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OMAH – TERMS OF USE

General Provisions

  1. Our agreement

    1. Our website together with the services Omah provides make up our service. In using the service, you accept these terms of use and agree to be bound by them. If you do not agree to these terms of use, you must not use the service.
    2. These terms of use (together with our <>) set out the terms on which you may make use of the service. These terms of use (as amended from time to time) also set out how we will provide the service until such time as either you or we terminate this agreement.

  2. About Omah

    1. Omah Technology Limited (Omah, we or us) is a company registered in England and Wales (company number 13718000) whose registered office is at 128 City Road, London, United Kingdom, EC1V 2NX.
    2. If you wish to contact us for any reason, you should contact us through the website or write to us at support@omah.io.
    3. If we need to contact you, we will email you. All our communications with you will be in English.

  3. What we do

    1. Omah helps you find, buy, and manage holiday rental or short term rental properties by offering technology and business services. Our website is free to register and access. If you use our services to select a property and make an offer, the additional terms of the services agreement will apply.
    2. On a non-exclusive basis, we will:
      1. help you locate rental property that meets your criteria, whether or not constructed at the time of introduction;
      2. provide proprietary technology, market intelligence tools, and access to real estate experts to identify rental real estate properties which meet your search criteria;
      3. arrange showings and conduct inspections via third party agents;
      4. tools to help you negotiate the terms and conditions of the contract;
      5. provide assistance in finding the right professionals required to complete your transaction.
    3. We do not provide tax, legal, financial, accounting, surveying, valuation, or other specialist advice. The costs of obtaining such advice will be your responsibility. We do not act as a mortgage broker.
    4. Omah may consolidate information from publicly available sources to provide you support with various options around tax, legal, financing, etc. and link you to respective partners, but none of that should be construed as advice. It is your responsibility to take independent advice on any action.
    5. We provide calculator tools on our website to enable you to evaluate your property investment. Default or suggested values as well as the calculators are for guidance only and do not constitute advice. It is your responsibility to take independent advice on any investment case that you create using our tools.
    6. We may add, amend, suspend or remove services from time to time.

  4. Eligibility

    1. To use the service, you must be an individual and at least 18 years old.
    2. To register to use the service you must provide us with:
      1. your full name;
      2. your email and/or phone number.
    3. When you register for the service, we may also require you to provide us with additional information such as your date of birth, your annual income, your current residential address and your property search preferences.
    4. By registering to our website, you authorise us to search for properties on the market on your behalf and provide you with property recommendations along with all available information on the property in the public domain as well as on other consumer websites and portals.
    5. We and our partners may carry out checks on your identity to satisfy anti-money laundering legislation, fraud checks, and other applicable legal requirements. We may also carry out other relevant checks with third parties as described in our <>, such as credit checks. Your right to use the service may be restricted until you have satisfied our customer due diligence checks. Further checks may be needed where we think the circumstances require it or to comply with our ongoing responsibilities in relation to customer due diligence and we will tell you about any additional requirements.
    6. You must inform us promptly of any changes to your personal information.
    7. We reserve the right to refuse access to the service, entirely at our discretion.

  5. Account security

    1. You are responsible for maintaining the security of your account and the secrecy of your password. If you know or suspect that anyone else knows or has obtained your password and/or has accessed your account, you must immediately notify us and change your password.
    2. If you intentionally or negligently share your Omah credentials or enable a third party to use your Omah account, whether fraudulently or not, you are liable for any losses incurred in respect of an unauthorised transaction.

  6. Fees

    1. There are no charges to use our website or to register for our services with Omah, but Omah will charge fees if we help you find a property, refurbish a property, ​or manage a property for you. A minimum fee may be payable even if we connect you to the seller, seller agent or an open market buyer agent in regard to a specific property and you end up making an offer as well as exchanging contracts on the same. The fees will be set out in the services agreement.

  7. If things go wrong

    1. We endeavour to provide a first-class service to our users but if we fail to meet your expectations you should contact us by email at support@omah.io. You may request a copy of our complaints-handling procedure at any time.

  8. Availability

    1. We do not guarantee the availability of the service and we reserve the right to vary, suspend, withdraw or discontinue the service, or your access to it, at any time without notice to you.
    2. We may, from time to time, need or decide to perform maintenance, upgrades or emergency repairs, which may affect the availability of the service.

  9. Accuracy of information

    1. We will endeavour to ensure that all the information provided to you is fair, clear, and not misleading. However, we are not responsible for the accuracy of information obtained from or provided by third parties, property sellers or their agents. We will act reasonably to highlight things we are aware are inaccurate, but we will not independently verify information provided to us unless you specifically ask us to do so and we agree in writing.
    2. Where we provide calculator tools on our website, we give no representation or guarantee as to the expected income, yield, cost of ownership, or any other output. These calculators are built to give you a close approximation and not the exact output. Default or suggested values are for guidance only and do not constitute advice.

  10. Our liability

    1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms of use, we are responsible for the loss or damage you suffer if it is a foreseeable result of our breach or a failure to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
    2. We are not responsible for consequential loss. This includes liability for:
      1. any defect in title, or the
      2. costs, fees, interest charges or penalties incurred by you in respect of any mortgage or mortgage offer.
    3. We are not liable for business losses. If you use the service for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    4. Limitations to the website and the service. Although we make reasonable efforts to update the information provided by the website and the service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
    5. Check that the website and the service are suitable for you. The website and the service have not been developed to meet your individual requirements. Please check that the facilities and functions of the website and the service meet your requirements.
    6. We are not responsible for events outside our control. If our provision of the service or support for the website or the service is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us.
    7. We are not responsible for the fraud or dishonesty of others. We will have no liability for loss or damage caused by the dishonest, deliberate or reckless misstatement, concealment or other conduct on the part of any other person.
    8. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for fraud or fraudulent misrepresentation.

  11. Our intellectual property

    1. Omah hereby grants you a non-exclusive, non-transferable, revocable license to use the website. All other rights in the website are reserved by Omah and its licensors.
    2. We reserve all rights in the name "Omah", the Omah.io domain name and all related domains and sub-domains, our logo and our service marks, brand names, trading names and/or trademarks appearing anywhere on the service.
    3. Other trademarks, products and company or brand names mentioned on the service may be the trademarks of their respective owners or licensors and all rights in such trademarks are reserved to their respective owners or licensors.
    4. Nothing in these terms of use should be construed as granting any license or right to use any of the trademarks or domain names referred to in this paragraph.

  12. Fair use

    1. You must not send harmful, obscene, or explicit content or messages to any other member.
    2. You must not:
      1. access without authority, interfere with, damage or disrupt (or attempt to do any of the same) any part of the service, including the account of any other user, or its security measures, any servers, other equipment or networks connected to the service or on which it is stored or any software used in the provision of the service;
      2. inject content or code or otherwise alter or interfere with the way any page of the service is rendered or displayed in a user’s browser or device;
      3. access the service via a means not authorised by Omah, including, but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers;
      4. use the service for any illegal, fraudulent or unauthorised purpose;
      5. change, modify, adapt or alter the service or change, modify, adapt or alter another website so as to inaccurately imply an association with the service or with Omah.
    3. If you wish to change the nominated account details, you can do so follow the instructions in the website.

  13. Closing your account

    1. You can give us notice to close your account at any time. The terms of the services agreement and any service details will still apply for a period of six months following your account closure.

  14. Termination and suspension

    1. We may suspend the service at any time by contacting you if you have broken these terms of use in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so. We will give you at least two months’ notice if we intend to end your rights to use the service.
    2. If we end your rights to use the service you must stop all activities authorised by these terms, including your use of the website and the service.

  15. Changes to these terms of use

    1. We may need to change these terms of use to reflect changes in law, regulation or best practice or to deal with additional features which we introduce.
    2. Unless required by law or regulation or to make non-material corrections (in which case we may make changes immediately), we will give you reasonable advance notice through the service.
    3. Your use of the service after the effective date of new terms of use (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the new terms of use. If you do not accept the proposed changes you may close your account.

  16. Update to the website and changes to the service

    1. From time to time, we may automatically update the website and change the service to improve performance, enhance functionality, reflect changes to the operating system or improve system security.
    2. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the website and the service.
    3. The website will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.

  17. Linking to our website

    1. You may link to any page of our website, provided that you do so in a way that is legal and that does not damage or take advantage of our reputation nor seeks to do so.
    2. You must not suggest any form of association, approval or endorsement on our part where none exists.
    3. You must not remove, obscure or modify any advertisements, copyright notice or other information on our website. Our website must not be framed on any other website.
    4. The website in which you are linking must comply in all respects with the content standards set out in these terms of use and we reserve the right to withdraw linking permission without notice.

  18. Third party links and services

    1. Your browsing and interaction on any other website or your use of other services, including websites and services which have a link to the service, is subject to the rules and policies of the relevant website or service. Please read the rules and policies applicable to that website or service before proceeding.
    2. The service, or communications from it or comments within it, may include links to third-party websites, applications or features ("Third Party services"). These links are provided for your information only.
    3. Omah does not control, maintain or endorse Third Party services and you acknowledge and agree that your use of them is at your own risk. We assume no responsibility for the content or operation of Third Party services and we will not be liable for any loss or damage that may arise from your use of them (or such content).

  19. General

    1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
    2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
    3. No rights for third parties. This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
    4. 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.
    5. 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.
    6. Which laws apply to this contract and where you may bring legal proceedings. These terms of use are governed by English law and you can bring legal proceedings in respect of the service in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the service in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the service in either the Northern Irish or the English courts.
      7. LAST UPDATED: 23 May 2022

    20. Services agreement

  20. Appointment

    1. You agree to appoint Omah as your agent in respect of any property listed on the Omah platform. For any property you wish to make an offer for, we will provide you with service details setting out the services we will provide for your and our fees for doing so.

  21. Your obligations

    1. You are not bound to progress with the purchase of any property you discovered via our platform. However, to enable us to progress, pass on information to relevant third party consultants, and conclude your transaction as efficiently as possible, we need you to:
      1. enter clear instructions;
      2. accurately share all facts relevant to your transaction as Omah and its third party consultants will rely upon information and facts you provide to us;
      3. keep us informed of all developments relating to the matter;
      4. let us know if there are any important time limits of which we should be aware;
      5. deal promptly with our queries or requests for information;
      6. make yourselves available to attend meetings or to return paperwork to us or our third party consultant; and
      7. advise us if you will be unavailable at any time.
    2. If you have discovered a property via our platform, you undertake not to contact the developer, seller, or their agent regarding the property except with our prior written consent.
    3. You are responsible for appointing a solicitor and for obtaining a mortgage. You must do this without delay after expressing interest in any property.
    4. You must satisfy yourself as to the accuracy of any information provided by our platform before purchasing a property.

  22. Timescales

    1. Any timescales are estimates only and not guarantees of performance.

  23. Fees & costs

    1. Our fees and any other costs will be set out in the service details.
    2. Unless specified otherwise in the service details, you must pay us a fee equal to 1.5% of the purchase price plus VAT if you successfully make an offer and an offer is accepted on a property discovered through our platform.
    3. Our fee must be paid within 14 calendar days from the date of contract exchange on the property.
    4. If within six months of us introducing any property to you, you, or a family member of yours, or a company controlled by you (or a family member) directly approaches the seller (or their agent) that results in an exchange of contracts on such property or any other property marketed by the seller you must still pay to us our fee set out in paragraph 23.1.
    5. You are also responsible for paying:
      1. any stamp duty or, in Scotland, land & buildings transaction tax;
      2. the fees of your professional advisors including solicitors, mortgage brokers, surveyors, valuers, or property or facilities managers and the disbursements they may incur.
    6. You may choose to opt in for other Omah services such as acquisition support services and Omah management services, fees of which will be detailed in separate service agreements.

  24. Third-party referral fees

    1. Omah shall be entitled to accept introduction or referral fees or commission from third parties, such as solicitors, mortgage brokers, surveyors, valuers, or property or facilities managers.

  25. Risk

    1. The purchase of property includes risk. The price of property can fall as well as rise. If you have borrowed money to finance the purchase of the property you will be obliged to repay the money borrowed even if your property does not generate the income you expected, or indeed any income. It is your responsibility to ensure that you can afford any repayments and that you are in the financial position to accept the risks of investing in property.

Glossary

Omah
Omah Technology Limited
services agreement
the services agreement between a registered Omah user and Omah
service details
the supplemental terms on which we agree to act for you in relation to the purchase, refurbishment, or management of any property
website
the Omah website, including any web-app or mobile application