1. INTRODUCTION
These Terms and Conditions govern your use of roomRadius online platform which can be accessed at https://roomradius.com (the “platform” or “our platform”). The platform provides the registered users with a search tool for workers’ accommodation services. By accessing or using the platform upon creating your user account, you agree to be bound by these Terms and Conditions (the “Terms”). If you do not agree to the Terms, you should not use the platform.
The services at the platform are offered by:
UAB Nebo, registered under the 122674248, located at Vinco Kudirkos g. 7-13, LT-03105 Vilnius, email address roomradius@roomradius.com, operating under the name roomRadius (the “roomRadius” or “we”, also further can be referenced to “us”, “our”).
We may change or modify these Terms any time in the future at our discretion or due to changes in applicable laws. If we do that, you agree that your further access to the platform or further use of our services after such changes means your acceptance of the changed Terms. We will provide a notice on changes of the Terms to the email address which is linked with your account. If after introduction of changes you do not accept them, you may cancel your account by sending an e-mail to us using the contact e-mail address indicated in the Introduction part of these Terms above. We recommend you to always check and consult the latest Terms as published on the platform.
The term “you”, “your” or “user” when used in these Terms refers to the individual or the legal entity or the representative of the legal entity which creates the user account on the platform and uses the services.
2. SERVICES
Via the platform we offer you with an online search tool for your workers’ accommodation (the “services”) and in such aspect we perform the public information function allowing you to become aware of the possible accommodation for your workers.
We may revoke, modify the services or offer new services on the platform at any time of which you will be notified by us making certain changes to the Terms in accordance with provisions of the Introduction part of these Terms. We may suspend temporarily or cancel all of our services at our sole discretion. If we suspend the services for a period longer than 14 days or if we cancel the services totally you will be notified by e-mail using the e-mail address linked to your account.
The platform only collects information about possibly available accommodation from various online sources for the time periods you indicate in your search inquiry. Thus, we do not guarantee the accuracy, completeness or reliability of the information displayed on the platform and in your search results, including the availability of the accommodations, rent price shown in the search results. We are not aware and cannot guarantee that the landlord will not charge you any additional fees to any rental payments indicated on the platform.
We do not act as the representative, agent, etc. of you, the accommodation landlord and we do not provide any guarantees, representations whatsoever on behalf of you or the landlord. Neither representative, employee of you or any landlord/ accommodation host nor you or the landlord/ accommodation host himself is the representative of roomRadius. You in no cases enter into any accommodation rental agreement or any other agreement with us, other when for provision of the services under these Terms.
Although we send the automatic inquiry to the landlord of the accommodation which is show in your search results on the platform if you chose to send such inquiry, we inter alia do not guarantee that the landlord will answer to your inquiry or that the landlord will offer you the same price for the rent as indicated in the platform.
roomRadius is not (i) the landlord of the accommodation, buyer or the seller of the accommodation reservation; (ii) a party to the accommodation rent agreement or any other agreement; or (iii) an agent of you or the third-party in connection with purchase or sale.
You agree to use the platform and interact with a third-party (including the landlord) at your own risk and to conduct your own due diligence inter alia of the accommodation landlord, rental price, additional fees, terms and conditions, privacy policy, the accommodation rental agreement before binding yourself to pay any amount to the landlord and entering into accommodation rental agreement.
roomRadius in no cases is responsible for the acts, omissions, errors, representations, warranties, breaches or negligence of any third-party, including the landlord of the accommodation as well as for for any personal injuries, death, property damage or other damages or expenses resulting from any of your interactions with the accommodation landlords or any third party.
3. USE OF SERVICES, USER ACCOUNT
To use the services available at the platform you must create the user account. Creating of the user account is free of charge. You must provide accurate and complete information during the registration process filling in all mandatory fields of the form provided to you during registration.
You are responsible for maintaining the confidentiality of your account information and for keeping your account information up to date. You guarantee that you will safeguard your account information and will not allow to use your account by any other person. By registering the user account on the platform, you guarantee us that you are 18 years age or older.
After you provide us with all the information we request during the registration process, we will review the information provided and solely at our discretion we will confirm your user account on the platform or reject your application to create the user account. If we reject your application to create the user account, you cannot use the services offered on the platform, however you can contact us with request to review our decision to reject the application. We will do so and will inform you on our final decision. In no cases we are obligated to justify our reasons for rejecting you application to create the user account on the platform.
If you are a consumer under the laws of European Union you have a legal right to withdraw from these Terms within 14 days of the agreement between you and us being made, i.e. after these Terms become binding on you upon registration of your user account. As a consumer you can withdraw from these Terms within 14 days once they become binding on you, or terminate the agreement between us and you under these Terms at any other time, by cancelling your account (i.e. by sending an e-mail to us using the contact e-mail address indicated in the Introduction part of these Terms above) and no longer accessing or using the services.
If you are creating the user account for commercial purposes on behalf of the legal entity, you confirm to us that you are authorised to do so and have all authorisations to bind the legal entity with these Terms, in which case the words “you”, “your” or “user” in these Terms shall refer to such legal entity and also the individual acting on behalf of the legal entity.
If you violate these Terms or the services, or our or any third party rights when using the services we may suspend or cancel your access to services and/or your account. If we do so, we will inform you by e-mail which is linked with your account.
If you haven’t accessed your account for 2 years, we will cancel your account by informing you by e-mail linked to your account if during 30 days period of such notification you do not access the account.
4. PAYMENTS FOR THE SERVICES
While performing the public information function allowing you to become aware of the possible accommodation for your workers, we will provide the certain number of searches for the accommodation on the platform free of charge. Exact number of free searches for accommodation will be shown to you while performing the search of the platform.
After number of free searches for accommodation is exhausted, you must pay for further searches on the platform by acquiring the credit points which will be shown in your account. The fee in EUR (the “fee”) for the credit points will be shown on the platform. You must pay the fee using the payment method which then be available on the platform. Once we receive the fee, the credit points acquired will be shown in your user account and you may use them to cover the searches on the platform.
You are obligated to provide accurate and complete payment information for making any payment on the platform. If you provide inaccurate or incomplete information, we may not be able to process your payment or provide you with the services you request. You are forbidden to use any third-party payment information or payment information that does not belong to you.
By accepting these Terms, you agree that all the invoices will be sent to you in digital form (no paper invoices will be sent) in accordance with the procedure as stated further in this section. All the invoices for the services purchased on the platform will be made available in your account. You can view and download your invoices at any time. If at any time you chose to cancel your account you must download all the invoices you received and store them in accordance with applicable laws. If you ask us to send you the invoices by e-mail, you must send us an e-mail to our address indicated in Introduction part of these Terms indicating us your e-mail to which the invoices must be sent.
We do not process and are not involved or responsible in any payment transactions in relation to any accommodation you chose. All such payments will be charged and processed by the accommodation landlord. We will not interfere with any accommodation reservations arbitrarily at any stage or circumstances.
We do not make any refunds for the fee paid to us. If your account is cancelled and the credit points you paid are not used, such credit points will be automatically considered as fully used upon cancellation of the user account. No refunds will be made to you. This, however does not apply to the consumers who withdraw from these Terms within 14 days of the agreement between you and us being made, i.e. after these Terms become binding on you upon registration of consumer user account.
5. DISCOUNT AND BENEFITS
We may offer discounts and benefits to our users from time to time at our sole discretion. These may include promotional codes, referral bonuses or special pricing. Any discounts or benefits offered might be subject to additional terms and conditions that will be provided at the time of the offer and also might be revoked at any time we decide so at our sole discretion.
6. USER CONDUCT
You agree to use the platform in a manner that complies with all applicable laws and regulations. It is forbidden and you will not use the platform (i) to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, or obscene material; (ii) to impersonate any person or entity; (iii) to interfere with the operation of the platform or any server or network connected to the platform; (iv) to collect or store personal information about other users of the platform or any landlord; (v) to infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; (vi) for publishing any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, credit card numbers.
7. YOUR OBLIGATION TO INFORM US
If after an automatic enquiry to the landlord of the accommodation is sent, you receive an objection from such landlord or its representative regarding its data use, you must send such objection to us immediately, no later than within 24 hours, which will further be handled by our customer support. If you fail to send us such objection within the terms stated herein, you will be responsible to cover all damage we sustain in relation to it.
8. INTELLECTUAL PROPERTY
The platform and all its content, including but not limited to text, graphics, software, are protected by copyright and other intellectual property laws. It is forbidden to use any content of the platform for commercial purposes without our prior written consent.
9. PRIVACY POLICY
Any personal information we receive or which otherwise become controlled by us in connection with the services will be used in accordance with our Privacy Policy which can be accessed by clicking here. When creating the user account, you must carefully read and accept the practice of our Privacy Policy.
10. DISCLAIMER OF WARRANTIES
THE SERVICES ON THE PLATFORM AND THE PLATFORM ITSELF IS PROVIDED TO ITS USERS ON AN “AS IS” AND “AS AVAILABLE” AND “AS PROVIDED” BASIS, WITHOUT ANY WARRANTIES, EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION DISPPLAYED ON THE PLATFORM. WE MAKE NO REPRESENTATIONS OF ANY KIND ABOUT THE SUITABILITY OF THE SERVICES FOR ANY PURPOSE. ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE DISCLAIMED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ALL WARRANTIES OF ANY KIND THAT THE SERVICES, ROOMRADIUS’ SERVERS OR ANY DATA (INCLUDING EMAIL) SENT FROM ROOMRADIUS, ARE VIRUSES OR OTHER HARMFUL COMPONENTS FREE ARE EXRPRESSLY DISCLAIMED.
11. LIMITATION OF LIABILITY
IN NO EVENT WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM OR ANY SERVICES AVAILABLE ON THE PLATFORM.
WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY ACCOMODATION LANDLORDS OR THEIR REPRESENTATIVES, AFFILIATES, ETC. OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
MAXIMUM LIABILITY OF ROOMRADIUS TO YOU UNDER THESE TERMS AND ANY APPLICABLE LAWS IS UP TO (I) THE AMOUNT YOU PAID TO ROOMRADIUS FOR THE SERVICES PURCHASED ON THE PLATFORM DURING THE PAST 12 MONTHS OR (II) EUR 500 (FIVE HUNDRED EUROS) WHICHEVER IS LOWER.
AS REGARDS TO OUR LIABILITY TO THE CONSUMERS IF THE APPLICABLE LAW DOES NOT ALLOW ANY PARTICULAR LIMITATION OR EXCLUSION OF OUR LIABILITY TO THE CONSUMERS PROVIDED FOR IN THIS PART OF THE TERMS, THAT LIMITATION WILL NOT APPLY. HOWEVER, LIABILITY DISCLAIMER WILL OTHERWISE APPLY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
12. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless roomRadius and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, and costs, including reasonable attorneys’ fees, arising out of or related to your use of the Platform or your violation of these Terms.
13. LINKS TO OTHER WEBSITES
Our platform may contain links to third parties’ operated websites. We do not control such websites and are not responsible for their contents or the privacy or that such third parties’ websites are safe to visit, do not content viruses, etc.
14. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of Republic of Lithuania. Any dispute arising under or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of Lithuania. And if you are a consumer, you may be entitled to bring claims against us in the courts of your country of residence.
The user who is the consumer and who believes that roomRadius has violated his/her rights or legitimate interests related to the services must first apply in writing to roomRadius and specify his/her requests, except where such consumer directly applies to the court. The consumer must contact roomRadius no later than within 3 months from the day the consumer became aware about the violation of his/her rights or legitimate interests. We will examine such consumer’s claim free of charge and, if we do not agree with the consumer’s, we will provide the consumer with a detailed, motivated written response within 14 days after receiving the claim. If the consumer is not satisfied with our response, he/she may refer to State Consumer Rights Protection Authority of the Republic of Lithuania or other national authority within one year after the day the consumer referred to us.
15. DATE OF TERMS
These Terms are valid as of 17th of September 2024.
