Terms and Conditions
Thank you for taking the time to view our terms and conditions. We have worked extensively with our solicitors who specialise in user generated content websites, to make these as comprehensive and clear as possible. Please note that these terms and conditions are subject to change and updates as the website develops.
Jakuta Limited
Website Terms and Conditions
Welcome to www.studenttenant.com Any access to and/or use of this Website are governed by the terms and conditions of use set out below (“Terms and Conditions”) and our Privacy Policy. Access to and/or use of this Website implies your agreement and acceptance of these Terms and Conditions and our Privacy Policy. If you do not accept these Terms and Conditions or our Privacy Policy, please do not proceed any further and leave this Website immediately.
This Website allows the Landlord and/or Letting Agent to Upload Properties onto this Website and the Tenant to Review and Upload such Reviews of Reviewed Properties onto the Website. Reviews are available for other Users of this Website. This Website is operated by Jakuta Limited (Company Registration Number: 6792938) whose registered office is at Camburgh House, New Dover Road, Canterbury, Kent, CT1 3DN and can be contacted at info@studenttenant.com.
1 DEFINITIONS
1.1
“Account” means the account created on registration of this Website by the Tenant,
Advertiser, Letting Agent and/or Landlord. The Tenant,
Advertiser Letting Agent
and/or Landlord are able to manage passwords and details relating to the Tenant, Advertiser, Letting Agent and/or Landlord’s accounts.
1.2
“Advertiser” means any individual or
company representative that buys advertising space on this Website.
1.3
“Claim” or “Claimed” means where a User notifies the Company of its desire to
become a Landlord or Letting Agent as there is a Reviewed Property that the
Landlord or Letting Agent wishes to claim and accept as a Property, for the
purposes of this Website.
1.4
“Comment” or “Comments” means a comment of a Property made by a Tenant during the
Review of the Property.
1.5
“Company” means “Jakuta Limited”, “we”, “our”, “ours” or “its”.
1.6
“Content” means all text, articles,
advertisements, scripts, personal or professional information, information,
documents, graphics, digital files, photographs, Reviews, Comments, mobile
content, sounds, music, audios, or audio-visual files, videos, and interactive
features contained on this Website.
1.7
“Intellectual Property Rights” or “IPRs” means any copyright or rights of
a similar nature, unregistered and registered trade marks, service marks,
unregistered designs, and registered designs including the right to register
any such rights.
1.8
“Landlord” means a User that has
registered to gain Landlord Membership of this Website.
1.9
“Landlord Membership” means the Landlord
that has met the Registration process in accordance with Clause 3.3.
1.10
“Letting Agent” means a User that has
registered to gain Letting Agent Membership.
1.11
“Letting Agent Membership” means the
Letting Agent that has met the Registration process in accordance with Clause 3.5.
1.12
“Media”
means any and all multi-media ch
1.13
“Moderator” means an individual with
full access to all functionalities within this Website with the responsibility
of monitoring the Content, Comments and Reviews of the Website from time to
time.
1.14
“Payment” “means the payment by the
Landlord, the Letting Agent and/or the Advertiser, of the relevant fee in
accordance with Clause 5.
1.15
“Parties” means the Company, the
Advertiser, Landlord, Letting Agent, Tenant and User.
1.16
“Privacy Policy” means the privacy
policy with URL www.studenttenant.com/privacy-policy
1.17
“Property” or “Properties” means a property that has been Uploaded onto the
Website by a Landlord or Letting Agent in accordance with Clauses 9.1 or 9.3.
1.18
“Property Status” means the current
availability of a Property from time to time.
1.19
“Registration” means registration in a
manner consistent with Clause 3 below.
1.20
“Reviewed Property” means a property
which is reviewed by a Tenant and Uploaded onto the Website as a result of the
Tenant uploading a Review of that property.
1.21
“Review” means any review by a Tenant of
any Property, Reviewed Property or other property not already on this Website.
The review consists of 3 sections (property, landlord/letting agent, area) each
containing 5 criteria which are graded on a scale ranging from 0 to 5 in
accordance with Clause 11.
1.22
“Services”
mean the services available on this Website.
1.23
“Tenant”, “you” or “your” means a User that has registered
to gain Tenant Membership of this Website in order to write and Upload Reviews and/or
Comments, access the Services on this Website and have access to this Website
via a computer or mobile device. Tenants may also represent a local
organisation or community, in which case the Tenant takes full responsibility
for that representation.
1.24
“Tenant Membership” means the
Registration by a User to become a Tenant in accordance with Clause 3.1 and the
option of the Tenant to create the Tenant’s profile on this Website in accordance
with Clause 4.1.5.
1.25
“Upload” or “Uploading” means uploading of Properties by the Landlord and/or
Letting Agent and/or uploading Reviews by the Tenant onto this Website.
1.26
“User” means the user using this Website via a computer or mobile device. The User’s use
of this Website will be limited to viewing Content only. In order to Upload Reviews onto this Website or to access this Website,
the User will first have to register as a Tenant and create an Account. When
registering, the User must provide accurate and complete
1.27
“Website” means the website with URL www.studenttenant.com
2
YOUR ACCEPTANCE
2.1
These Terms and
Conditions are the legally binding terms and conditions on the Advertiser, the
Landlord, the Letting Agent, the Tenant and the User in order to gain access to
this Website. The Parties will be bound by the following:
2.1.1
These
Terms and Conditions found at http://studenttenant.com/terms-and-conditions and
2.1.2
The
Privacy Policy found at www.studenttenant.com/privacy-policy and incorporated into these Terms and Conditions by reference.
2.2
The
Advertiser, the Landlord, the Letting Agent and the Tenant will be required to
accept these Terms and Conditions before the Registration process is completed,
thereby forming a valid contract with the Company.
2.3
Only
Advertisers, Landlords, Letting Agents and Tenants that are permitted under the
laws of the jurisdiction in which they access the Website shall be permitted to
accept these Terms and Conditions and continue using this Website.
2.4
The
Company reserves the right to amend or revise these Terms and Conditions and/or
the Privacy Policy at any time at the Company’s sole discretion. Any changes to
any of these said documents will come into effect at the time they are posted
on this Website. The last amendment date will be displayed at the end of the
Terms and Conditions or Privacy Policy. Access to and/or use of this Website
after the Terms and Conditions and/or or Privacy Policy have been updated,
constitute their acceptance as updated.
3
REGISTRATION
Tenant Membership
3.1
When
the User is asked to register on this Website to become a Tenant, the User will
be required to enter the User’s first name, last name and a university
e-mail address which ends with a ‘.ac.uk’ suffix and a password. In order to Upload Reviews onto this Website and write Comments and/or gain
access to the Services on this Website, the User will first have to register to
become a Tenant and create an Account. When registering on this Website, the
User must provide accurate
and complete
3.2
In order for the Tenant
to gain full Registration on this Website and Tenant Membership of this
Website, the Tenant must complete the Registration process under Clause 3.1.
Once this is completed, a link will be sent by email which the Tenant must
verify to prove its authenticity. Once this has been done, the Tenant will have
full Registration, enabling the Tenant to write and Upload Reviews and/or
Comments and view Property numbers.
Landlord Membership
3.3
When
the User registers on this Website to become a Landlord, the User will be
required to provide details including, the first name, last name, e-mail
address, and company details of the person acting for and on behalf of a Landlord
wishing to use this Website. Once this has been successfully cleared, the User
will be accepted as a Landlord on this Website and will be sent an e-mail confirming
Registration.
3.4
When providing the
details required under Clause 3.3, the Landlord must provide accurate and
complete
Letting Agent
Membership
3.5
When
the User registers on this Website to become a Letting Agent, the User will be
required to provide details including the first name, last name, e-mail
address, and company details of the person acting for and on behalf of a
letting agent wishing to use this Website. Once this has been successfully
cleared, the User will be accepted as a Letting Agent on this Website and will
be sent an e-mail confirming Registration.
3.6
When providing the
details required under Clause 3.5, the Letting Agent must provide accurate and
complete
Advertisers
3.7
When
the User registers on this Website to become an Advertiser, the User will be
required to make Payment and provide details including, the first name, last
name, e-mail address, and company details of the person acting for and on
behalf of an advertiser wishing to advertise on this Website. Once the Payment
has been successfully cleared, the User will be accepted as an Advertiser on
this Website and will be sent an email confirming payment. Once the Payment
process is cleared, the Advertiser will be able to advertise on this Website.
3.8
When providing the
details required under Clause 3.7, the Advertiser must provide accurate and
complete
3.9
The
Company will not be liable to the Advertiser for any loss incurred by the
Advertiser as a result of any unauthorised use of any Content or advertisement
on this Website.
4
USE OF WEBSITE
4.1
There
are five main sections to this Website:
4.1.1
Home section comprising
links to other sections of the Website. In this section, Users, Advertisers,
Landlords, Letting Agents and/or Tenants will be able to search for Reviews and/or
Comments. Users will be able to create an Account by registering.
4.1.2
Student area comprising links to
allow Users to register as Tenants and Tenants to log-in, thereby giving them
access to Review properties, Comment on Properties and search for properties.
4.1.2.1 Properties Uploaded
by Landlords and/or Letting Agents may have photographs as well as property and
advertising information. Each property will have an option (in the form of a
link) next to it stating:
4.1.2.1.1 ‘lived here’; or
4.1.2.1.2 ‘Review this
property’.
The Tenant will be able to click onto the
link and complete a short Review and add Comments.
4.1.2.2 Comments may written
by Tenants.
4.1.2.3 Reviews may be Uploaded by Tenants. The Tenants will be able to add new Reviews of Properties (Uploaded by the Landlord or Letting Agent) and discuss them with other Tenants. The Reviews will comprise:
Three rating scale sections in the Property
Landlord Area for the Tenant to rate the Property;
An area where the Tenant may write Comments
on the Properties being reviewed. The Tenant will also be able to provide
limited Reviews of Properties Uploaded by the Tenant in accordance with the
Reviewed Property section.
When a property is reviewed by a Tenant and
Uploaded onto this Website, the property details in this case will only be
Uploaded by the Tenant and not by the Landlord or Letting Agent. A Review of a
property under this section will contain the property’s address, basic property
details (amount of bedrooms) and will specify the Landlord or Letting Agent’s
for the property and the property rating. The property number will not be
available.
4.1.3
Landlord area comprising links to
allow Users to register and/or log-in as Landlords and/or Letting Agents. It
also allows Landlords and/or Letting Agents to respond to Reviews and/or
Comments and search for properties.
4.1.4
Blog area comprising a blog
section.
4.1.5
News area comprising a news
section.
4.2
This
Website contains a Registration process in order for the Advertiser, the
Landlord, the Letting Agent and the Tenant to gain access to the Website.
5
PAYMENTS
5.1
There
is a process for Payment on this Website.
5.2
The
Advertiser, the Landlord and the Letting Agent must accept and agree to these
Terms and Conditions before Payment will be made.
5.3
All
prices are displayed in GBP. Payments by credit card will be subject to a
handling charge
5.4 Payment is accepted by credit card or debit card or via PayPal. PayPal accepts payment using the following cards: VISA, VISA ELECTRON, SWITCH, MAESTRO, SOLO, MASTERCARD and AMERICAN EXPRESS. PayPal also accepts payment by direct debit. The Company does not at any material times have access to card payment details.
5.5
Once
the Advertiser has made the Payment, this will allow the Advertiser to
advertise on this Website. The rights granted by the Payment are as provided in
Clause 5.11 below.
5.6
The
Advertiser will be required to make Payment in full before advertising on this
Website. For the avoidance of doubt, the Advertiser will not be able to
advertise on this Website without having made Payment in full.
5.7
Once
the Landlord has made the Payment, this will allow the Landlord to Upload a
Property and/or Claim a Reviewed Property on this Website. The rights granted
by the Payment are as provided in Clause 5.13 below.
5.8
The
Landlord will be required to make annual payments and the Landlord will be
removed from this Website until the Payment has been made.
5.9
Once
the Letting Agent has made the Payment, this will allow the Letting Agent to Upload
a Property and/or Claim a Reviewed Property on this Website. The rights granted
by the Payment are as provided in Clause 5.16 below.
5.10
The
Letting Agent will be required to make annual payments and the Letting Agent
will be removed until the Payment has been made.
Advertisers
5.11
Subject
to Clause 2.1; the Advertiser will be able to advertise on this Website by
entering into a contract with the Company. A contract is formed between the
Advertiser and the Company at the point when the Advertiser:
5.11.1
Registers
on this Website, makes the Payment and
the Payment is cleared; and
5.11.2
The
Advertiser’s e-mail address has been validated as part of the process.
5.12
The
Payment shall be such fee as provided on this Website from time to time payable
by the Advertiser for a specified length of time, as is agreed with the Company.
Landlords
5.13
Subject
to Clause 2.1, the Landlord will be able to Upload a Property and/or Claim a
Reviewed Property by entering into a contract with the Company. A contract is
formed between the Landlord and the Company at the point when the Landlord:
5.13.1
Registers
on this Website, makes the Payment and
the Payment is cleared; and
5.13.2
The
Landlord’s e-mail address has been validated as part of the Registration
process.
5.14 The Company reserves the right to increase theses charges from time
to time. The Landlord will be notified in advance of such changes.
5.15
In
the event that the Landlord wishes to Upload 100 or more Properties, the
Landlord will be required to contact the Company directly to establish the
charges and arrange payment directly with the Company.
Letting Agents
5.16
Subject
to Clause 2.1, the Letting Agent will be able to Upload a Property and/or Claim
a Reviewed Property by entering into a contract with the Company. A contract is
formed between the Letting Agent and the Company at the point when the Letting
Agent:
5.16.1
Registers
on this Website, makes the Payment and the Payment is cleared; and
5.16.2
The
Letting Agent’s e-mail address has been validated as part of the Registration
process.
5.17
The
Payment for Letting Agents wishing to Upload at least 20 Properties to this
Website shall be payable offline.
5.18
The
Company reserves the right to increase theses charges from time to time. The
Landlord will be notified in advance of such changes.
5.19
In
the event that the Letting Agent wishes to Upload 100 or more Properties, the
Letting Agent will be required to contact the Company directly to establish the
charges and arrange payment directly with the Company.
Tenants
5.20
A
contract is formed between the Tenant and the Company at the point when the
Tenant registers on this Website.
5.21
The
Tenant must be over the age of 16 and the Tenant affirms that the Tenant is
over 16 years of age (or the legal age to accept these Terms and Conditions in
the jurisdiction in which the Tenant accesses this Website). Any User under the
age of 18 (or the legal age to accept these terms and conditions in the
jurisdiction from which the User uses the Website) that wishes to register on
this Website as a Tenant must
have permission from a parent or legal guardian to be able to fully and
competently enter into the conditions, obligations, affirmations and warranties
set out in these Terms and Conditions. Any User under the age of 16 will not be
permitted full Membership. The User must at all times be honest about the
User’s age when registering. If it is proved that the Tenant has given false
5.22
Registration
is free.
6
ADVERTISER’S,
LANDLORD’S AND LETTING AGENT’S WARRANTIES
Advertisers
Warranty
6.1
The
Advertiser warrants, represents and undertakes with the Company that the
details provided under this Clause 6.1, are true and accurate to the best of
the Advertiser’s knowledge.
6.2
By
using this Website, the Advertiser grants consent, in accordance with the Data
Protection Act 1998, to allow the employees and administrators of the Company
or organisations authorised by the Company (in order for the Services to be
provided), to access the Advertiser’s personal records where required in
accordance with our Privacy Policy, and any personal details of the Advertiser,
if appropriate.
6.3
For
the avoidance of doubt, no legal relationship shall exist between the
Advertiser and the Company until Payment has been made by the Advertiser.
Landlords
6.4
The
Landlord must maintain at all times the Property Status
of all Properties Uploaded by the Landlord onto this website. The Landlord
shall regularly maintain the Property Status of all Properties on this
Website by choosing one of the following
to reflect the availability and current status of a Property Uploaded onto this
Website:
6.4.1
‘Occupied’;
6.4.2
‘Available now’; or
6.4.3
‘Available soon’
6.5
The
Company will not be liable to the Landlord in any way whatsoever for any loss
or damage incurred by the Landlord as a
result of any unauthorised use of any Content and/or details of Properties on
this Website.
Warranty
6.6
The
Landlord warrants, represents and undertakes with the Company,
6.6.1 That the details
provided by the Landlord to the Company under Clause 3.3 are true and accurate
to the best of the Landlord’s knowledge;
6.6.2 Not to disclose the
identity of any Tenants and/or write inappropriate content in response to
Reviews by Tenants;
6.6.3
That
the Landlord has sole responsibility for checking Reviews as they are sent to
the Landlord by the Company and to take the appropriate action in accordance
with Clause 11.4; and
6.6.4
To
regularly maintain the Property Status of all Properties on this Website in
accordance with Clause 6.4 above.
6.7
The
Landlord further acknowledges and agrees that by Uploading Properties onto this
Website and/or using the Services, the Landlord agrees to the Review of any
Property and/or other property by the Tenant under the ownership of the
Landlord.
6.8
By
using this Website, the Landlord grants consent, in accordance with the Data
Protection Act 1998, to allow the employees and administrators of the Company
or organisations required by the Company (in order for the Services to be
provided), to access the Landlord’s personal records where required in
accordance with our Privacy Policy, and any personal details of the Landlord,
if appropriate.
6.9
For
the avoidance of doubt, no legal relationship shall exist between the Landlord
and the Company until the Landlord’s Payment has been made to the Company.
Letting Agents
6.10
The Letting Agent must
maintain at all times the Property Status of all Properties Uploaded by the
Letting Agent onto this Website. The Letting Agent shall regularly maintain the
Property Status of all Properties on this Website by choosing one of the following to reflect
the availability and current status of a Property Uploaded onto this Website:
6.10.1
‘Occupied’;
6.10.2
‘Available now’; or
6.10.3
‘Available soon’.
6.11
The
Company will not be liable in anyway whatsoever to the Letting Agent for any loss
or damage incurred by the Letting Agent as a result of unauthorised use of any
Content and/or details of Properties on this Website.
Warranty
6.12
The
Letting Agent warrants, represents and undertakes with the Company,
6.12.1
That
the details provided by the Letting Agent to the Company under Clause 3.5 are
true and accurate to the best of the Letting Agent’s knowledge;
6.12.2
Not
to disclose the identity of any Tenants and/or write inappropriate content in
response to Reviews by Tenants;
6.12.3
That
the Letting Agent has sole responsibility for checking Reviews as they are sent
to the Letting Agent by the Company and to take the appropriate action in
accordance with Clause 11.4; and
6.12.4
To
regularly Property Status of all Properties on this Website in accordance with
Clause 6.10 above.
6.13
The
Letting Agent further acknowledges and agrees that by Uploading Properties onto
this Website and/or using the Services, the Letting Agent agrees to the Review
of any Property and/or other property by the Tenant where the Letting Agent is
authorised as the agent.
6.14
By
using this Website, the Letting Agent grants consent, in accordance with the
Data Protection Act 1998, to allow the employees and Administrators of the
Company or organisations required by the Company (in order for the Services to
be provided), to access the Letting Agent’s personal records where required in
accordance with our Privacy Policy, and any personal details of the Letting
Agent, if appropriate.
6.15
For
the avoidance of doubt, no legal relationship shall exist between the Letting
Agent and the Company until the Letting Agent’s Payment has been made.
7 CANCELLATION
Landlord’s
Subscription
7.1
The
Landlord may cancel the Landlord’s subscription for a Property and remove the
Property from this Website at any time during the annual subscription for the
Property.
7.2
Cancellation
must be made in writing to the Company by e-mail to info@studenttenant.com, or by post to Jakuta
Limited, Canterbury Innovation Centre, University Road, Canterbury, CT2 7FG.
7.3
The
Landlord acknowledges and agrees that the Landlord will not be refunded any
amount of the Payment upon cancellation of Registration, once the Property is
Uploaded and/or the Reviewed Property is Claimed.
7.4
All
Reviews and Comments that relate to the Landlord’s Property shall remain on this
Website.
Landlord Property
Removal
7.5
The
Landlord may remove a Property from this Website at any time during the annual
subscription for the Property.
7.6
Notification
of removal must be made by the Landlord to the Company in writing by
e-mail to info@jakuta.co.uk, or by post
to Jakuta Limited, Canterbury Innovation Centre, University Road, Canterbury,
CT2 7FG.
7.7
The
Landlord acknowledges and agrees that the Landlord will not be refunded any
amount of the Payment made upon removal of the Properties, once Properties are
Uploaded and/or Reviewed Property are Claimed.
7.8
All
Reviews and Comments that relate to the Landlord’s Property shall remain on this
Website.
Letting Agent
Subscription
7.9
The
Letting Agent may cancel the Letting Agent’s subscription for a Property and
remove the Property from this Website at any time during the annual
subscription for the Property.
7.10 Cancellation must be made in writing to the Company by e-mail to info@studenttenant.com, or by post to Jakuta Limited, Canterbury Innovation Centre, University Road, Canterbury, CT2 7FG.
7.11
The
Letting Agent acknowledges and agrees that the Letting Agent will not be
refunded any amount of the Payment upon cancellation of a Registration, once
the Property is Uploaded and/or Reviewed Property is Claimed.
7.12
All
Reviews and Comments that relate to the Letting Agent’s Property shall remain
on the Website.
Letting Agent
Property Removal
7.13
The
Letting Agent may remove a Property from this Website at any time during the
annual subscription for the Property.
7.14 Notification of removal must be made by the Letting Agent to the Company in writing by e-mail to info@studenttenant.com, or by post to Jakuta Limited, Canterbury Innovation Centre, University Road, Canterbury, CT2 7FG.
7.15
The
Letting Agent acknowledges and agrees that the Letting Agent will not be
refunded any amount of the Payment upon removal of Properties, once Properties
are Uploaded and/or Reviewed Properties are claimed.
7.16
All
Reviews and Comments that relate to a Letting Agent’s Property shall remain on
the site.
8
TENANT’S USE OF THE
WEBSITE
8.1
The
Tenant will have to complete the Registration process and log onto this Website
in order to access and use the Services on this Website and/or Upload Reviews
onto this Website. Once the Tenant has logged onto this Website, the Tenant
may:
8.1.1
Upload
Reviews onto this Website;
8.1.2
Change
Reviews after Uploading them;
8.1.3
Search
for and/or download Reviews from the Website;
8.1.4
Create
a professional or personal profile;
8.1.5
Flag
any Reviews for copyright checking;
8.1.6
Flag
any Reviews for content checking;
8.1.7
Change
own password;
8.1.8
Retrieve
own password;
8.1.9
Edit
own personal details; and
8.1.10
Request
account deactivation;
8.2
The
Tenant may register the Tenant’s interest in a Property which is currently
‘Occupied’ and will receive an e-mail notification when the Property’s status
changes to ‘available soon’ or ‘available now’.
Warranty and
Restriction
8.3
You
warrant, represent and undertake that the
8.4
By
accessing this Website, you grant consent, in accordance with the Data
Protection Act 1998, to allow the employees or Administrators of the Company or
organisations required by the Company in order to access your personal records
where required, in accordance with our Privacy Policy.
8.5
The
Company will restrict the use of vulgar, inappropriate and
offensive names as part of the Registration process.
9
UPLOADING PROPERTIES
Landlord Upload
9.1
The
Landlord who has acquired Landlord Membership may Upload Properties onto this
Website and may then proceed to adjust the Property Status.
9.2
The
Landlord may upload photographs, property information and advertising
information onto this Website in respect of Properties owned by the Landlord.
Letting Agent Upload
9.3
The
Letting Agent who has acquired Letting Agent Membership may Upload Properties
onto this Website and may then proceed to adjust the Property Status.
9.4
The
Letting Agent may upload photographs, property information and advertising
information onto this Website where the Letting Agent is authorised to act as
agent for renting such Properties.
10 CLAIMING A REVIEWED PROPERTY
10.1
The
Landlord and/or Letting Agent may Claim a Reviewed Property.
10.2
In
order to Claim a Reviewed Property, the Landlord and/or Letting Agent shall:
10.2.1 Contact the Company in writing via e-mail info@studenttenant.com to declare an intention to Claim;
10.2.2
Verify
their identity by sending the Company a document with proof of name;
10.2.3
Send
the Company a document with proof of ownership; and
10.2.4
Satisfy
the Landlord Membership and/or Letting Agent Membership requirements in Clauses
3.3 or 3.5 above(
one document will be sufficient to verify
ownership and identity).
10.3
In
order to Claim multiple Reviewed Properties, the Landlord and/or Letting Agent
only have to meet the requirements under Clause 10.2 once.
10.4
In
the event a Reviewed Property is not Claimed, the property’s Review will remain
on this Website without publication of the Landlord or Letting Agent’s name.
10.5
For
the avoidance of doubt, once a Reviewed Property is Claimed by the Landlord and/or
Letting Agent, the Reviewed Property shall be treated, for all intents and purposes
in connection with this Website from that point on, as a Property.
10.6
The
Landlord and/or Letting Agent may upload photographs, property information and
advertising information onto this Website in respect of Reviewed Properties
which they have Claimed and which are to be treated, in accordance with Clause
10.6 above, as Properties for the purposes of this Website.
11
UPLOADING REVIEWS
Reviewing properties
Uploaded by Landlord or Letting Agent
11.1 The Tenant may submit
a Review of a Property and as part of the Review of the Property is able to
make Comments about this Property.
11.2 The Tenant may only
submit a maximum of 2 Reviews per month on this Website.
11.3 Subject to Clause
11.5, Reviews and/or Comments submitted by the Tenant will automatically be
Uploaded onto the Website after 72 hours.
11.4 When a Review is
completed by a Tenant on a Property (Uploaded by the Landlord and/or Letting Agent), the Landlord or
Letting Agent will be sent an email
alert notifying the Landlord or Letting Agent. The Landlord and/or Letting
Agent may respond to a Review within 72 hours before the Review is Uploaded to this Website and goes live, by
doing either of the following:
11.4.1
Add
no comment and the Review will go live;
11.4.2
Write
a response of less than 250 words to the Review and/or Comments and let the Review go live, or
11.4.3
Flag
the Review and/or Comments to the Company’s internal administration system as
being inappropriate.
11.5 For the avoidance of
doubt, if the Landlord and/or Letting Agent do not respond in accordance with
Clause 11.4 above within 72 hours, the Review and/or Comment will be Uploaded
onto this Website.
11.6 For the avoidance of
doubt, a Review and/or Comment will be regarded as inappropriate in accordance
with Clause 11.4.3 above, in the event that the Review and/or Comment are
deemed to be offensive, discriminatory, threatening, abusive or generally
unrelated to the Tenant’s occupancy of the Property.
11.7 For the avoidance of
doubt, the Company has complete discretion regarding whether a Review and/or
Comment are inappropriate.
Reviewing other
properties
11.8 The Tenant may submit
a Review about a property which has not been Uploaded by a Landlord or Letting
Agent. For the avoidance of doubt, this includes Reviewed Property and any
other property not already on this Website. When writing a Review of a
property, the Tenant will enter the property’s address, basic property details
(such as number of bedrooms) and specify the Landlord or Letting Agent for the
property in question. The Tenant will be able to rate the property by completing
the rating scales on this Website. For the avoidance of doubt, the Tenant will
not be able to upload photographs or write Comments on the property. When the
Review of the property is Uploaded, the Landlord and/or Letting Agent’s name
will not be displayed next to the property, only the rating for the Landlord or
Letting Agent. The property will be retrievable through a postcode or
geographical search under 'Reviewed Properties'.
11.9 The Tenant may only
submit a maximum of 2 Reviews per month on this Website.
12
GENERAL POINTS FOR
MEMBERSHIP AND PAYMENT
12.1
In
the event that the Advertiser, the Landlord, the Letting Agent and/or the
Tenant become aware of any unauthorised access to the Advertiser, Landlord,
Letting Agent and/or Tenant’s Account, the Advertiser, Landlord, Letting Agent
and/or Tenant must notify the Company immediately by sending an e-mail to: info@studenttenant.com .
12.2
The
Advertiser, Landlord, Letting Agent and/or Tenant will be solely accountable to the Company for all activities taking place in connection with the Advertiser, Landlord,
Letting Agent and/or Tenant’s Account.
12.3
The Advertiser, Landlord,
Letting Agent and/or Tenant will not be entitled to
use another Advertiser, Landlord, Letting Agent and/or Tenant’s Account without
permission.
12.4
In
the event that the Advertiser, Landlord, Letting Agent and/or Tenant breach any
of these Terms and Conditions or the terms of the Privacy Policy the Advertiser,
Landlord, Letting Agent and/or Tenant will no longer be able to use this
Website.
12.5
In
the event that the Tenant breaches
any of these Terms and Conditions or the terms of the Privacy Policy.
Membership of this Website will be revoked immediately.
12.6
The
Company will not be liable to the Advertiser, Landlord,
Letting Agent and/or Tenant for any loss incurred by the Advertiser,
Landlord, Letting Agent and/or Tenant as a result of unauthorised use of the the Advertiser,
Landlord, Letting Agent and/or Tenant’s Account. The the Advertiser,
Landlord, Letting Agent and/or Tenant may be liable to the Company for any loss
incurred by the Company due to such unauthorised use.
13
COMPANY OBLIGATIONS
13.1
The
Company is responsible for facilitating the Services on this Website with care
and professionalism.
13.2
Any
changes to these Terms and Conditions shall be communicated to the Advertiser,
Landlord, Letting Agent and/or Tenant in accordance with Clause 2.4 above.
13.3
The
Company shall endeavour to establish and maintain reasonable safeguards against
the destruction, loss or unauthorised alteration of this Website and shall
institute security procedures to restrict unauthorised access to this Website,
data and data files, including any back up material.
13.4
For
the avoidance of doubt, the Company gives no warranties as to the Services or
the suitability of the Services for a particular purpose. The Company shall not
be liable in anyway whatsoever in the event that the User, Advertiser,
Landlord, Letting Agent and/or Tenant do not deem this Website or the Services
on this Website to be beneficial.
13.5
The
Company will use all reasonable endeavours to ensure that inappropriate Content
do not get Uploaded onto the Website. In the event that a Landlord and/or
Letting Agent deem a Review and/or Comment to be inappropriate, the Company
shall not be liable in any way whatsoever for any loss or damage incurred by
the Landlord and/or Letting Agent as a result of such Review and/or Comment
being displayed on this Website. The Company shall use its reasonable
endeavours to remove such Review and/or Comment if it deems them to be inappropriate
in the circumstances, the discretion to remove such Review and/or Comment lies
entirely with the Company.
14
GENERAL USE OF THE
WEBSITE PERMISSIONS AND RESTRICTIONS
14.1
The
Company grants the User, Advertiser, Landlord, Letting Agent and/or Tenant permission
to use this Website provided that:
14.1.1
The
User, Advertiser, Landlord,
Letting Agent and/or Tenant act responsibly in using and/or accessing this
Website and treat other User, Advertiser, Landlord, Letting Agent and/or Tenant
with respect;
14.1.2
The
User, Advertiser, Landlord, Letting Agent and/or Tenant do not alter or modify
any part of this Website, including any related technologies;
14.1.3
The
User and/or the Tenant do not access Reviews through any unauthorised means or
technology;
14.1.4
The
Tenant does not Upload Reviews through any unauthorised means or technology;
and
14.1.5
The
Tenant does not exploit this Website by Uploading Reviews for any commercial
activity, without the prior written authorisation of the Company. Commercial
activity of the Tenant includes, but is not limited to:
14.1.5.1 Sale or access to
this Website or its Services on another website;
14.1.5.2 Sale of
advertisements on ANY website targeted to the Reviews Uploaded onto this
Website or the Content; and
14.1.5.3 Such other activities
that the Company may specify from time to time.
14.2
The
User and the Tenant must not impersonate another person’s identity or
misrepresent the User’s or the Tenant’s own identity or affiliation including
using another’s personal details, password, account name, email or other such
14.3
The
Tenant must not Upload any copyright Reviews owned by a third party and all
Reviews Uploaded by the Tenant must be original.
15
USE OF CONTENT ON THE
SITE
15.1
In
addition to the Terms and Conditions of this Website, the following
restrictions and conditions apply directly to the User, Advertiser, Landlord,
Letting Agent and/or Tenant viewing or using Content and/or using the Services
on this Website (including, but not limited to, the Tenant Uploading Reviews
and/or Comments):
15.1.1
The
Company owns all Content on this Website including the text, software, scripts,
graphics, photos, except Content arising out of or in connection with Reviews
Uploaded by the Tenant;
15.1.2
The
User, Advertiser, Landlord, Letting Agent and/or Tenant will be prohibited from
downloading, copying, distributing, transmitting, reproducing, broadcasting,
displaying, selling, licensing, or otherwise exploiting Content on this Website
whatsoever without the prior written consent of the Company, except where the
Website is configured to enable a download, whereupon the User Advertiser,
Landlord, Letting Agent and/or Tenant may download one copy of any Review to a
single computer for home-usage. The Company is not responsible for the websites
to which the Company is linked and does not assume any affiliation with any
other websites unless otherwise stated;
15.1.3
The
User, the Advertiser, Landlord, Letting Agent and/or Tenant will be
prohibited from downloading, copying, distributing, transmitting, reproducing,
broadcasting, displaying, selling, licensing, or otherwise exploiting Reviews
from this Website, except where the Tenant downloads, copies, distributes,
transmits, reproduces, broadcasts, displays, sells, licenses, or otherwise
exploits Reviews owned by the Tenant. In the event that the Company offers
software to download, the Company will not transfer ownership of the software
title to the User the Advertiser, Landlord, Letting Agent
and/or Tenant. The User, the Advertiser,
the Landlord, the Letting Agent and/or the
Tenant may not use or decompile the software; and
15.1.4
The
Tenant will be prohibited from Uploading any Reviews on this Website that are
not written/owned by the Tenant.
16
OWNERSHIP OF
INTELLECTUAL PROPERTY RIGHTS
16.1
This
Website and any and all IPRs are owned by the Company save in respect of any
IPRs belonging to any licensor, Advertisers, partners, investors, sponsors,
Landlords and/or Letting Agent of this
Website or any Tenant.
16.2
The
Advertisers grant to the Company the right to display, broadcast, use and reproduce the advertisements contained on this Website.
16.3
The
Landlord and/or Letting Agent grant to the Company the right to display, broadcast, use and reproduce the Property information contained on this Website.
16.4
For
the avoidance of doubt, all Intellectual Property Rights arising out of and/or
in connection with the advertisements are owned by the Advertisers.
16.5
For
the avoidance of doubt, all Intellectual Property Rights arising out of and/or
in connection with the Properties are owned by the Landlord and/or Letting
Agent, as appropriate.
17
USE OF REVIEWS
UPLOADED AND ADVERTISEMENTS
17.1
The
Tenant may Upload Reviews and/or Comments onto this Website. Once the Tenant
Uploads any Reviews and/or Comments onto this Website.
17.2
The Tenant acknowledges, represents and warrants that:
17.2.1
The Tenant has obtained all necessary licenses, rights, consents, and
permissions which are required under law to enable the Company and its successors or assigns to display, broadcast, reproduce or use the
Reviews and/or Comments Uploaded by the
Tenant in connection with this Website or disseminate or distribute such Reviews and/or Comments Uploaded by the Tenant in connection with this Website;
and
17.2.2
The Tenant will be solely responsible for the content of Reviews
and/or Comments Uploaded onto this Website by the Tenant and for any consequential losses including any loss of
profit or loss of business by the Company that may
arise from Uploading such Reviews and/or Comments by the Tenant. The
Company shall not be liable to the Tenant, or any person claiming through any
Tenant for any disclosure or exploitation of the Reviews and/or Comments Uploaded onto this Website.
17.3
The Advertiser acknowledges, represents and warrants that:
17.3.1
The Advertiser has obtained all necessary licences, rights, consents, and
permissions which are required under law to enable the Company and its successors or assigns to display, broadcast, reproduce or use the
advertisements of the Advertiser in connection with this Website or disseminate or distribute such advertisement in connection with this Website; and
17.3.2
The Advertiser will be solely
responsible for the content of advertisements on this Website and for any
consequential losses including any loss of profit or loss of business by the Company that may arise from the advertisements. The Company shall not
be liable to the Advertiser, or any person
claiming through any Advertiser for any disclosure or
exploitation of the advertisements on this Website.
17.4 Prohibited Material. The Tenant will not
Upload or store on this Website any Reviews and/or Comments which may violate any third party’s or the
Company’s Intellectual Property Rights, which may violate the laws of the
United Kingdom or which is lewd, offensive, defamatory, harassing, derogatory
or otherwise objectionable. The Tenant will not Upload or store on this Website
any Reviews and/or Comments which may violate the
laws of the country in which the Tenant accesses or Uploads Reviews and/or Comments onto this Website.
17.5 Licence, Representation and Warranty. By Uploading Reviews
and/or Comments onto this Website,
the Tenant hereby grants to the Company an irrevocable, perpetual, exclusive,
royalty-free, world-wide, transferable licence and transferable licence to use, retain, reproduce, distribute
any and all of the Reviews and/or Comments
Uploaded by the Tenant in connection with this Website, the Company and its successors’ business or assigns, including without limitation,
for promoting and redistributing part or all of this Website in any Media
format and without
any requirement of prior permission from the Tenant, or any credit being
attributed to the Tenant. The Tenant hereby grants to each User, Advertiser, Landlord, Letting Agent and/or
Tenant a non-exclusive licence to view and/or access the Reviews and/or Comments through this
Website, and to use, reproduce, distribute such Reviews and/or Comments as permitted
through the functionality of this Website and under these Terms and Conditions.
Subject to Clause 18 below, the foregoing licence granted by the Tenant will terminate once the Tenant or the Company removes or deletes the Reviews and/or
Comments or any part thereof from this Website.
17.6
Removal Right. All Reviews and/or Comments that are Uploaded by the Tenant are subject
to approval by the Company from time to time. All Reviews
and/or Comments will
be automatically scanned via a third party profanity filter prior to being
Uploaded. Any potentially offensive Reviews and/or Comments will be put into a
“holding cache” for the Website Moderators to assess. If the Review and/or Comments are deemed
appropriate (in accordance with these Terms and Conditions and Privacy Policy),
the Review and/or Comments will
be Uploaded. If the Review and/or
Comments are deemed inappropriate, the Review and/or Comments will be blocked and
the Tenant will be sent a warning message explaining why the Review and/or Comments were inappropriate.
If the Review and/or Comments are deemed
in serious breach of the Terms and Conditions, the Tenant may receive an
immediate life-long ban. The content will be checked by the Company or the
Moderators of this Website on a random basis. The Tenant expressly agrees that
the Company may remove, disable or restrict access to or the availability of
any Reviews and/or Comments on this Website which
the Company believes, in good faith and at the Company’s discretion, violate
the Company’s Terms and Conditions. Prohibited content includes but is not
limited to Reviews and/or Comments which:
17.6.1
Are patently
offensive or promotes racism, bigotry, hatred or physical harm of any kind
against any group or individual;
17.6.2
Harass or advocate
harassment of another individual(s);
17.6.3
Exploit people in a
sexual or violent manner;
17.6.4
Contain nudity,
excessive violence, or offensive subject matter or contains a link to an adult
website;
17.6.5
Solicit confidential
or personal information from anyone under 18;
17.6.6
Publicly post
information that poses or creates a privacy or security risk to any person;
17.6.7
Constitute or promote
information that you know is false or misleading or promotes illegal activities
or conduct that is abusive, threatening, obscene, defamatory or libelous;
17.6.8
Involve the
transmission of “junk mail”, “chain letters”, or unsolicited mass mailing,
instant messaging or “spamming”;
17.6.9
Involve the use of
the Company’s domain name as a pseudonymous return email address for any communications which you transmit from another location or
through another person compromises any right of a third party such
as copyright infringement, patent, trademarks, and other proprietary rights, or
distributing another’s personal
17.6.10
Contain restricted or
password only access pages or hidden pages or images (those not linked to or
from another accessible page);
17.6.11
Further or promote
any criminal activity or enterprise or provides instructional information about
illegal activities including, but not limited to
making or buying illegal weapons, theft, child pornography, sexual
assault, violating someone’s privacy, or providing
or creating computer viruses;
17.6.12
Solicit passwords or
personal identifying information for commercial or unlawful purposes from other
Tenants; or
17.6.13
Involve commercial
activities and/or sales without prior written consent from the Company.
17.7
The
Company is under no obligation to any Advertiser, Landlord, Letting Agent
and/or Tenant and
therefore may refuse to remove any Reviews from this Website.
18
TERMINATION RIGHT
18.1
The licences granted by the Tenant in
Clause 17.5 above, will terminate when the Tenant
removes or deletes Reviews and/or Comments from this Website. In the event that
the Tenant
elects to terminate the Tenant’s legal agreement with the Company, the above licences granted by the Tenant in
the Reviews and/or Comments that are NOT removed or deleted by the Tenant prior to the Tenant closing the Account are perpetual and irrevocable, but
are otherwise without prejudice to the Tenant’s ownerships rights. In the event the terms and conditions
are terminated between the Tenant and the Company, the licence granted under
Clause 17.5 will continue in perpetuity.
19
DISCLAIMER (REVIEWS)
19.1
The
Company does not endorse the content of any Reviews and/or Comments Uploaded onto this Website by the Tenant and
expressly excludes any and all liability in connection with the Uploading and/or
content of such Reviews and/or Comments
by the
Tenant.
19.2
The
Company does not endorse the content of any advertisements on this Website and
expressly excludes any and all liability in connection with such
advertisements.
20
LIMITATION OF
LIABILITY
20.1
Nothing in
these terms and conditions shall exclude or in any way limit the Company’s
liability for fraud, or for death or personal injury caused directly by its
negligence, or any other liability to the extent such liability may not be
excluded or limited as a matter of law. Subject to this:
20.1.1
The
Company’s maximum aggregate liability under or in connection with the Advertiser, Landlord,
Letting Agent and/or Tenant under these
Terms and Conditions, whether in contract, tort or otherwise, will in no
circumstances exceed the Payments made by the Advertiser,
the Landlord and/or the Letting Agent respectively under these Terms
and Conditions;
20.1.2
The Company will under no circumstances whatsoever be liable to
the Advertiser,
Landlord, Letting Agent and/or Tenant under these Terms
and Conditions as the Advertiser,
Landlord, Letting Agent and/or Tenant are using the
Services on this Website at their own risk;
20.1.3
The Company
will not be liable to the Advertiser, Landlord, Letting Agent and/or Tenant under these Terms and Conditions for any loss of actual
or anticipated income or profits, loss of contracts or for any special,
indirect or consequential loss or damage (whether in negligence or breach of
statutory duty) of any kind howsoever arising and whether caused by tort,
breach of contract or otherwise, whether or not such loss or damage is
foreseeable, foreseen or known.
20.2
It
is the Company’s policy not to tolerate any acts of intellectual property
infringement or violations of the laws of the United Kingdom or any other
applicable laws. The Company will use all reasonable endeavours to remove,
disable, or restrict access to or availability of Reviews and/or Comments and/or advertisements that the Company
considers to be subjective and view as infringing. The provisions of Clause 2
are intended to implement these Terms and Conditions but do not impose a
contractual obligation on the Company to undertake, or refrain from
undertaking, any particular course of conduct.
21 POLICY
21.1
Under
no circumstances shall the Company, its officers, directors, employees, or
agents be liable to the Parties in the event that any Reviews and/or Comments on this Website Uploaded by the Tenant are
held to infringe any third party’s Intellectual Property Rights.
21.2
The
Company, its officers, directors, employees, or agents neither make nor give
any representations or warranties express or implied as to the quality,
suitability or authenticity of any Reviews and/or Comments Uploaded by the Tenant on this Website.
21.3
Under
no circumstances will the Company, its officers, directors, employees, or agents
be liable for any damages, including, without limitation, direct, indirect or
consequential loss or damage of any kind however caused and whether arising
under contract, tort or property damage.
21.4
Under
no circumstances shall the Company, its officers, directors, employees, or
agents be liable for any bugs, trojan horses, viruses, or the like which may be
transmitted to or through this Website by any third party.
21.5
The
Advertiser, Landlord, Letting Agent and/or Tenant agree to indemnify and keep
the Company indemnified against any and all claims for infringement of any
Intellectual Property Rights brought by a third party as a result of the Advertiser,
Landlord, Letting Agent and/or Tenant’s use of and/or access to this Website.
21.6
The
Advertiser, Landlord, Letting Agent and/or Tenant agree to indemnify and keep
the Company indemnified against any and all losses or liabilities incurred
directly by the Company and against any and all loss or damage of any kind
suffered as a result of the Advertiser, Landlord, Letting Agent and/or Tenant’s misuse
of this Website and/or any breach or non-observance of these Terms and
Conditions or the terms of the Privacy Policy by the Advertiser, Landlord,
Letting Agent and/or Tenant.
22 COMPLAINTS PROCEDURES
22.1 If the Advertiser, Landlord, Letting Agent and/or Tenant believe that a Tenant has Uploaded Reviews and/or Comments which violate the Terms and Conditions or the terms of the Privacy Policy, the Advertiser, Landlord, Letting Agent and/or Tenant will promptly notify the Company by email at the following address: info@studenttenant.com. In order for the Company to respond effectively, please provide the Company with as much detail as possible, including:
22.1.1
The
nature of the right infringed or violated (including the registration numbers
of any registered trade marks or patents allegedly infringed);
22.1.2
All
facts which may lead the Advertiser, Landlord, Letting Agent and/or Tenant to
believe that a right has been violated or infringed;
22.1.3
The
precise location where the offending Review and/or Comments are located;
22.1.4
Any
grounds on which the Tenant who posted the Review and/or Comments were not authorised to do so or did not have a
valid defence (including the defence of fair use); and
22.1.5
If
known, the identity of the Tenant or persons who Uploaded the infringing or
offending Review and/or Comments.
22.2
We
reserve the right, but have no obligation to remove any Review and/or Comments except where we are obligated under the law and
reserve the right to remove any Review
and/or Comments,
whenever, and for no reason whatsoever.
23
INDEMNIFICATION
23.1
Subject
to Clauses 21.5 and 21.6, the Advertiser, Landlord, Letting Agent and/or Tenant
agree to defend, indemnify and hold harmless the Company, its officers,
directors, employees, and agents from and against all claims which may be
asserted against the Company, including but not limited to, any and all claims,
damages, obligations, losses, liabilities, costs, debts, and expenses arising
from:
23.1.1
The
Advertiser, the Landlord, the Letting Agent and/or the Tenant’s use of and/or
access to this Website; and
23.1.2
Any
Advertiser, Landlord’s, the Letting Agent and/or the Tenant’s violations of
these Terms and Conditions.
24
DATA PROTECTION AND
CONFIDENTIALITY
24.1
The
Company has notified the Information Commissioner in the United Kingdom for the
purposes of the Data Protection Act 1998 and will comply with its provisions.
24.2
All
personal data collected by the Company about the User, Advertiser, Landlord,
Letting Agent and/or Tenant is strictly confidential and will not be shared
with any third party except as required by law, and the Company will only use
personal data collected about the User, Advertiser, Landlord, Letting Agent
and/or Tenant in accordance with the Data Protection Act 1998 and as detailed
in the Privacy Policy.
24.3
The
Parties’ data used by the Company will be stored in a database in accordance
with the provisions of the Data Protection Act 1998.
24.4
The
Parties’ data may be used to
25
LINKS TO THIRD PARTY
WEBSITES
25.1
This
Website provides links to other third party sites on the Internet. These sites
may contain
25.2
By
using a third party website, the Advertiser, Landlord, Letting Agent and/or
Tenant expressly relieve the Company of any and all liabilities arising out of
or in connection with such use.
25.3
The
Advertiser, Landlord, Letting Agent and/or Tenant acknowledge and agree that the Company is not responsible for
the availability of any third party sites. Furthermore, the Company does not endorse any advertising, products or other information available
from any third party sites.
25.4
The
Advertiser, Landlord, Letting Agent and/or Tenant acknowledge and agree that the Company is not liable for any
loss or damage which may be incurred by the User, Advertiser, Landlord,
Letting Agent and/or Tenant as a result of the
availability of any third party sites, or as a result of any reliance placed by
the User, Advertiser,
Landlord, Letting Agent and/or Tenant on the completeness
or accuracy of any advertising, products or other information available from
any third party sites.
26
SITE AVAILABILITY
26.1
The
Company will endeavour to have this Website running efficiently and accessible
at all times. However, the Advertiser, Landlord, Letting Agent and/or Tenant will
be notified on the homepage of this Website of any times when the Website may
be unavailable due to scheduled maintenance work.
26.2
The
Company will not be responsible for any unscheduled downtime which may occur as
a result of its servers experiencing technical problems, or the need to carry
out emergency maintenance work.
26.3
Neither
the Company nor any other party has control over the Internet which is a global
decentralised network of computer systems. Interruptions to this Website’s
availability may occur due to causes beyond the control of the Company, such as
system malfunction or failures of third parties. In these circumstances, the
Company will use its reasonable endeavours to restore the service as soon as
reasonably practicable.
27
TERMINATION
27.1
These Terms and
Conditions will apply until terminated by either, the Advertiser, Landlord,
Letting Agent and/or Tenant or the Company in accordance with Clauses 27.2, 27.3 or 27.4 below.
27.2 In the event that the Tenant wishes to terminate the legal agreement with the Company, the Tenant may do so at any time by notifying the Company and closing the Tenant’s Account. The Tenant’s notice should be sent via e-mail to info@studenttenant.com.
27.3
The
Company may terminate its legal agreement with either one of the
Parties or immediately if:
27.3.1
They breach any provisions of these Terms and Conditions
or the terms of the Privacy Policy;
27.3.2
The
Company is required to do so by law;
27.3.3
The
Company elects to terminate access to this Website by the Parties situated in
the country in which the Parties are resident or from which
the Parties may wish to use and/or access this Website;
27.3.4
The
Tenant Uploads any unlawful or offensive Reviews and/or Comments or any Reviews and/or Comments containing any libellous statements;
27.3.5
The
Advertiser, Landlord and/or Letting Agent fail to make Payments as required
under this Agreement;
27.3.6
Any
of the Parties are found to be manipulating this Website by carrying out any
activities including, but not limited to, hacking, using Trojan programmes or
attempting to launch automated systems, spiders or offline readers;
27.3.7
Any
of the Parties attempt to harvest personal
27.3.8
The
User or the Tenant uses the Website for non-agreed commercial purposes; or
27.3.9
THE
PARTIES EXHIBIT ANY OTHER UNREASONABLE BEHAVIOUR THAT THREATENS THIS WEBSITE.
27.4 In the event that the Advertiser, Landlord or Letting Agent wish to terminate the legal agreement with the Company, the Advertiser, Landlord or Letting Agent may do so at any time by notifying the Company. The Advertiser, Landlord or Letting Agent’s notice should be sent via e-mail to info@studenttenant.com.
27.5
For
the avoidance of doubt, termination in accordance with Clause 27.3.1, by the
Company may result in legal action being brought against the Advertiser,
Landlord, Letting Agent, the Tenant and/or the User.
27.6
Upon termination:
27.6.1
All of the legal rights,
obligations and liabilities that the Parties and the Company have been subject to which are expressed to continue indefinitely, shall
be unaffected by termination. Furthermore, the provisions of Clauses 15, 16,
19, 20, 21 and 23 shall survive termination and continue to apply to such
rights, obligations and liabilities indefinitely and reported to the local law
enforcement agencies, if necessary.
27.6.2
For
the avoidance of doubt, any Payments due to the Company by the Advertiser, the
Landlord or the Letting Agent and not yet paid to the Company, shall be paid to
the Company within 14 days of the termination of this Agreement.
28
WEBSITE DISCLAIMER
28.1
THE
COMPANY MAKES NO REPRESENTATIONS THAT THE PROPERTIES, REVIEWS AND/OR COMMENTS, AND/OR ADVERTISEMENTS ON THIS WEBSITE ARE
APPROPRIATE AND/OR CORRECT, AND VIEWING AND/OR ACCESSING THEM FROM TERRITORIES
WHERE THEIR CONTENTS ARE ILLEGAL IS PROHIBITED. ANY USERS, ADVERTISERS,
LANDLORDS, LETTING AGENTS OR TENANTS OF THIS WEBSITE WHO CHOOSE TO USE AND/OR
ACCESS THIS WEBSITE FROM OTHER LOCATIONS WILL BE DOING SO ON THEIR OWN
INITIATIVE AND WILL BE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE DOMESTIC
LAWS.
28.2
THE
COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT. THIS WEBSITE IS MADE AVAILABLE TO THE USER, THE
ADVERTISER, THE LANDLORD, THE LETTING AGENT, AND/OR THE TENANT “AS IS” WITHOUT
ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, ACCURACY (EITHER WHEN POSTED OR AS
A RESULT OF THE PASSAGE OF TIME) OF ANY PROPERTIES, REVIEWS AND/OR COMMENTS, AND/OR ADVERTISEMENTS ON THIS WEBSITE.
28.3
THE
COMPANY SHALL NOT BE RESPONSIBLE FOR ANY ADVICE GIVEN BY THIRD PARTIES ON THIS
WEBSITE, WHETHER GENERAL OR SPECIFIC, AND THE PARTIES AGREE TO INDEMNIFY THE
COMPANY IN ACCORDANCE WITH CLAUSES 21.5, 21.6 AND 23.1 IN RESPECT OF ANY
ACTIONS OR CLAIMS AGAINST THE COMPANY ARISING IN ACCORDANCE WITH THIS CLAUSE.
29
ENTIRE AGREEMENT AND
SEVARABILITY
29.1
These
Terms and Conditions, including the Privacy Policy from time to time constitute
the entire understanding between the Parties with respect to the subject matter
of this Website and supersede all prior terms and agreements between the
Parties relating to it.
29.2
If
any clause of these Terms and Conditions is held invalid or unenforceable, the
clause shall be construed in a m
30
FORCE MAJEURE
30.1
The
Company shall not be liable for any failure to perform its
obligations if caused by matters beyond its reasonable control, including the
following:
30.1.1
Acts of God such as
fire, flood, earthquake, storm, hurricane, or other natural disaster;
30.1.2
War, invasion, act of
foreign enemies, hostilities, (Whether war is declared or not), civil war,
rebellion, revolution, insurrection, military or usurped power or confiscation
and terrorist activity; or
30.1.3
Government sanction,
nationalisation, blockage, industrial dispute, lockout or failure of utility
service.
31
JURISDICTION AND CHOICE
OF LAW
31.1
These
Terms and Conditions shall be governed by the laws of England and Wales and the
Parties agree to submit to the exclusive jurisdiction of the English courts.
The Parties accept that nothing in this clause shall prevent the Company from
seeking and enforcing any injunctive relief in any country where the Website is
accessible to prevent any infringement of any laws or rules in such countries.
Date of latest
amendment: 03/02/2012.
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