Sqmeterz General Terms & Conditions of Use

Last Updated: October 31, 2020


    1. Introduction

Please read carefully the following General Terms and Condition of Use (“Terms”) before you make any use of our platform, mobile application and/or services (hereinafter referred to collectively as “Sqmeterz Platform”). These Terms regulate the use and access to the Platform sqmeterz.com and the corresponding mobile application and they contain important information regarding your rights and obligations.

If you access, register and/or, in anyway, use Sqmeterz Platform and/or provide any personal information to Sqmeterz, you will be giving your unconditional, full and express acceptance to the entire general Terms.

These Terms are a binding legal agreement between you and Sqmeterz that govern your use of the Platform, applications and other offerings from Sqmeterz Platform. When used in these Terms, “Sqmeterz,” “we,” “us,” or “our” refers to the Sqmeterz entity with whom you are contracting and “you” or “your” refers to the user of Sqmeterz Platform.

Additional, please note that when registering, accessing and/or using in any given way Sqmeterz Platform you are also agreeing to be legally bound by our Privacy Policy and our Cookies Policy, so we kindly advise you to carefully read and understand them.

IF YOU DO NOT AGREE TO ANY OF THE ABOVE, WE KINDLY ASK YOU TO IMMEDIATELY STOP USING AND/OR ACCESSING SQMETERZ PLATFORM. 

Indeed, in compliance with the provisions of electronic commerce and consumer protection we kindly provide you with the following details of the owner of Sqmeterz Platform:

We are Sqmeterz Ltd (hereinafter referred to as “Sqmeterz”)

Our registered office is at: Ocean Spirit, PH5 9th April Street, Mosta. Malta

Company registration number: C93680

Our VAT number is:  MT26699823

Our contact email is:  info@sqmeterz.com

1.1. Changes to these General Terms and Conditions of Use

Sqmeterz reserves the right to modify these Terms and Conditions of Use at any time. Any changes made to these Terms that may affect the rights of the user will be communicated on the Platform or via email. We suggest that you frequently review these Terms and Conditions of Use, so as to be aware of their scope and of any changes that have been made, as you are legally obliged by these conditions. By accessing the Sqmeterz Platform owned by Sqmeterz, following the publication of notice of such changes or updated versions, you agree to comply with the new terms. The User is aware that the access and use of the Platform and/or Contents is done under his/her sole and exclusive responsibility. Some services of the Sqmeterz Platform may be subject to specific conditions that, where appropriate, replace complete and/or modify these Terms and Conditions of Use. The provisions of the service at the request of the user, implies the express acceptance of the applicable specific terms and conditions. 

1.2 Definitions

“Sqmeterz” refers to Sqmeterz Ltd

        “Sqmeterz Platform” refers to any web pages, applications or other platforms and/or means of access, made available by Sqmeterz.

“Sqmeterz Services” refers to Sqmeterz services associated with the use of Sqmeterz Platform and the completion of Booking Requests.

“Agreement” refers to those General Terms and Conditions of Use as well as our privacy Policy and our Cookies Policy, which are together a legally binding agreement between you and Sqmeterz.

“User” refers to any person who uses the Platform owned by Sqmeterz.

“Tenant” refers to the person requesting to book a Premises via the Platform and who is not the Owner of the same Premises.

“Owner” refers to anyone who publishes a listing of premises on Sqmeterz that is available for booking by the Tenant. Owners may be either individuals or legal entities, or any other entity that is the owner or manage to enter into a Lease Agreement for the Premises on their own behalf or for a third party for a lease for medium to long-term period. Id the Owner is a legal entity, the individual making use of Sqmeterz services accepts this Terms and Conditions on behalf of the Owner and confirms that he/she holds enough legal standing to fulfill any obligations on its behalf.

“Sqmeterz Booking System” refers to the functionality offered by Sqmeterz that allows Users to formalize a Booking of Premises.

“Sqmeterz Content” refers to all material the Sqmeterz shares through its Platform and any content that is Premises of Sqmeterz or authorised by third parties found in the Sqmeterz Platform.

“Sqmeterz Service Fees” refers to the amount charged by Sqmeterz for the provision of an online services and it includes the fees that Sqmeterz charges to the “Owner”.

“Booking Acceptance” refers to the formal acceptance of a Booking Request by the Owner.

“Booking Confirmation” refers to the email sent by Sqmeterz regarding the full completion of a booking of a listing through Sqmeterz Platform.

“Booking Rejection” refers to the formal rejection of a Booking Request by the Owner.

“Booking Request” refers to a booking request sent by the Tenant to the Owner, to finalise the booking of the Premises. The Booking request contains the move-in date, length of stay, the deposit amount if applicable and the 1st month’s rent amount.

“1st Rental Payment” refers to the amount paid by the Tenant to the Owner at the Booking Request is accepted, and whose aim is to ensure the operation goes smoothly for both parties. The 1st rental payment will be retained for a maximum of ninety days before move-in date and it will be subject to the mandatory release and transfer to the Owner following such period.

“Deposit” refers to the amount that the Owner may on an optional basis request from the tenant as a guarantee in the event of any problem with non-payment or the use of the Premises.

“Lease” refers to the private rental contract entered between the Owner (acting as lessor) and by the Tenant (acting a lessee), regarding which Sqmeterz is neither part nor experts any influence or control upon.

“Listing” refers to any Premises published with the purpose of being available to rent by a Tenant using Sqmeterz Platform.

“Messages” refers to one of Sqmeterz Platform features, which allows verified users to communicate securely through the Sqmeterz Platform.

“Premises” refers to the available Premises published using Sqmeterz Platform and available for a Tenant to request a booking.

“Move-in Date” refers to the date on which the Tenants indicate, upon confirming the booking request, that they will move into the Premises.

“Move-out Date” refers to the date on which the Tenants indicate, upon confirming the booking request, that will move out of the Premises.

“Tax” refers to the Value Added Tax (VAT) and any other applicable municipal, autonomous community or state tax.

1.3. Use of the Platform and Service

The Platform is used by the Tenant to make a booking request for medium to long-term periods. Properties are published by the Owners, through the use of technology required for this purpose. Sqmeterz is not an owner, manager, or real estate agent and Sqmeterz does not possess, sell, resell, furnish, rent sublet, manage, nor does it control, the properties in any manner whatsoever. 

Sqmeterz’s responsibilities are limited to:

a) Providing the Platform and services.

b) Once the booking request has been accepted by the Owner, the 1st Month’s rent is charged by Sqmeterz to the Tenant. This payment may be transferred to the Owner after deducting the Service Fee plus Value Added Tax (VAT) subject to terms and conditions of use. Sqmeterz will not receive any additional payments after the booking request has been accepted and confirmed by the Owner. The Owner is solely responsible for collecting rent payment from the moment the booking request is confirmed and the abovementioned payment has been transferred.

1.4. How to contact Sqmeterz and how Sqmeterz may send communications to You. 

Please note that you can reach us:

Please note that our Customer Support Services are available: 9:00 to 18:00 CEST Monday to Saturday.

Additionally, You agree that Sqmeterz and/or its subcontractors may contact You or provide notices and messages to You either within the Sqmeterz Platform, or by sending them to the contact information that You provided upon registering in Sqmeterz Platform in relation to your use of the Sqmeterz Platform. In this regard, You agree to keep such contact information up to date at all times. In case of discrepancies, please note this Agreement prevails over any information contained in the communications you may have with Sqmeterz.

2. Your Obligations

2.1. Platform Eligibility and Platform Acceptable Use Policy.

(i) You expressly Agree and Warrant that:

1. You are 18 years old or older;

2. You will comply with all applicable laws, including, without limitation, privacy laws, intellectual Premises laws, anti-spam laws, tax laws, and regulatory requirements;

3. You will create only one account which will under your real name;

4. You will provide Sqmeterz only with data that is truthful, accurate and complete and You will bear the responsibility of updating the information supplied, in such a way that reflects the real situation both about You and about the premises;

5. You will not disclose whatever information that were defamatory, libelous, obscene, threatening, xenophobic, inciting violence, inciting discrimination on grounds of sex, race, ideology or religion or in any manner prejudice the morality, public order, fundamental rights, civil rights, honor, privacy or image of third parties and, in general, the applicable regulation;

6. You will not disclose data relating to your account nor You will make it available to third parties and You will be solely responsible in the vent of use of such data by third parties;

7. You will immediately inform Sqmeterz about the subtraction, disclosure or loss of your user name and/or password;

8. You have not been restricted by Sqmeterz in the past from using the Sqmeterz Platform; and

9. You will only post Content that is in accordance with Sqmeterz quality requirements, that is:

Please note that any acts or omissions contravening the above will constitute a violation of the Agreement and, therefore, such acts or omissions shall entitle Sqmeterz to suspend, ban or cancel your account and to take the appropriate legal actions.

Users are fully responsible for the access and correct use of their profile and other contents of the Platform subject to current local state and national legality, as well as principles of good faith, morality, good manners and public order. And specifically, they commit to diligently observe the present General Terms and Conditions of Use.  

(ii) You expressly Agree and Warrant that you will not:

1. Use the Platform for illegal or unauthorized purposes.

2. Host, store, divulge, publish, distribute or share any content that may imply an illegitimate interference or infringement in any form of the rights based on the honor, image and personal and family privacy of third parties and, especially, age.

3. Post on the Sqmeterz Platform or profile or that of another User any comment or information that is illegal, racist, xenophobic, obscene, pornographic, abusive, defamatory, misleading, fraudulent or otherwise contrary to public orality or order.

4. Alter or modify, copy, decompile, disassemble, do reverse engineering, grant license, lease sell or imitate, totally or partially, the Sqmeterz Platform, by passing, deactivating or manipulating any others functions or services thereof.

5. Infringe on industrial and intellectual Premises rights or the norms regulating the protection of personal information.

6. Use the Sqmeterz Platform to insult, defame, intimidate, violate the image itself or harass other users.

7. Access the email accounts of other Users.

8. Introduce computer viruses, defective files, or any other software that may cause damage or alterations of third parties without their consent.

9. Carry out publicity actions of good or services without the previous consent of Sqmeterz.

10. Impair or damage the reputation of Sqmeterz.

12. Distribute, make available or otherwise communicate publicly, transform or modify any content or benefit from it without the prior authorisation of the legitimate right holders, and;

13. Use the Sqmeterz Platform for any purposes than the rental of properties through the Sqmeterz Platform.

Those who fail to comply with such obligations will be liable for any damages or harm they may cause. Sqmeterz shall not be liable for any consequences, damages or losses that may arise from such access or use by third parties. Indeed, You agree to indemnify and hold harmless Sqmeterz and its directors officers, employees and collaborators in respect of all claims, liabilities, damages, losses and expenses which are connected with;

(i) the breach of the Agreement;

(ii) the improper use of Sqmeterz platform, and/or;

(iii) the breach of any applicable laws or regulations, specially those applicable pursuant to the location of the Premises.

Any User may report another User when he/she believes that he/she is in breach of the Agreement, and all Users may inform Sqmeterz of any abuse or violation, through the email info@sqmeterz.com . Sqmeterz shall verify the reported information as soon as possible and shall take such action as it deems appropriate, reserving the right to withdraw and/or suspend any User of the Sqmeterz Platform for breach of the Agreement. Sqmeterz also reserves the right to withdraw and/or suspend any message with illegal or offensive content, without the need for prior notice or subsequent notification.

If necessary, Sqmeterz will provide the police, security forces and bodies and/or other competent authorities with the pertinent information to understand whether the User’s activity may constitute a crime or an offence.

2.2 Registration

In order to be a User of Sqmeterz Platform, the following requirements must be met by the User:

1. Fill out the mandatory fields of the registration form, which ask for personal information such as name, surname, email and others;

2. By entering the platform, You are accepting the Terms and Conditions of use, Privacy Policy and Cookies Policy.

2.3 Booking Policy

This Booking Policy regulates the relationship between the Owner and the tenant through Sqmeterz Platform only with regards to the functioning of Sqmeterz Booking System, notwithstanding the subsequent conditions agreed upon by the parties in the private lease.

As precaution for using Sqmeterz Booking System, both the Owner as well as the Tenant represent and warrant that they:

1. are a legal age;

2. are fully capable of advertising and renting the Premises;

3. have complied and will comply with applicable national, regional and local laws and regulations, pursuant to the place in which the properties are located;

4. have read, understood and fully accept the Agreement.

Pursuant to applicable regulations on electronic commerce, we kindly provide You with the details of Sqmeterz Booking System, in particular:

1. Necessary steps in order to complete a Booking;

2. Confirmation means that will be sent to You in order to formally acknowledge that the Booking has been successful; and

Users – Owners and Tenants – must register and obtain a User Account, subject to the Agreement. Sqmeterz Platform allows Users to exchange information through the use of Sqmeterz Messages. In case a Booking Request is sent either by the Tenant, the Owner will have 72 hours to accept or decline the Booking. If, after 72 hours, Sqmeterz has not received a response, Sqmeterz will consider the Booking Request expired.

In the event that the Booking Request is accepted, Sqmeterz will confirm the details of the Booking with the Tenant the Owner via email and SMS. In addition, this information will appear in the corresponding section within the respective User Account.

If the Booking confirmation message sent by Sqmeterz contains an error or the User is for any reason not compliant with the information, the User should proceed to inform Sqmeterz for the reasons they believe there to be an error.

2.4 Rental Prices and Taxes

Users freely determine rental prices, and Owners can modify them at their convenience. Please note that once the Owner accepted the Booking Request, the Owner cannot modify the rental price. Sqmeterz does not recommend prices to its customers. Under no circumstance, the Owner my request the Tenant for intermediary fees unless allowed by applicable regulations where the premises are located and explicitly stated by the Owner in the listing description.

Sqmeterz is not in any way liable for taxes arising out of or derived from any such Leases. Therefore, Users are the sole responsible for the tax, any obligations arising from the Lease, as well as any charges or encumbrances or contractual or extracontractual liability arising in connection with the lease and the relationship established between the Users, and users expressly agree to hold Sqmeterz harmless in this regard. Indeed, Users are solely responsible for compliance with local, regional, state or national laws that are applicable in each case.

2.5 Sqmeterz Service Fees

The minimum booking period made via the Platform is for one month (30days). When a Tenant makes a booking request that has been confirmed by the owner, he/she will make a transfer to Sqmeterz for the 1st Month’s Payment via the payment methods available on the Platform.

The Sqmeterz fee is 25% of the 1st month’s rent charged to the Owner. Sqmeterz will only transfer the 1st Month’s Payment, minus the Service Fee and Value Added Tax (VAT), to the Owner 48 hours after Move-in Date (that which is indicated on the booking confirmation).

2.6 Owner and Tenant Responsibilities

After the Owner accepts the Booking Request and Sqmeterz has sent the Booking Confirmation to both the Tenant and the Owner, including the contact information of both parties, it is the responsibility of the Owner to provide any additional instruction to the Tenant about his move into the Premises for which purposes Sqmeterz Customer Support team may contact the Owner.

The Owner guaranteed that the Premises booked by the Tenant are in reasonable conditions with regard to its livability and, in particular, the Owner guarantees that the characteristics of the Premises and terms related to the price of the Lease are in accordance to those that were published in the Listing of the Premises, as well as that no additional cost or charges are applicable in detriment of the Tenant. The Owner also guaranteed that the Premises count with an occupancy certificate (or any additional necessary documentation or certificate ex. energy performance certificate) issues by the corresponding competent authorities, in accordance with the applicable regulations. In addition, the Owner guarantees that any applicable ground rules or code of conduct to which the Tenant is required to adhere to are explicitly stated in the Listing and they brought in due course to the Tenants attention before the Move-in Date.

2.7 Payments

If You use the Sqmeterz Platform, You agree to pay Sqmeterz the applicable Service Fee and Taxes or expenses that You might be obliged to pay according to the applicable regulations. Please note that any failure to pay any of the above Sqmeterz Fees will constitute a breach of the Agreement and it will entitle Sqmeterz to take the appropriate legal actions.

Payment processing services for Sqmeterz are provided by Stripe Technology Europe, Limited 9Strip) and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By using the Sqmeterz Platform or Sqmeterz Services, You agree that; Payments between the Tenant and the Owner are processed through Stripe as a payment service provider.

As a condition for Stripe to be able to process the payments mentioned above, You agree to provide Sqmeterz accurate and complete information about You and your business, and You authorised Sqmeterz to share it and transaction information related to your use of the payment processing services provided by Stripe.

Sqmeterz shall not be liable for any damage or loss attributable to Stripe.

2.8 Damages

In the event that the Tenant deliberately causes damages to the Premises during their stay and the repair costs exceeds the Deposit privately agreed between Owner and Tenant, Sqmeterz may provide coverage up to the value of 250€ at the company’s discretion if the following requirements are met:

The Lister must contact Sqmeterz customer support within 48 hours from the date the damage was caused, accompanied with the following supporting documentation:

Sqmeterz customer support will then open a ticket regarding your case for investigation and Sqmeterz will contact the Tenant for further verification. Additionally, within seven calendar days after notifying Sqmeterz customer support, the Owner must send the receipts corresponding to the repairs undertaken.

Sqmeterz customer support reserves the right to contact any relevant party to verify the information submitted by both the Owner and the Tenant.

The guarantee will only cover the damage area or object and not the labour costs, transportation or taxes (VAT) and please note that the following items will be excluded from the guarantee:

Additionally, Sqmeterz guarantees will not cover damages due to normal wear and tear.


3. Your Rights

3.1 License to Sqmeterz regarding your content

As between You and Sqmeterz, You own the content and information that You submit or post, and You are granting Sqmeterz a worldwide non-exclusive royalty free license to use, copy, modify, reproduce, distribute, publish, translate and process, information and content that You provide through Sqmeterz Platform, without any further notice and/or compensation to You or others, as well as the right to use the name, image and profile provided by the User in relation to that content.

Therefore, You agree to only provide content or information that does not violate the law or anyone’s right (including intellectual property rights). You will be solely responsible for the content and information you provide and You will hold Sqmeterz harmless from any claim regarding such content or information.

 You represent and warrant that you are the owner of all the rights on the content you will post, and warrant that i) such information is accurate and truthful, and that ii) the use of such information and content does not represent any breach of Sqmeterz Policies.

3.2 Service Availability

We may change or discontinue any of our Services. There, Sqmeterz does not warrant to store or keep showing any information and content that You may have posted.

You agree that we have no obligation to store, maintain or provide You a copy of any content or information that You or others provide, except to the extent required by applicable laws and as indicated in our Privacy Policy.

3.3 Limits

Sqmeterz reserves the right to restrict, suspend, or terminate your account in its sole discretion for any reason, including if Sqmeterz believes that You may be in breach of the Agreement or any applicable national, regional or local law or regulation. We will notify you with the reason for termination or suspension unless we reasonably believe that to do so: a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for Sqmeterz or our affiliates entities; b) would compromise an investigation or the integrity or operation of the Service; or c) would cause harm to any user, other third party, Sqmeterz or our affiliates entities.

3.4 Intellectual Property Rights

Sqmeterz is the sole holder of all intellectual property rights related to its services, such as: its source code, modules, packages, operating structure, business model, algorithms and all information related to the use, operation and other data and documentation. We assure you that we are the owners of the technology and tools authorized to perform our services, when we are not, we have the proper authorizations for the use of the tools.

No item in this Term is considered a transfer or assignment of intellectual property rights, the User is only allowed to use Sqmeterz’s intellectual property as long as these Terms are complied with and observed.


4. Disclaimer of Warranties 


We provide the Sqmeterz Platform and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any User, Service, Listing or third party, ii) we do not warrant the performance or non-interruption of the Airbnb Platform; and iii) we do not warrant that verification, identity or background checks conducted on the Listings or Users will identify past misconduct or prevent future misconduct. Any reference to a User or Listing being “verified” indicate only that the User or Listing or Sqmeterz has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have a statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.


5. Limitations on Liability


The Owner and the Tenant acknowledged that in no case Sqmeterz will be held liable for any breach by them of the applicable regulation and/or the terms and conditions enclosed and/or in relation to the tenancy of which Sqmeterz is not party to, unless explicitly stated herein.

The Owner and the Tenant acknowledges that it is their responsibility to know, at any time, any legal obligations applicable to them, In the even of any conflict between these Terms & Conditions and the Local laws, the Law shall prevail.


6. Termination

You may terminate the Agreement at any time without notice to Sqmeterz. On termination, You lose the right to access or use Sqmeterz Platform. However, any outstanding obligations and amounts owed by you or Sqmeterz prior to termination shall survive termination.


7. General Terms

7.1 Severance

If any provision of the Agreement (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of the Agreement shall not be affected. 

Additionally, if any provision of the Agreement (or part of any provision) is or becomes illegal, invalid or unenforceable but would be legal, valid and enforceable if some part of it was deleted or modified, the provision or part provision in question shall apply with such deletions or modifications as may be necessary to make the provision legal, valid and enforceable.

7.2 Entire agreement

You and Sqmeterz agree that the Agreement constitutes the entire agreement between You and Sqmeterz and supersedes all previous agreement, understandings and arrangements between You and Sqmeterz regarding the subject matter herein, whether in writing or oral.

Each party acknowledges that it has not entered into the Agreement in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in the Agreement. You shall have no claim for innocent or negligent misrepresentation on the basis of any statement in the Agreement.

Nothing in the Agreement purports to limit or exclude any liability of Sqmeterz for fraud.

7.3 No Waiver

No failure, delay or omission by Sqmeterz in exercising any right, power or remedy provided by law or under the Agreement shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right, power or remedy. Therefore, a waiver of any term, provision, condition or breach of the Agreement shall only be effective if given in writing and signed, and only to be applicable in the instance and for the purpose for which it is given

7.4 No assignment

The User may not assign any rights or obligations under the Agreement. However, Sqmeterz may assign, subcontract or encumber any right or obligation under the Agreement, in whole or in part, without the User’s prior consent. Indeed, Sqmeterz may perform any of its obligations and exercise any of its rights granted under the Agreement through any affiliate.

The Agreement does not create any third-party beneficiary rights and, therefore, no third party to the Agreement has the right to enforce any of its terms. 

 

7.5 Legal Notices

Notices to You may be given and are deemed received by means of the email address provided during Your registration to Sqmeterz Platform.