Terms of Service
Who We Are And How To Contact Us
This platform is operated by Becave Limited, trading as Becave (“we”, “us” and “our”).
Becave enables registered users (each a “User”) to publish rental property listings (“Listing”) and let such properties under the terms of an Assured Shorthold Tenancy Agreement (“AST”) which is separate to these Terms (please see Section 4 for Landlord-specific terms) or browse and submit applications for the tenancy of such properties under the AST (please see Section 5 for Tenant-specific terms).
Becave Limited is authorised and regulated by the Financial Conduct Authority. Our Firm Reference Number is XXXXXX. We are permitted to act as an arranger for non-investment insurance contracts.
You may check this information on the FCA’s Register by visiting www.fca.org.uk/register or by contacting them on 0800 111 6768.
Using Our Platform
These Terms of Service (“Terms”) apply when you use our platform, list properties or make a booking for a room or a property (the “Property”) via our online booking platform (“Service”). If you do not agree to these Terms, you must not use our platform.
When you register with our platform to list and let your properties, you register in your capacity as a landlord (“Landlord User”) and these Terms will apply to you on the assumption that you are not acting as a consumer when using our Service. However, to the extent that you are considered to be a consumer because, for example, you are also register as a tenant user seeking to rent a property through our platform (“Tenant User”), you may be entitled to various statutory rights and nothing in these Terms shall be construed to restrict any such rights.
In order to access and use some parts of our platform, you may need to create an account (“Account”). You must be 18 (eighteen) years of age or over to create an account, and you confirm that you are legally capable of entering into binding contracts.
Your Account is intended for your sole use. You must be a human to set up an Account and use our platform. We reserve the right to suspend or terminate your Account if you provide inaccurate, false or misleading information to us when setting up your Account.
You must keep your Account details and password private and must not disclose them to any third party. You must notify us if your password is lost, stolen, or disclosed to an unauthorised third party, or otherwise may have been compromised. We encourage you to regularly change your password to help ensure your Account’s security.
Terms Specific For Landlords
When creating a Listing via the Becave site, you must:
- provide complete and accurate information about your Property (including minimum number of Content (as defined below) of a certain size, format and resolution as we may require from time to time);
- disclose any deficiencies, restrictions (such as house rules) and any other requirements that apply; and
- provide any other information that we may reasonably require.
You are, at all times, responsible for keeping your Listing information accurate and up-to-date.
You are also solely responsible for setting the price for your Listing and you must ensure that such price includes any applicable taxes, charges and fees. Once a User requests a booking of your Listing, you must not change the price to a price that is higher than that provided in the Listing.
You may not list more than one Property per Listing (unless otherwise agreed with Becave in writing).
A service fee of 12.5% will be deducted from the total rent amount as Becave's service fee for every monthly transaction made through the platform's subscription
You must ensure that any Listing you post and the booking of, or a Tenant User’s stay at, a Property will:
- not breach any agreements you have entered into with any third parties, such as homeowners, associations, or other agreements; and
- will comply with all applicable laws, tax requirements and other rules and regulating (including all required permits, licences and registrations).
Content featured in your Listing
Whenever you upload any materials for use in connection with the Listing, such as text, pictures or videos (the “Content”), you must comply with the content standards set out in these Terms including that such Content must accurately reflect the quality and condition of your Property.
You warrant that any such Content complies with those standards and you will be liable to us and shall indemnify us for any breach of your obligations with respect to such Content. We will not be liable to any third party for any Content posted or uploaded by you or any other User.
By uploading and publishing your Content you warrant, represent and undertake that you are the creator and owner of the Content, have the right to grant us the rights contain in these Terms and that you will comply with all your obligations regarding uploading content to our Service including without limitation those set out below in Section 11. You warrant that the Content is accurate and complete in all material respects and you have (and will continue to have during your use of the Service) all necessary licences, rights consents and permissions which are required to enable us to use your Content as contemplated by these Terms.
You hereby grant us an unrestricted, irrevocable, worldwide, non-exclusive, royalty-free, perpetual licence to use, reproduce, modify, adapt, create derivative works from, publish, transmit, communicate to the public, perform and display any of your Content in connection with the provision, operation, maintenance, development, marketing and improvement of the Service and for other business needs of Becave. You accept that this means that we are able to use and exploit the Content in any manner and by any means, method or technology (whether now known or hereafter created) and for such purposes. You also irrevocably and unconditionally waive any and all moral rights in any Content.
You are solely responsible for your Content and the consequences of posting or publishing it. We do not endorse any Content or any opinion, recommendation, or advice expressed therein. You also acknowledge that we have no liability in connection with the Content and we cannot guarantee and will not be liable for any unauthorised copying, distribution or use of your Content.
We will notify you via e-mail when a Tenant User makes a request to make a booking in relation to one of your Listings. By accepting the booking request, you are entering into an AST with the Tenant User who made the booking. You are required to make available the Property as described in the applicable Listing and in compliance with the terms of the AST.
Rent cover guarantee
It is, however, your responsibility to ensure that you hold, at all times, appropriate insurance in respect of your Properties that covers User Tenant’s stay at the same.
Terms Applicable To Tenants
Subject to complying with any requirements (such as completing a verification processes) set by Becave and/or the Landlord User, you can request to book a Property by selecting your preferred Listing and following our booking process.
All applicable fees will be presented to you prior to booking a Listing and you will be notified by e-mail when your booking has been accepted by the applicable Landlord User. In order to finalise your booking, you will need to enter into an AST with the relevant Landlord User. The terms of the AST govern the relationship between you and the Landlord User in respect of the selected Property. Becave is not a party to the AST and has no liability to you in respect of any Listing or any Property that such Listing relates to. A copy of your AST will be sent to you for your records.
Once you have completed the above-mentioned steps and received a booking confirmation, please review the details of your booking to ensure that it is correct. Any errors should be communicated immediately to both Becave and the relevant Landlord User.
You acknowledge that a confirmed booking of a Property is a limited license granted to you by the Landlord User to enter, occupy and use the Property for the duration of your booking and on the terms of the AST. Please note that the Landlord User may (to the extent permitted under the AST and/or the applicable law) enter the Property. You agree to abide by the terms of the AST and leave the property at the end of your AST or such other time as mutually agreed between you and the Landlord User.
Once your booking is confirmed, a legally binging agreement is formed between you and the relevant Landlord User. The agreement may be subject to the Landlord User’s additional terms and conditions (such as the applicable cancellation policy and rules regarding the Property) as specified in the Listing.
Changes To Our Platform
We may change our platform from time to time.
We do not guarantee that our platform, or any content on it, will always be available or be uninterrupted and may discontinue all or any part of the platform at any time. If we do make major changes to, discontinue, or disable any part of this platform, we will try to give you reasonable notice.
Accuracy of Information
Becave has no obligation to monitor the platform, Service, or Content. While we try to keep our platform up to date, we can't promise or guarantee that the information on our platform is accurate, complete or current. The contents of our platform are provided for general information only and should not be relied upon or used as the only reason for making decisions without consulting more appropriate, more accurate, more complete or more timely sources of information.
Third Party Links
Our platform may include links to third-party websites, resources and materials provided by third parties (including Listings and content provided by Landlord Users). These links are provided for information only and we have no control over the contents of those websites, resources and materials. We do not approve or endorse any third party websites, resources or materials linked on our platform.
We own or license all intellectual property rights in our platform and its contents. Our platform and its contents are protected by copyright laws and we reserve all such rights. You may print or download extracts from any page of our site for your personal use, as long as you don't modify these copies. You must always acknowledge our status as owners or licensees of our platform and the content in it.
You must not use any part of our platform or its contents for commercial purposes without obtaining our prior permission. If you print, copy, or download any part of our platform in breach of these Terms, your right to use our platform will stop immediately and you must destroy any copies or downloads you made.
You agree to, at all times, use the platform, including all features and functionalities associated with it, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Becave service or content therein, and you will not:
- impersonate any other person, conduct yourself in an offensive or abusive manner, or use the platform for any unlawful purposes;
- use virtual private networks, false email addresses or any other means to mask your identity;
- attempt to access the accounts of other users or upload, share or submit content containing any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information;
- circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the platform;
- alter or modify, translate, adapt, merge, make derivative works of, decompile, disassemble, reverse compile, reverse engineer or otherwise attempt to derive the source code for any part of the platform;
- use any robot, spider, scraper or other automated means to access, harvest or ‘scrape’ any data from the platform;
- upload, share or submit content that is or may be interpreted as obscene, indecent, pornographic, sexually explicit, libellous, maliciously false, inaccurate, misleading, depicting violence (in an explicit, graphic or gratuitous manner) offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or cause annoyance, inconvenience or needless anxiety to any person or be in breach of hate speech or discrimination legislation;
- upload, share or submit any content that infringes any proprietary rights of any third party including any patent, copyright, moral right, database right, trade mark right, design right, trade secret rights in passing off, rights of privacy, publicity, confidence, or under data protection legislation or other intellectual property law;
- do or omit to do anything which would bring us, our service, our suppliers, licensors, distribution partners or other users into disrepute or in any way damage our or their reputation; or
- interfere with another user’s use and enjoyment of the platform or the content in any other manner that could damage, disable, over burden or impair the platform or the content
We may suspend, restrict or terminate your account and your access to the Service if we believe that you have breached these Terms. This does not limit our right to take any other actions against you that we consider appropriate to protect our rights.
Except as set out in Section 13 (Limitation) below, we can't promise that your use of our platform or your Account will be uninterrupted, timely, secure, or error-free.
Except as set out in Section 13 (Limitation) below, we are not responsible for:
- the accuracy or reliability of Landlord User’s Listings or any other third-party resources;
- unavoidable unavailability of our platform (except where our platform is unavailable due to our negligence); or
- your inability to use, or interruption of, our platform or your Account due to the actions of third party telecommunication services, problems related to your device or the network environment you are using to access the service, or circumstances in which we limit your use of the platform or your Account in accordance with these Terms or applicable law, regulation, or governmental policy.
Nothing in these Terms:
restricts your statutory rights as a consumer (including your rights to receive a reasonable standard of service, more details about which can be obtained from your local Trading Standards Office or Citizen's Advice Bureau); or
limits our liability for death or personal injury resulting from our negligence or for fraud.
We may temporarily suspend our platform or your Account without notice in the case of system failure, maintenance or repair. Except as set out elsewhere in these Terms, we will not be responsible to you or to any other person if all or part of the platform or your Account is unavailable, discontinued, modified or changed in any way.
We do not accept any responsibility for:
- any damage or loss caused to you where you are not entering into these Terms as a consumer; or
- any failure, suspension or any termination of access to the platform, your Account, or any content, in connection with an event beyond our reasonable control, including: strikes, lock-outs or other industrial disputes, nuclear accident, fire, flood, storm, or any other act of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any applicable law, regulation, or government order, or default of suppliers.
Our total liability to you for any loss or damage arising in connection with your use of our Services shall be limited to the value of the fees paid by you in respect of your booking.
You agree that you will compensate (in legal terms this is often referred to as indemnifying) us and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, for any claim or demand (including reasonable attorneys’ fees) made by any third party due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third-party.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by closing your Account, or when you cease using our platform.
If you breach any provision of these Terms, we may immediately: (i) suspend your Account; or (ii) terminate these Terms and your right to use our platform. If we terminate these Terms in accordance with this Section 15 (Termination), you will be responsible for paying us any amounts that you owe us up to and including the date of termination.
Other Legal Terms
If we need to provide notice to you in relation to your Listing, booking or these Terms, we will do so by e-mail to the e-mail address that you provided when setting up your Account. If you need to contact us, please refer to Section 17, below.
If any provision of these Terms is unenforceable, this will not prevent any other provisions from being enforceable.
If we do not exercise any right or enforce any provision of these Terms, this does not mean that we give up those rights or right to enforce such rights in the future.
Third party rights
These Terms are not intended to give rights to anyone except you and us.
Nothing in these Terms deprives you of your right under European law to bring a claim via the European Commission's Online Dispute Resolution mechanism (available at http://ec.europa.eu/odr).
If you are a consumer, these Terms are governed by the laws of your country of residence, and nothing will prevent any rights you have to bring a claim in your local courts. If you are a business user, these Terms are governed by and construed in accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction over any dispute arising from these Terms.
Conflicts of interest
In the ordinary course of our business, we may become aware of circumstances that either risk compromising our duty to you or another client or both. We have procedures in place to manage these circumstances which may include ceasing to act for one or more parties.
If through exceptional circumstances Becave Limited or any of its Directors or other customers has a material interest in business you ask to be transacted for you, we will make you aware of the conflict of interest and we will obtain your consent before your instructions are carried out.
A copy of our Conflicts of Interest Policy is available on request.
Treating you Fairly
We always aim to treat you fairly. This means that we will always endeavour to:
- Conduct our business with due skill, care and integrity
- Never put ourselves in a position where our primary duty to you is compromised
- Deal with any complaint sympathetically and independently of the colleague to whom the complaint is directed
- Be transparent in the matter of our remuneration
- Respect your confidentiality
How To Contact Us And Further Information
If you have any feedback, questions or complaints or any requests for technical support, please refer to our FAQ Pages or submit a request online.
We do our best to respond to all queries as soon as possible but we cannot guarantee a response time.
www.becave.co.uk is operated by Becave. We are a company registered in England and Wales (company number 12141544 and VAT number GB354355593), and our registered office and address for correspondence is: 123 Commercial Road, London, England, E1 1NL
If you wish to register a complaint please contact Andrzej Gruzdz, in writing at Becave Limited, 123 commercial road E11RD, LONDON, UK or by telephone on 07719538992. Our internal complaints procedure is available on request.
You may be entitled to refer a complaint against us to the Financial Ombudsman Service if you are not satisfied with our final response. The contact details are as follows:
The Financial Ombudsman Service, Exchange Tower, London E14 9SR
Website – http://www.financial-ombudsman.org.uk/
Tel: 0800 023 4 567
Financial Services Compensation Scheme
We are covered by the Financial Services Compensation Scheme and you may be entitled to compensation from the scheme if we cannot meet our obligations. Scheme arrangements are available from the FSCS at http://www.fscs.org.uk/.
The limits of compensation are:
- Protection is at 100% where claims:
- Arise in respect of a liability subject to compulsory insurance; or
- Arise in respect of a liability subject to professional indemnity insurance; or
- Arise from the death or incapacity of the policyholder due to injury, sickness, or infirmity;
Data Protection and Confidentiality
We treat any personal data in accordance with the Data Protection Regulations.
The information we receive from you is used to provide you with quotations and arrange insurance through our insurance provider(s)/broker(s). Arranging insurance may involve the transfer of personal information to underwriters, agents or service providers, industry regulators and our auditors and they may use this information for research, statistical analysis and crime prevention. You have the right to cancel your authority to use such information.
Full details of the use and disclosure of your information is contained within the terms and conditions of any agreement, which you should read before signing.
All customers’ records are treated as private and confidential.
If you want a copy of your records, for which there will be no charge, please send a request to Andrew Gruzdz, at Becave Limited, 123 commercial road E1 1NL, LONDON, UK