Terms and Conditions

TERMS AND CONDITIONS

These terms and conditions (the "Terms") constitute a legally binding contract between you, the “User” and Us. The Terms govern your use of the Company Site and associated App and services and your legal relationship with our Company. By accessing or using the Site and/or any content, materials or services made available through it you are agreeing to be legally bound by these Terms.

Please read these Terms carefully. They tell you who we are, how we will provide our services to you, how you and We may bring the contract to an end, what to do if there is a problem and other important information. If you do not agree to our Terms please do not register on our Site.

We reserve the right to make changes to these Terms from time to time at our sole discretion. Your use of the Site will be subject to the most recent version of the Terms posted on the Site at the time of such use. Although we recommend that you read through the Terms available on the Site from time to time, so that you can be sure that you are aware of the latest version, we will give you reasonable prior notice if we intend to make any changes to these Terms that may be materially to your detriment before such changes take effect.

  • Information About Us and How to Contact us
  • We are Probbe Limited (“We”, “Us”, Our, the “Company”) a company registered in England and Wales with company number 10636767. You are visiting our website www.probbe.co.uk and or www.probbe.com (the “Site”) and utilising our services and associated app. If you would like to contact us please email our customer service team at support@probbe.co.uk

  • Registration and Payment
  • 2.1 You are free to browse student properties on our Site. You do not need to register as a member of the Site in order to do this, but you may not be able to access all of the features of the Site unless you register with us and create an account on the Site. For example if you find a property that you like, you may wish to go on and request a viewing then if you like the property request a booking. To do so We charge a one off service fee which represents 1% - 3% of the deposit you would put down with the landlord or letting agent if you decided to take the property on. Payment is held pending confirmation from the landlord or letting agent. What this means is that if you successfully decide to go ahead and place the deposit and the landlord or letting agent confirms this, your card will be charged via the method listed at clause 2.6. If the landlord or letting agent declines your request to view the property the monies are held pending your successful confirmation of a deposit on an alternative property.

    2.2 Landlords and letting agents will need to register with Us in order to post any properties or adverts on the Site. You can register by clicking on "Sign Up" on our homepage and submitting the information required. You’ll need to provide a valid email address and a password, which you will be required to submit each time you log into the Site. You may also be required to submit some additional personal information about yourself as part of the registration process.

    2.3 To register on our Site you must be at least 18 years old. By registering with Us you are representing and warranting to us that: (i) you are over 18 years old; (ii) you have not previously been banned from the Site; and (iii) you do not already have an account registered with us. We do not allow multiple accounts on our Site.

    2.4 All information submitted by You via our Site is accurate and allows us to accurately search student properties that match your criteria.

    2.5 Your account belongs to You and will not be shared with others. With this in mind you agree to keep your password secure. You will be responsible and liable for any actions of any person logging into the Site using your username and password (including, without limitation, any adverts posted on the Site via your account). Within your account you can view login history and set alerts enabling you to monitor unauthorised access to your account. So you should change your password immediately if you suspect that anyone else knows your password or that anyone has accessed your account without your permission.

    2.6 We reserve the right at any time for any reason to refuse you access to our Site and we can refuse to accept a registration from any person.

    2.7 When you choose to view a property there is an option to book a viewing with the landlord or letting agent. Once you click this option all deliberations will be transferred to the landlord or letting agent and they will make the appropriate arrangements with you to view the property. This is subject to our disclaimer at clause 5.2.

    2.8 We take payments via our merchant provider Stripe whose legal terms and conditions can be found by clicking on the following links http://stripe.com/gb/connect/legal and https://stripe.com/gb/connect-account/legal Please be aware that you are bound by these third party terms and conditions in addition to our own.

  • Terms Applying to Property providers (Landlords / Letting agents) Only - Posting and responding to adverts on the Site
    This section of the Terms only applies to landlords and letting agents
  • 3.1 Landlords and letting agents need to register an account with us in order to post a property on our Site. By posting a property advert to our Site you are warranting to us that:

    • all the information you include in your property description is truthful and, to the best of your knowledge and belief, accurate and not in any way misleading;
    • any photos or other media imaging you include in your advert will be current and accurate representations of the property you are advertising.

    3.2 You are responsible for the content of any property adverts you post to the Site, including any errors, omissions or inaccuracies contained in such adverts. We accept no liability to you or any other person for the content of any property adverts posted on our Site. We advise you to check the content of your advert immediately after posting it to the Site to ensure you are happy with it. To remove or edit any property advert please do so on your account where you yourself have full control, when you sign up you will be exposed to your dashboard where you are completely able to alter your property advert.

    3.2 We can remove any property adverts at any time if we believe them to be in contravention of these Terms. Similarly we will do the same if we receive any complaints about any property adverts whilst we look into the matter. We can terminate any account if we deem it misleading or inappropriate at our absolute discretion.

    3.3 We can remove any property adverts at any time if we believe them to be in contravention of these Terms. Similarly we will do the same if we receive any complaints about any property adverts whilst we look into the matter. We can terminate any account if we deem it misleading or inappropriate at our absolute discretion.

    3.4 The Company acts as an intermediary only and all deposits, lodger packs, tenancy agreements and the like are the sole responsibility of the landlord or letting agent. We cannot be held responsible for any failure or deficiency in such agreements and any reliance students place on them is entirely at your own risk.

    3.5 In these Terms:

    3.5.1 "Intellectual Property Rights" means patents, rights in inventions, trademarks and service marks, domain names, registered designs and design rights, copyright (including rights in computer software and databases), database rights, moral rights and any rights of privacy or confidentiality (in each case whether registered or unregistered and for the full period of protection including any extensions, revivals and renewals) and including any applications for the same and the right to apply for any of the foregoing anywhere in the world, and all similar or analogous rights anywhere in the world; and

    3.5.2 "User Generated Content" means any information, text, image, photo, audio, video, works of authorship or other content or materials of any kind which are uploaded, posted, published, displayed, transmitted, shared or otherwise made available by you on the Site, including any advert or any such content or materials included in any advert.

    3.5.3 The Site includes functionality that enables you to submit or upload User Generated Content directly to the Site, including, without limitation, by posting adverts on the Site. By posting any User Generated Content to the Site you are representing and warranting (which is a legal promise) to us that you have not posted or submitted any User Generated Content to the Site:

    • which is confidential, defamatory, offensive, infringing, obscene, sexually explicit, indecent, discriminatory or otherwise unlawful or objectionable;
    • that you do not own or for which you do not have the permission of the owner or any other relevant person who may have rights in or connected to such User Generated Content, including any individuals who appear in any photos or other images that you upload to the Site;
    • if submitting it to the Site would be a breach of the Data Protection Act 1998 or any other applicable data protection or privacy legislation; or
    • if submitting it to the Site would infringe the Intellectual Property Rights of another person.

    3.6 The Company is committed to equal opportunities. You agree that you will not advertise on the Site in such a way as to discriminate against any particular nationality, racial, ethnic, or religious group, sexual orientation, age, gender or disability.

    3.7 You must, by law, ensure that all adverts you post to the Site contain full details of any fees associated with entering into the relevant lodging or tenancy arrangement, including any agency fees that may apply.

    3.8 You acknowledge that it is your responsibility to ensure that your adverts comply with all applicable laws, including any laws in relation to discrimination and transparency of pricing.

    3.9 You acknowledge that any User Generated Content that you post to the Site may may be seen by other users of the Site.

    3.10 You are responsible for your relationship with other members of the Site. However, we reserve the right, but are not obliged, to monitor disputes between you and other members.

    3.10 You are responsible for your relationship with other members of the Site. However, we reserve the right, but are not obliged, to monitor disputes between you and other members.

    3.11 You agree that you shall indemnify and compensate us for any loss, liability, claim, damage or expense (including reasonable legal fees and court fees) suffered by us as a result of:

    • any breach by you of the warranties and representations in this section
    • and

    • any third party claim against us in connection with any adverts posted to to the Site under your account.

    3.12 The Company will take a 6% service fee, which calculates as a percentage of the deposit every time a student makes a payment on a property payable by landlords and letting agents.

  • Intellectual Property
  • 4.1 We do not claim any ownership of any Intellectual Property Rights in the User Generated Content that you post to the Site. After posting any User Generated Content you retain all rights of ownership in it and you may use the User Generated Content in any way you choose (provided it does not breach these Terms).

    4.2 By submitting any User Generated Content to the Site you automatically grant us the indefinite right to reproduce, display, modify, manage, distribute and store such User Generated Content as part of the Site or as part of any materials used to promote or advertise the Site anywhere in the world.

    4.3 We will not be under any obligation whatsoever to pay you for any of the User Generated Content you upload to the Site.

    4.4 Save in respect of the User Generated Content, all Intellectual Property Rights in and to the Site and all content and materials contained on the Site are owned by and shall remain owned by us, the Company.

  • Disclaimers
  • 5.1 To the fullest extent permitted by applicable law and, except as expressly provided in these Terms, the Site and all content, products and services provided through it are provided on an "as is" basis. We do not make any representation or warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise), in relation to the Site or any content, products and services provided through it including, without limitation, any warranties in relation to fitness for a particular purpose or in relation to the quality, completeness, accuracy or reliability of the Site and all content and services provided through it.

    5.2 Without limiting the generality of the foregoing you acknowledge and agree that any rooms, flats, houses, properties or tenancy arrangements are provided by third party landlords and letting agents and not by us. We have no control over, nor accept any responsibility or liability for, any such arrangements or issues you may encounter with them. This includes all prior arrangements made with them to view the property.

    5.3 The Company does not inspect any of the properties or rooms that feature in adverts on our Site. We strongly advise you to inspect properties thoroughly before you make any binding commitments in respect of any properties or rooms listed on our Site.

    5.4 The information made available on the Site, whether posted by us or by any other users, is provided for information purposes only. We cannot guarantee that any adverts or other information provided on the Site will be correct, accurate, up to date or meet your needs or requirements. The information provided on the Site is not intended to be professional or legal advice of any kind and should not be relied on as such. Any reliance you place on any materials or information made available on the Site is entirely at your own risk.

  • Limitation of liability
  • 6.1 Nothing in these Terms limits or excludes our liability for: (a) death or personal injury caused by negligence; (b) any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us; or (c) any other liability which may not be limited or excluded by applicable law.

    6.2 You agree that we shall not be liable for: (a) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind; or (b) any direct or indirect loss of profit, anticipated savings, opportunity or business and loss, corruption or damage to data, in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with: (i) any use of this Site or the services provided through it; (ii) any failure or delay in the use of any component of the Site or any service including, without limitation, any unavailability of the Site or the services provided through it irrespective of the duration of any period of unavailability; (iii) any use of or reliance upon any adverts, information, material, or other products or services offered through the Site, in all cases even if we have been forewarned of the possibility of such loss or damage; and (iv) any tenancy or lodging arrangements of any kind that you enter into as a result of using our Site.

  • Termination
  • 7.1 We may remove the Site and or App and cease the provision of any of the services made available through it, or terminate your membership of the Site, at any time in our sole discretion for any reason whatsoever.

  • Other Important Terms
  • 8.1 We may transfer our rights and obligations under these terms to another organisation.

    8.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms.

    8.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms 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.

    8.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

    8.5 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

PLEASE READ OUR PRIVACY POLICY CAREFULLY

Probbe Limited ("We") are committed to protecting and respecting your privacy.

This policy (together with our Terms and Conditions of Service, Website Disclaimer and Cookies Policy) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting our Site and using any of our services you are accepting and consenting to the practices described in this policy.

For the purpose of the Data Protection Act 1998 (the Act), the data controller is Probbe Limited.

INFORMATION WE MAY COLLECT FROM YOU

We may collect and process the following data about you in operating the website and performing any of our services:

  • Information you give us.You may give us information about you by filling in forms on our Site or by corresponding with us by e-mail. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, personal description and photograph.
  • Information we collect about you.With regard to each of your visits to our site we may automatically collect the following information:
  • technical information, including the Internet protocol (IP) address used to connect your computer to the internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
  • information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
  • Information we receive from other sources.We may receive information about you if you use any of the other websites we operate or the other services we provide. In this case we will have informed you when we collected that data that it may be shared internally and combined with data collected on this site. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.
  • We use third-party analytics services (such as Google Analytics) to evaluate your use of the website, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to our website and internet usage. These third parties use cookies and other technologies to help analyse and provide us the data. By accessing and using the website, you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy.

USES MADE OF THE INFORMATION

We use information held about you in the following ways:

  • Information you give to us..We will use this information:
  • to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
  • to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
  • to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e- mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data;
  • to notify you about changes to our service;
  • to ensure that content from our site is presented in the most effective manner for you and for your computer.
  • Information we collect about you.We will use this information:
  • to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
  • to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
  • to allow you to participate in interactive features of our service, when you choose to do so;
  • as part of our efforts to keep our site safe and secure;
  • to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
  • to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
  • Information we receive from other sources.We may combine this information with information you give to us and information we collect about you. We may us this information and the combined information for the purposes set out above (depending on the types of information we receive).

DISCLOSURE OF YOUR INFORMATION

We may share your information with selected third parties including:

  • Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you.
  • Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others.
  • Analytics and search engine providers that assist us in the improvement and optimisation of our site.

We may disclose your personal information to third parties:

  • In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
  • If Probbe Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
  • If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms and Conditions and any other agreements; or to protect the rights, property, or safety of Probbe Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

WHERE WE STORE YOUR PERSONAL DATA

Probbe Limited will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

YOUR RIGHTS

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at support@probbe.co.uk

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

ACCESS TO INFORMATION

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

CHANGES TO OUR PRIVACY POLICY

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.

CONTACT

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to support@probbe.co.uk

PLEASE READ THIS WEBSITE DISCLAIMER CAREFULLY BEFORE USING THIS SITE

WHAT'S IN THESE TERMS?

These terms tell you the rules for using our website www.probbe.co.uk and www.probbe.com (our site). They should be read in conjunction with our Privacy Policy which can be found here [INSERT LINK] and our Cookies Policy which can be found here [INSERT LINK]

BY USING OUR SITE YOU ACCEPT THESE TERMS

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

These terms of use refer to the following additional terms, which also apply to your use of our site:

  • Our Privacy Policy [INSERT AS LINK TO SITE'S PRIVACY POLICY], which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Cookies Policy [INSERT AS LINK TO SITE’S COOKIE POLICY] which sets out the terms on which we use cookies.
  • Our Terms and Conditions [INSERT AS LINK TO TERMS AND CONDITIONS] will apply to our services.