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.
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 firstname.lastname@example.org
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.
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:
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:
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:
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.
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.
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.
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.
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.
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.
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.
We may collect and process the following data about you in operating the website and performing any of our services:
We use information held about you in the following ways:
We may share your information with selected third parties including:
We may disclose your personal information to third parties:
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.
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 email@example.com
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.
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.
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.