of Mashroom’s standard form of AST (downloadable here) and may be updated from time to time at the sole discretion of Mashroom. This is not available to users who choose the “manual rent collection package”.
  2. You confirm and acknowledge that:
    1. a Platform AST is intended to create legal obligations on the respective parties thereto and that you should each seek independent legal advice in connection with the provisions of a Platform AST to understand the rights and obligations created thereunder before you issue a Platform AST Instruction to Mashroom and thereafter sign and date a Platform AST;
    2. pending legal completion of a Platform AST the Offer Confirmation and any Agreed Terms remain subject to contract;
    3. Mashroom is not a party to a Platform AST and that Mashroom disclaims all liability arising from or related to any such tenancy agreement; and
    4. notwithstanding paragraph 33 of these Terms of Service, Mashroom will not accept service of any notice on behalf of any party to a Platform AST.
8. Rent Collection Services
  1. The Landlord and the Incoming Tenant agree that:
    1. As per the definitions above, under both the “Essential” and “Secure” Rent Collection Packages, the Incoming Tenant shall pay all principal rent due to the Landlord pursuant a Platform AST by standing order to Mashroom (on behalf of the Landlord) using the Platform Account;
    2. the Incoming Tenant shall pay the first payment of principal rent due under the Platform AST to Mashroom (on behalf of the Landlord) to the Platform Account on the Tenancy move in Date (unless the Incoming Tenant and the Landlord have agreed a later date when payment must be made and notified Mashroom in writing of the same); and
    3. within [3 working days] following receipt of the rents referred to at paragraphs 4.8(a)(i) and (ii) Mashroom will pay the rents from the Platform Account to the Landlord’s nominated account, after deducting any fees that are properly due and payable by the Landlord or the Incoming Tenant (as applicable) as specified in these Terms of Service.
    4. It is important you understand what is and isn’t covered by the Rent Guarantee, Legal Expenses and Landlord Residential Emergency Assistance Insurance Covers. You will be able to find the full details below:
      1. Rent Guarantee and Legal Expenses Insurance Product Information Document (link)
      2. Rent Guarantee and Legal Expenses Insurance Policy Document (link)
      3. Home Emergency Insurance Product Information Document (link)
      4. Home Emergency Insurance Policy Document (link)
    6. By selecting to use our services under either the Essential or Secured Rent Collection Package, you are asking us to arrange or handle your insurances, and you are providing your informed agreement to our Terms of Business.
    7. In the alternate case, if the landlord has selected the “Manual” Rent Collection Package, they are solely responsible to collect rent directly from the tenant, as per definitions 42 and 44. Under this package, the landlord will only have access to the platform’s listing and offer functionality. Mashroom is not involved or responsible for any other aspect of the tenancy.
  2. You confirm and acknowledge that Mashroom will only make rental payments to the Landlord if the Incoming Tenant has made the requisite payment into the Platform Account on the due date specified in the Platform AST and Mashroom has no responsibility to either the Landlord or the Incoming Tenant for any rent arrears under the Platform AST notwithstanding the Incoming Tenant’s use of the Platform or its Subscription.
9. Retention of Monies by Mashroom
  1. Mashroom holds all monies in the Platform Account in connection with its performance of the Letting Services pursuant to the rules (as applicable) of:
    - the Money Shield Client Money Protection Scheme (https://money-shield.co.uk/page/WhatisMoneyShield)
    - Mydeposits (https://www.mydeposits.co.uk/)
  2. Mashroom is also a member of:
    - The Property Redress Scheme (https://www.theprs.co.uk/)
    - The Property Ombudsman Scheme (https://www.tpos.co.uk/)
10. Additional Services The Additional Services are provided by third parties (unless otherwise expressly noted) and are subject to separate agreements.
Modification
1. We are constantly updating and improving the Platform 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 Platform.
2. In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Platform, or feature relating to Platform (“changes to the Platform”). These changes to the Platform may affect your past activities on the Platform and certain features that you use (“Service Elements”). Any changes to the Platform could involve your Service Elements being deleted or reset.
3. You agree that a key characteristic of the Platform is that changes will take place over time and this is an important basis on which we grant you access to the Platform. Once we have made changes to the Platform, your continued use of the Platform will show that you have accepted any changes to the Platform. You are always free to stop using the Platform.
Eligibility
1. The Platform 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 Platform by anyone under 18 is expressly prohibited. By accessing or using the Platform, you represent and warrant that you are 18 or older; and
  2. use by Subscribers in respect of Rental Properties located in England only.
Account Registration
1. In order to access the Platform, you will need to set up a Mashroom Account by using your name, phone number and email address.
2. In the case where a Landlord has created a Listing, the Listing will not be published on the Platform until the Landlord has paid the Listing Fee.
3. A Departing Tenant must obtain Landlord approval before creating a Listing. Once approval is obtained, the Landlord must pay the Listing Fee.
4. 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.
5. You are responsible for maintaining the confidentiality of your password and for any activities that occur under your Mashroom Account.
6. Your Mashroom Account and your Profile will be based on the personal information you provide to us. Please read our Privacy Policy (https://mashroom.com/p/privacy-policy) to understand how we collect, use and share information about you.
7. 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 Platform 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.
YOUR RIGHT TO USE THE PLATFORM
1. Your right to use the Platform is personal to you and you are not allowed to give this right to another person. Your right to use the Platform does not stop us from giving other people the right to use the Platform.
2. We allow you to access the Platform in order to use the Lettings Service in accordance with these Terms of Service and we grant you a non-exclusive, personal, non-transferable, licence for this purpose only.
3. Unless allowed by these Terms of Service and as permitted by the functionality of the Platform, you agree:
  1. not to copy any portion of the Platform;
  2. not to give or sell or otherwise make available any portion of the Platform to anybody else;
  3. not to change any portion of the Platform in any way;
  4. not to look for or access the code of any portion of the Platform that we have not expressly published publicly for general use.
4. You agree that all confidential information, copyright and other intellectual property rights in the Platform belong to us or the people who have licenced those rights to us.
5. You agree that you have no rights in or to any portion of the Platform other than the right to use it in accordance with these Terms of Service.
6. By using the Platform, 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 Platform and to comply with these Terms of Service.
Listings
1. If you are a Landlord and you have a Mashroom Account, you may create a Listing.
2. The Listing Fee is paid by the Landlord to Mashroom in the following two circumstances:
  1. where the Landlord accesses the Platform itself for the purposes of hosting viewings; or
  2. where the Landlord instructs the Departing Tenant to host viewings.
3. To create a Listing, the Departing Tenant or the Landlord will be asked a variety of questions about the Rental Property to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Rental Property, rent and other rules and financial terms.
4. In order to be featured in Listings via the Platform, all Listings must have a valid physical address. Listings will be made publicly available via the Platform. Other Subscribers will be able to schedule viewings and apply for your Rental Property via the Platform based upon the information provided in your Listing.
5. We may also publish Listings on approved third party property websites such as Zoopla (https://www.zoopla.co.uk/) and Rightmove (https://www.rightmove.co.uk/). Listings will be limited to a two (2) month continuous period that cannot be paused once initiated.
6. You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post:
  1. will not breach any agreements you have entered into with any third parties;
  2. will be in compliance with all applicable laws and rules and regulations;
  3. will not conflict with the rights of third parties, and
  4. if you are a Departing Tenant, will be done with full written consent of the Landlord of the Rental Property (and shall furnish a copy of such consent to Mashroom promptly after request).
7. Please note that Mashroom assumes no responsibility for a Departing Tenant’s or a Landlord’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations.
8. It is the responsibility of the Landlord to:
  1. have in place any applicable HMO licence and any other consent, licence or certification required by law in relation to any Rental Property and provide the same to the Prospective Tenant (if requested);
  2. have a valid EPC certificate, gas safety(CP12) certificate and EICR(electrical installation conditions report) for the Rental Property and provide the same to the Prospective Tenant (as a mandatory requirement pursuant to law);
  3. (if the Rental Property is located in England) provide the Prospective Tenant with the latest copy of the “How to Rent” guide: https://www.gov.uk/government/publications/how-to-rent/how-to-rent-the-checklist-for-renting-in-england) (as a mandatory requirement pursuant to law);
  4. make all necessary enquiries of the Prospective Tenant’s suitability for rent of the Rental Property and immigration status and that of all proposed occupiers of the Rental Property and to satisfy itself of compliance with all applicable immigration and right to rent laws from time to time in force; and
  5. comply with any other applicable laws regulating the grant of a tenancy agreement in respect of the Rental Property,
9. prior to issuing an Offer Confirmation to Mashroom.
10. It is the responsibility of the Prospective Tenant to check that it has received from the Landlord all relevant information and documents listed at paragraph 9.8 in relation to any Rental Property and to verify such information to its satisfaction prior to issuing a Platform AST Instruction and entering into the Platform AST.
Viewings
1. If you are a Departing Tenant and a viewing is requested for a Rental Property via the Platform, you will be required to either confirm or reject the viewing request within the Viewing Request Period, otherwise the viewing request will be automatically cancelled by Mashroom.
2. When a Departing Tenant confirms a viewing requested by a Prospective Tenant using the calendar on the Platform, Mashroom will send you an email or message via the Platform confirming the viewing, depending on the selections you make via the Platform.
3. The Departing Tenant is solely responsible for honouring any confirmed viewings and making available any Rental Property reserved through the Platform. If you are a Prospective Tenant and you choose to book a viewing with a Departing Tenant in relation to the Rental Property, you agree and understand that you will be entering into an agreement with the Departing Tenant and you agree to accept all reasonable conditions, rules and restrictions imposed by the Departing Tenant in relation to that viewing. You acknowledge and agree that Mashroom is not a party to such agreements, and that Mashroom disclaims all liability arising from or related to any such agreements.
4. The Landlord might also host viewings. In this case the Landlord is solely responsible for honouring any confirmed viewings and making available any Rental Property reserved through the Platform.
5. The Landlord and Departing Tenant (as relevant) confirm and agree that they will not charge any fee or other charge to the Prospective Tenant in connection with any viewings of the Rental Property in contravention of the Tenant Fees Act 2019 or any other applicable laws.
OTHER Fees payable by A Landlord
1. No Finder’s Fee If a Landlord sources an Incoming Tenant without the involvement of any Departing Tenant then (for the avoidance of doubt) no Finder’s Fee shall be payable to a Departing Tenant.
2. Finder’s Fee to Departing Tenant If a Departing Tenant successfully finds a Prospective Tenant and the Prospective Tenant subsequently enters into a Platform AST then Mashroom will (on behalf of the Landlord) pay to the Departing Tenant the Finder’s Fee. Mashroom shall be entitled to deduct the Finder’s Fee from the first payment of principal rent payable to the Landlord under the Platform AST (as further detailed in paragraph 4.8 of these Terms of Service). For the avoidance of doubt the Landlord (not the Incoming Tenant) is liable to Mashroom for the Finder’s Fee.
Financial Terms for Departing Tenants
1. In connection with the Finder’s Fee, you will be asked to provide customary financial information such as name and bank account information either to Mashroom or its third-party payment processor(s).
2. You are also solely responsible for Tax in relation to any payments received through the Platform. Mashroom does not offer Tax-related advice to any Subscriber.
Cancellations
1. Cancellations (Subject to the provisions of paragraph 13.2 and paragraph 13.3) a Subscriber may cancel their Subscription at any time subject to giving Mashroom 1 months’ notice in writing. In such circumstances Mashroom:
  1. reserves the right to charge the Subscriber all applicable fees incurred as specified in these Terms of Service and any reasonable expenses incurred by Mashroom (in each case as permitted under law); and
  2. shall, on expiry of the notice period, end the Subscriber’s use of the Platform and the Subscriber will lose any rights it may have to use the Platform. Mashroom will not offer any compensation to the Subscriber for any losses it might suffer as a result.
2. Cooling Off Period
  1. (Subject to paragraph 13.2(c) and paragraph 13.3) a Landlord has a right to cancel its Subscription within 14 days of the Landlord paying the Listing Fee. In this case, the Listing Fee will be returned to the Landlord but Mashroom reserves the right to charge the Landlord all relevant fees incurred as specified in these Terms of Service and any reasonable expenses incurred by Mashroom (in each case as permitted under law).
  2. (Subject to paragraph 13.2(c) and paragraph 13.3) a Prospective Tenant has a right to cancel its Subscription within 14 days of the date of Subscription. In this case Mashroom reserves the right to charge the Prospective Tenant to charge all applicable fees incurred as specified in these Terms of Service and any reasonable expenses incurred by Mashroom (in each case as permitted under law).
  3. Once the Tenancy Date has occurred, a Subscriber waives its statutory right to cancel its Subscription under paragraph 13.2(a) or paragraph 13.2(b) (as relevant) even if the 14 day cooling-off period still subsists. In this scenario, Mashroom will not refund the Listing Fee to the Landlord (if applicable) and Mashroom reserves the right to charge the Subscriber all applicable fees incurred as specified in these Terms of Service and any reasonable expenses incurred by Mashroom (in each case as permitted under law).
  4. Please note: any additional products or services purchased through the Platform may be subject to separate cooling off periods. For more information on this, please consult the terms and conditions associated with the additional products and services in question.
3. Subscriber who is a party to a Platform AST A Subscriber who is a contractual party to a Platform AST cannot cancel its Subscription to the Platform until termination of the tenancy created by the Platform AST (howsoever determined).
4. General provisions
  1. The termination of a Subscription or a Subscriber’s use of the Platform pursuant to this paragraph 13 shall not affect any of obligations the Subscriber to pay any sums due to Mashroom under these Terms of Service.
  2. Nothing in this paragraph 13 shall:
    1. affects any legal rights the Subscriber may have under the law of the country in which the Subscriber is resident; or
    2. prejudice any rights, covenants, obligations or other contractual or legal relationships created pursuant to a Platform AST or any other contract to which a Subscriber may be party.
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 Platform 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 Platform (the “Rules of Acceptable Use”).
3. When using the Platform you must not:
  1. violate any applicable law or regulation, or any order of a court;
  2. use the Platform, the Lettings Service 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, Platform, the Lettings Service or Collective Content 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 Platform by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Platform or any user of the Platform’s own equipment;
  6. use the Platform or the Lettings Service 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 the Platform, the Letting Service or Collective Content in connection with the distribution of unsolicited commercial email or advertisements of any kind;
  8. stalk or harass any other user of the Platform, the Lettings Service or Collective Content, or collect or store any personal data about any other user other than for purposes of transacting as a Subscriber;
  9. offer, as a Departing Tenant, any Rental Property that you do not have permission to rent as a residential or other property (without limiting the foregoing, you will not list a Rental Property as a Departing Tenant if you are serving in the capacity of a rental agent or listing agent for a third party);
  10. offer, as a Departing Tenant, any Rental Property that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement;
  11. register for more than one Mashroom Account or register for an Mashroom Account on behalf of an individual other than yourself;
  12. request to visit or lease at any Rental Property if you will not actually be renting at the Rental Property yourself;
  13. contact a Departing Tenant or Landlord for any purpose other than asking a question related to a booking, the Departing Tenant’s or Landlords Rental Property or Listings;
  14. contact a Prospective Tenant for any purpose other than asking a question related to a booking or such Prospective Tenant’s use of the Platform;
  15. recruit or otherwise solicit any Departing Tenant or other Subscriber to join third-party services or websites, without Mashroom’s prior written approval;
  16. impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  17. use automated scripts to collect information from or otherwise interact with the Platform;
  18. use the Platform, the Lettings Service or Collective Content to find a Departing Tenant or Prospective Tenant and then complete a leasing of a Rental Property independent of the Platform or the Lettings Services, in order to circumvent the obligation to pay any fees related to Mashroom’s provision of the Lettings Services or for any other reasons;
  19. as a Departing Tenant or Landlord, submit any Listing with false or misleading information;
  20. 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;
  21. 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;
  22. access, tamper with, or use non-public areas of the Platform, the Lettings Service, Mashroom’s computer systems, or the technical delivery systems of Mashroom’s providers;
  23. attempt to probe, scan, or test the vulnerability of any Mashroom system or network or breach any security or authentication measures;
  24. 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 the Platform, the Lettings Service or Collective Content;
  25. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform, the Lettings Service 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 the Platform;
  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. The responses described in paragraph 14.4 are not limited, and we may take any other action we reasonably deem appropriate.
6. 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.
7. Mashroom will report to the police or other relevant authority any actual or potential illegal use of the Platform, the Lettings Service or Collective Content.
8. You acknowledge that Mashroom has no obligation to monitor your access to or use of the Platform, the Lettings Service 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 the Platform (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.
Intellectual Property Rights The Platform and Collective Content are protected by copyright, trademark and other laws. You acknowledge and agree that the Platform, the Lettings Service and Mashroom Content, including all associated intellectual property rights, are the exclusive property of Mashroom and its licensors.
DISCLAIMERS
1. You acknowledge and agree that Mashroom is not a party to any lease, tenancy agreement or other agreement entered into between a Landlord and a Prospective Tenant, an Incoming Tenant or any other party (whether or not a Subscriber). Mashroom has no control over the conduct of a Landlord, a Departing Tenant or a Prospective Tenant or any other user of the Platform, the Lettings Service or any other tenant, guarantor, occupier or user of the Rental Properties (whether or not a Subscriber) and disclaims all liability in this regard to the maximum extent permitted by law. Furthermore, if a dispute arises between any of the aforementioned parties (whether or not a Subscriber), the parties agree that Mashroom will not be involved in the dispute and has no liability in relation to such disputes. You agree to accept liability for, and to reimburse us for any loss, or damage, liability or expense that we may suffer as a result of any claim or action brought against us as a result of such a dispute (except to the extent caused by our negligence or as otherwise expressly stated in these Terms of Service).
2. You acknowledge and agree that whilst Mashroom makes the Platform available to facilitate the end to end process of online residential lettings, it is not an owner or operator of Rental Properties. The Rental Properties are owned, managed, or rented out by the Landlord or third parties. Unless explicitly specified otherwise in the Platform, Mashroom’s responsibilities are limited to:
  1. facilitating the availability of the Platform; and
  2. providing the Lettings Service.
3. Mashroom has no control over the Subscriber Content contained in any Listings and the condition, legality or suitability of any Rental Property. Mashroom is not responsible for and disclaims any and all liability related to any and all Listings and Rental Properties.
4. Mashroom is not responsible for insuring any Rental Property in relation to viewings or otherwise. Mashroom recommends that Departing Tenants and Landlords have in place appropriate insurance for their Rental Property.
5. Any description of the Subscriber on the Platform is not an endorsement, certification or guarantee by Mashroom about that Subscriber, including of the Subscriber’s identity and whether the Subscriber is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Platform. We therefore recommend that you always exercise due diligence and care when deciding whether to view a Rental Property with a Departing Tenant or to accept a request or offer for a tenancy agreement from a Prospective Tenant, or to have any other interaction with any other Subscriber. We are not responsible for any damage or harm resulting from your interactions with other Subscribers.
6. If you choose to use the Platform, the Lettings Service or Collective Content, you do so at your sole risk. You acknowledge and agree that Mashroom does not have an obligation to conduct reference checks on any Subscriber but may do so at its sole discretion.
7. The Platform is provided ‘as is’, without warranty of any kind either expressed or implied. Without limiting the foregoing, Mashroom explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of the course of dealing or usage of trade. Mashroom makes no warranty that the Platform or the Lettings Service, including but not limited to, the Listings or any tenancy will meet your requirements or that the Platform will be available on an uninterrupted, secure or error-free basis. Mashroom makes no warranty regarding the quality of any Listings or the accuracy, timeliness, truthfulness, completeness or reliability of any Collective Content available through the Platform or the Lettings Service.
8. No advice or information, whether oral or written, obtained from Mashroom or through the Platform, the Lettings Service or Collective Content will create any warranty unless expressly made herein.
9. You are solely responsible for all of your communications and interactions with Subscribers or other users of the Platform or the Lettings Service and with other persons with whom you communicate or interact with as a result of your use of the Platform, the Lettings Service, including but not limited to any Departing Tenant or Prospective Tenant or Landlord. You understand that Mashroom does not make any attempt to verify the statements of users of the Platform or the Lettings Service or to review or visit any Rental Property. Mashroom makes no representations or warranties as to the conduct of users (including any Subscribers) of the Platform or Lettings Service or their compatibility with any current or future user of the Platform, Application or Lettings Service. You agree to take reasonable precautions in all communications and interactions with other users of the Platform, the Lettings Service and with other persons with whom you communicate or interact with as a result of your use of the Platform, or the Lettings Service, including but not limited to Prospective Tenants and Departing Tenants, particularly if you decide to meet offline or in person regardless of whether such meetings are organised via the Platform or by Mashroom.
10. Any references in the Platform to a Subscriber being verified or accepted (or similar language) only indicates that the Subscriber has completed a relevant verification process, and Mashroom makes no representations about, and does not confirm or endorse any Prospective Tenant or the Prospective Tenant’s purported identity, references, suitability to rent, credit status, immigration status or right to rent any Rental Property under the relevant laws.
11. By using the platform 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.
Subscriber Responsibilities
1. Departing Tenants
  1. If you are a Departing Tenant, you accept and agree that you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Rental Property at your request or invitation, excluding the Prospective Tenant (and the individuals the Prospective Tenant invites to the Rental Property, if applicable.)
  2. By using the Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Subscribers or other third parties will be limited to a claim against the particular Subscribers or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Mashroom with respect to such actions or omissions.
2. Landlords
  1. If you are a Landlord, you warrant, represent and undertake that in relation to any Rental Property:
    1. you have the right to offer the Rental Property for rent and will not breach any law, agreement or contract by doing so (this includes the terms of any mortgage, insurance, fire regulations or gas and electrical safety laws and regulations);
    2. if you require consent from any third party (such as a mortgagee or freeholder) to market or let the property, you have obtained the necessary consents;
    3. if you are required to possess a license to rent property and/or to let or manage particular types of property (including house in multiple occupation) that you will comply with all such licensing requirements at all times when using the Platform;
    4. a valid Landlord Registration Number will be included in any Listing where this is legally required;
    5. you will only post or otherwise make available photographs, video, and other information related to the rental property for which you have lawful authority;
    6. the Rental Property complies with the relevant requirements for Energy Performance Certificates (EPCs);
    7. the Rental Property and any of the contents therein that are not the Departing Tenant’s contents are appropriately insured where applicable;
    8. the Rental Property will have a valid gas safety certificate for the duration of any tenancy arranged or facilitated using the Letting Services, in accordance with the relevant legal requirements for landlords;
    9. the Rental Property will meet all other legally required safety obligations (such as electrical safety and smoke and carbon monoxide alarms);
    10. you have checked that your tenant can legally rent the Rental Property in England or in accordance of the laws of the applicable jurisdiction;
    11. the windows and doors at the Rental Property all lock properly and securely;
    12. all items (including but not limited to furniture, contents, fixtures and fittings) that you provide with and in the Rental Property are safe and in working order in compliance with the relevant laws and regulations;
    13. you are fully responsible for ensuring the Rental Property meets the legal requirements for landlords and properties under any relevant legislation, including but not limited to the requirements outlined in this section;
    14. you shall not charge any fees to tenants (or other “Relevant Persons” as defined in the TFA 2019) in contravention of the TFA 2019 (if applicable) or the laws of any jurisdiction in which the Rental Property is located or is being advertised by way of a Listing; and
    15. you shall not take and hold any holding deposit from a Prospective Tenant (and issue any instructions to Mashroom in conjunction with the same) in contravention of the TFA 2019 (if applicable) or the laws of any jurisdiction in which the Rental Property is located or is being advertised by way of a Listing;
  2. For the avoidance of doubt, Mashroom will not be liable for the Landlord’s breach of this paragraph 17.2.
3. Prospective or Incoming Tenant As a Prospective Tenant or an Incoming Tenant, you warrant, represent and undertake that in relation to the preparation of Agreed Terms for a Rental Property you shall provide the Landlord and Mashroom with the name, address and contact details of each and every co-tenant, guarantor or other party to the proposed Platform AST (whether or not such person is a Subscriber).
Apple App Store Provisions
1. This paragraph 18 applies where the App has been acquired from the Apple App Store. You acknowledge and agree that the Terms of Service is solely between you and Mashroom, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store Terms of Service.
2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and (where applicable) Apple will refund the purchase price for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by the Terms of Service and any law applicable to Mashroom as provider of the App.
3. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by the Terms of Service and any law applicable to Mashroom as provider of the software.
4. You acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Mashroom, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms of Service.
5. You represent and warrant that (i) you are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
6. You and Mashroom acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms of Service as relates to your license of the App, and that, upon your acceptance of the terms and conditions of the Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service as relates to your license of the App against you as a third-party beneficiary thereof.
Other App Marketplaces and Platforms
1. 19.1 This paragraph 19 applies where the App has been acquired from any
2. app store or distribution platform other than the Apple App Store,
3. including the Google Play Store (the “Distribution Platform”):
  1. you acknowledge that the Terms of Service are between you and Mashroom, and not with the provider of the Distribution Platform (“Store Provider”);
  2. your use of the App must comply with the Store Provider’s then-current Distribution Platform Terms of Service;
  3. the Store Provider is only a provider of the Distribution Platform where you obtained the App;
  4. Mashroom, and not the Store Provider, is solely responsible for the App;
  5. the Store Provider has no obligation or liability to you with respect to the App or the Terms of Service; and
  6. you acknowledge and agree that the Store Provider is a third-party beneficiary to the Terms of Service as it relates to the App.
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 the Platform, you must immediately stop using the Platform.
2. We may immediately end your use of the Platform if you break the Rules of Acceptable Use set out at paragraph 14, any other important rule(s), or terms and conditions we set for accessing and using the Platform including these Terms of Service.
3. We may also withdraw the Platform as long as we give you reasonable notice that we plan to do this.
4. If you or we end your use of the Platform or we withdraw the Platform as described in this section, you will lose any rights you have to use the Platform. We will not offer you compensation for any losses you might suffer as a result.
5. The termination of your use of the Platform shall not affect any of your obligations to pay any sums due to us.
6. Nothing in this paragraph 20:
  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 pursuant to a Platform AST or any other contract to which a Subscriber may be party.
Our liability/responsibility to you
1. Some of the information provided to you on the Platform may contain content owned or developed by third parties, and the networks, content and materials that you interact with through the Platform 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 the Platform 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 Platform is provided on an “as available” and “as is” basis. This means that we are unable to promise that your use of the Platform 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 Platform 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.
5. If you are a consumer Subscriber
  1. Our responsibility to you will, in any event, be limited to any amounts you have paid us in the twelve (12) months leading up to any claim and, in the event you have not paid us anything, we shall not be responsible to you for any claim arising out of the provision of the Platform.
  2. 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.
  3. 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.
6. 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.
COMPLAINTS AND Resolving disputes Disputes relating to the Platform
1. If you have a complaint or wish to raise any dispute with us relating to the Platform, 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.
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 the Platform, 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.
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 the Platform. 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.
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 the Platform. 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.
Force Majeure 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.
Entire Agreement These Terms of Service constitute the entire and exclusive understanding and agreement between Mashroom and you regarding the Platform, the Lettings Service, Collective Content and any Listings or viewings of Rental Properties made via the Platform, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between Mashroom and you regarding bookings or listings of Rental Properties, the Platform, Collective Content and the Lettings Service.
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; or
2. Save where it is expressly stated that Mashroom is acting on behalf of the Landlord in these Terms of Service nothing in these Terms of Service is intended to, or shall be deemed to, establish or constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
Assignment 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.
No Third Party Rights 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.
Severance 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.
Remedies 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.
Notices 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.
No Waiver 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.
Law 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.

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Mashroom is an appointed representative of Adelphi Insurance Brokers Ltd. Adelphi Insurance Brokers Ltd is authorised and regulated by the Financial Conduct Authority (FCA). Their Financial Services Register number is 594620, with permitted business activities being introducing, advising, arranging, dealing as agent, assisting in the administration and performance of general insurance contracts and credit broking in relation to insurance instalment facilities. You may check this on the Financial Services Register by visiting the FCA’s website, register.fca.org.uk or by contacting the FCA on 0800 111 6768

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