StudentTenant.com Ltd: StudentTenant.com website Terms and Conditions of Use
Last updated: 30/07/2018
1.1 The StudentTenant.com website located at www.studenttenant.com (the Site) is operated by StudentTenant.com Limited (a limited company registered in England with registration number 09456136 whose registered office is at Clover House, John Wilson Business Park, Whitstable, Kent, CT5 3QZ (referred to as we, us, our in these terms).
1.2 In these terms we refer to anyone who uses the Site (whether registered or not and including Landlords and Tenants) as a User. To make these terms easier to read we also refer to users as you and your.
1.3 Before using the Site it is important that you read and understand these Terms and Conditions fully. If you are unsure of the meaning of any of these terms, please get in touch with us prior to using the Site.
2 Access to the Site and acceptance of these terms
2.1 By accessing and using the Site in any way you agree to these terms. At various points when using the Site we ask you to confirm your acceptance of these Terms. That is because they contain important information about both yours and Our rights and obligations.
2.2 You are responsible for making all arrangements to have access to the Site. We allow you to access the Site on a temporary basis. We reserve the right to withdraw or change the Site without notice. We may restrict access to the entire or some parts of the Site to Users who have registered. You are responsible for ensuring all persons who access the Site through Your internet connection are aware of these terms and comply with them.
2.4 Please read these terms carefully. They are legally binding and contain important information about rights and obligations.
If you have any questions about these terms please contact us by emailing [email protected].
3.1 Before you are able to upload Content to the Site you need to register and create a profile.
3.3 Once a user has registered we:
3.3.1 allow Landlords to make available details about their properties and current rental offers;
3.3.2 allow Tenants and prospective Tenants who register with us to contact Landlords (directly or through Us) about their properties and current rental offers;
3.3.3 allow both Tenants, prospective Tenants and Landlords to book viewings and properties through an online booking facility
3.4 When you register you must provide your real name, genuine contact details and all of the information we request. Once registered you will be able to login using your email address and password set by you to update these details.
3.5 Once you have registered, you will receive an email through which you will need to verify your account before you can upload Content to the Site.
3.6 In these terms Content includes all text, images, photos, video, audio, ratings and other material users upload to the Site, and Content Policy means our content policy set out in paragraph 19.
3.7 If registering as a Landlord, you confirm that you are the legal owner of the property and/or have the right to offer it for rental and that you are aware of your legal obligations as a Landlord.
4 Changes to these terms
4.1 We may revise and update these terms at any time. We will indicate at the top of the page when these terms were last revised and if you are a registered user, we will notify you by sending an e-mail to the e-mail address we have for you. Your continued use of the Site after a change indicates your agreement to the change.
5 Entering legal agreements
5.1 If you are a Tenant it is important you recognise that the Site provides a platform for Landlords to advertise their properties and rental offers. If you choose to lease a property you have found through the Site, you may enter a direct legal relationship with the Landlord. It is your responsibility to decide whether the terms offered by the Landlord meet your requirements, and if you are unsure about any part of the Landlord's terms you should seek independent legal advice.
5.2 You agree that we will not be responsible for any costs, expenses (including legal and other professional fees and expenses), losses, damages or other liabilities you suffer or incur arising out of any tenancy agreement you enter, or any other interaction you have directly with a Landlord (unless the same results from a breach of our obligations under these terms).
5.3 As a User you should make your own investigations before entering any tenancy agreement, and should not make any decision to enter a tenancy agreement based solely on the information contained on this Site.
6 Keeping your user account information secure
6.1 You are responsible for maintaining the confidentiality of your username and password and you are responsible for all use of your username and password, whether or not authorised by you. If you think somebody else knows your username and password you can change it by logging into Your user account and editing it.
6.2 You must contact us at [email protected] if you believe your account is no longer secure.
7 Our rights to restrict access to the Site and to suspend or terminate user accounts
7.1 We reserve the right at any time to restrict access to the Site.
7.2 We reserve the right at any time to suspend or terminate your user account. We will only do so where: (a) we have good reason to believe that your user account has become insecure; or (b) where you, or someone using your username and password, has breached these terms or we have good reason to believe that is the case; or (c) we are withdrawing the Site or changing the way it operates. We are under no obligation to reactivate your user account after suspending or terminating it.
8 Materials other than Content
8.1 Except for Content uploaded by Users, all materials within the Site (including text, images, photos, video, audio, source code, object code, and other material) and all intellectual property rights (including copyright, trademarks, database rights and all other intellectual property rights) arising in that material and the Site (together StudentTenant.com Materials) are owned by us or our licensors.
8.2 We grant you a limited licence to access and use the StudentTenant.com Materials and Content uploaded by other Users, provided that you keep all copyright and other proprietary notices intact. Unless you are a Landlord providing information about your own properties and current rental offers, you are not permitted to use any part of the Site for commercial purposes.
8.3 You may not copy, distribute, modify, adapt, translate, reproduce in whole or in part any of the StudentTenant.com Materials or any Content uploaded by any other User without our prior written permission, except that you are permitted to reproduce and display the StudentTenant.com Materials or any Content uploaded by any other User solely for your personal use in connection with viewing the Site and as a genuine User of the Site.
8.4 'StudentTenant.com', the 'StudentTenant.com' logo and other marks used on the Site are our trademarks (or those of our licensors) and may not be used without our prior written permission.
9 Content you upload to the Site
9.1 You alone are responsible for the content, accuracy and suitability of any Content you upload to the Site, and for the consequences of uploading Content. We will not be responsible for or liable to you or any third party for any Content you upload, or that is uploaded by another user.
9.2 You must ensure that Content you upload to the Site conforms to our Content Policy. When you upload Content to the Site we will require you to confirm that it conforms this policy.
9.3 You may only upload Content to the Site that you have created or which you have permission to upload from the creator. You confirm to us that you own the Content you upload or otherwise have all necessary rights (including copyright, trademarks and other intellectual property rights) and consents to upload the Content and to allow us and other Users to use the Content in the manner set out in these terms.
9.4 You agree that you will not receive any payment or any other compensation for uploading Content to the Site. We do not claim ownership of Content you upload and you will retain full ownership of all Content you upload to the Site, subject to the rights you grant to us and other users in these terms.
9.5 You are responsible for making back-up copies of Content you upload to the Site. We are not liable to you or any third party for any loss or corruption of or damage to any Content you upload to the Site.
10 Our right to use Content you upload to the Site
10.1 By creating, uploading, posting, sending, storing or otherwise making available any Content on the Site, you give us a royalty-free, worldwide, non-exclusive, perpetual right and licence to:
10.1.1 make copies of and use the Content to facilitate the hosting and availability of the Content for other Users (including through search tools and other filtering mechanisms) taking into account which parts of the Content you have chosen to share, to manage your profile and user account and generally to operate the Site in the manner envisaged by these terms;
10.1.2 move or copy Content to parts of the Site other than the part to which you uploaded it;
10.1.5 copy, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, display and otherwise use on the Site and in any other marketing, promotion or publicity media on- or off-line (including trade and other press) any part of the Content and/or incorporate the Content into any other works in any form, media or technology now known or later developed, in all cases for the purpose of promoting and making available the Site; and
10.1.6 use, modify, delete or add to Content for any of the above purposes or otherwise as envisaged by these terms (and you particularly acknowledge our right to do the same where we believe that Content you have uploaded does not conform to our Content Policy).
11 No moderation or monitoring
11.1 We do not as a matter of course monitor or moderate any Content uploaded to the Site. It is your responsibility to ensure that your Content complies with these terms. We may from time to time monitor or moderate any Content uploaded to the Site as a result of receiving a report under paragraph 12 or otherwise if we have reason to believe any Content does not comply with these terms. Such moderation may include deleting the Content without notice.
12.1 If you believe that any Content on the Site is contrary to the Content Policy, infringes any intellectual property or privacy rights of yours or any third party, or otherwise breaches these terms, you may report it by using the reporting links on the Site. To do so you must:
12.1.1 click on the 'report issue' button (if you wish to report an issue with a Landlord's property or rental offer, or a technical issue with the Site);
12.1.2 in the report form that appears complete the contact details requested, indicate why you are reporting the relevant Content and, if you wish, submit any other information you consider relevant to your report;
12.1.3 read and agree to the statement that appears in the report form by ticking the appropriate box; and
12.1.4 click 'submit' to send your report.
12.2 When you submit a report it will be forwarded to our Site administrators who will review the relevant Content and decide whether to delete it or to allow it to remain on the Site, and decide on any other necessary action, making that decision by reference to these terms including particularly the Content Policy.
12.3 If you uploaded Content that is removed from the Site after receipt of a report, we will send you an e-mail notification. We will replace the relevant Content with a message indicating that it has been removed. The e-mail notification we send you may invite you to submit new Content or to upload a new offer, as applicable. You can do so if you want but do not have to.
12.4 If you submit a report and we decide not to remove the relevant Content from the Site we may send you an email explaining why but are not obliged to do so.
12.5 If you disagree with a decision we make to remove Content you have uploaded, or to allow Content to remain on the Site after you have reported it you can contact us at [email protected] and, if appropriate, we may discuss the matter with you further. You should note, however, that our decision remains final in respect of whether particular Content should remain on the Site or be removed.
13 Charges and payment
13.1 Where we make services available through the Site (such as property advertising services for Landlords or application processing services for Tenants) the applicable charges will be those stated on our Site at the time the Service is ordered (unless there is an obvious error in the stated charges, in which case we reserve the right to correct them).
13.2 Normally you will have to pay us in advance of us providing a service. If we agree to charge you in arrears for a service any invoice we issue to you is payable by the date for payment as set out on that invoice.
13.3 As we provide services immediately following payment of the charges, you have no right to cancel a request for services once payment has been made. Although you have the right to cancel a request for services within 7 (seven) days in some circumstances, you accept that this "cooling-off period" does not applu and you will not be able to cancel an order once we start to perform services. This does not limit or exclude your right to a full or partial refund where we are in breach of our obligations under this Agreement.
13.4 Without prejudice to our other rights, interest will be payable on all charges and other amounts which are overdue at 4% (four per cent) above the Barclays Bank Plc base rate from time to time, calculated from the due date for payment until the date of actual payment.
13.5 We will indicate on the Site which payment methods we accept.
14 Linking to and framing the Site
14.1 You may link to any page on this Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists, from any website that is not owned by you or from any website which does not comply in all respects with the standards reflected in the Content Policy. You must always make it clear that the content you are linking to came from this Site. You must not frame the Site on any other site.
14.2 We reserve the right to withdraw linking permission without notice.
15 Links from and advertising on the Site
15.1 The Site may include advertisements from third parties and/or provide links to third party web sites (including those of third parties who advertise on the Site).
15.2 Linked sites are not under our control, and we make no warranties or representations as to the quality, suitability, functionality or legality of the sites to which the Site may provide links. We accept no responsibility for these sites or for any loss or damage that may arise from your use of them.
15.3 We make no warranty or representation as to the quality, suitability, functionality or legality of goods or services provided or performed by any third party that advertises on the Site, and do not offer any endorsement of any such third party. We accept no responsibility for goods or services provided or performed by any third party that advertises on the Site, or in any way for any contract, relationship or dealing you have with any such third party. If you intend to purchase goods or services from any third party that advertises on the Site you should make your own investigations into that third party and ensure that any contract you enter into with it is suitable for your requirements and offers you adequate protections that meet your expectations.
16 Viruses, hacking and other offences
16.1 You must not misuse the Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the servers on which the Site is hosted, or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
16.2 We will not be liable for any loss or damage caused by a denial-of-service attack, distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
17.1 You expressly acknowledge and agree that:
17.1.1 the Site is provided on an "as is" basis and that we make no warranty that the Site will be uninterrupted, secure or error free;
17.1.2 from time to time we may suspend or restrict access to Site in order to carry out repairs, maintenance or to introduce new facilities;
17.1.3 Content and StudentTenant.com Materials available through the Site are provided for information purposes only and are not an endorsement or recommendation by us in respect of any Landlord;
17.1.4 Content is provided by Tenants or Landlords and not by us, and we therefore provide no assurances that the use by you of Content will not infringe third party rights, such as copyright.
17.1.5 you use the Site at your sole risk and, in particular, you are solely responsible for any decision you make to enter any tenancy agreement or any other agreement in respect of any property or rental offer advertised on the Site;
17.1.6 Content and StudentTenant.com Materials (including software and data) obtained through the use of the Site are obtained at your own discretion and risk and we are not responsible for any damage caused by you obtaining the same from the Site.
17.2 We shall not be liable for, or be deemed to be in breach of these terms as a result of any delay in performing or failure to perform any of our obligations where that delay or failure is caused by any circumstances beyond our reasonable control including (but not limited to) act of God, strike, lock out, industrial actions, war, terrorism, riot, civil commotion, vandalism, lightning, fire, storm, flood, earthquake, power failure or explosion, governmental restraint, act of Parliament, other legislation, by-law, prohibition, measure or directive of any kind of any governmental, parliamentary, local or other competent authority.
18 Limitation of liability
18.1 You acknowledge that as we do not charge for making the Site available we are not able to accept liability in respect of it unless we have breached our obligations under these terms, and then only to the extent set out in this paragraph 18.
18.2 You acknowledge that based on your agreements and acknowledgements set out in paragraph 17 and subject to paragraph 18.5 we shall not be liable to you for:
18.2.1 the Site being unavailable, insecure or containing errors;
18.2.2 any reliance you or any person acting through you place on the Content or any other material provided through the Site;
18.2.3 any use by you of the Content infringing third party rights, such as copyright or rights to privacy.
18.3 Subject to paragraph 18.5, we shall not be liable to you (whether by reason of our negligence, any non-fraudulent misrepresentation, any breach of these or an express or implied warranty, condition or other term, breach of statutory duty, or otherwise) for any:
18.3.1 loss of profits; or
18.3.2 damage to reputation;
18.3.3 loss of anticipated savings;
18.3.4 loss of anticipated revenues;
18.3.5 loss of business opportunities;
18.3.6 loss of contracts;
18.3.7 loss of goodwill;
18.3.8 loss or corruption of any data;
18.3.9 claim, action or demand made against you by any third party; or
18.3.10 indirect loss, damage, cost, expense or claim whatsoever; which arises out of or in connection with these terms.
18.4 Subject to paragraph 18.5, the aggregate liability (inclusive of interest and legal and other costs) of us to you in respect of all claims arising under or in connection with your use of the Site and these terms (whether by reason of any negligence by us or any of its employees or agents, any non-fraudulent misrepresentation, any breach of these terms or an express or implied warranty, condition or other term, breach of statutory duty, or otherwise) shall not in any event exceed:
18.4.1 £100 (GBP one hundred) if you are a Tenant or any other user other than a Landlord; and
18.4.2 the charges you have paid to us if you are a Landlord.
18.5 Nothing in these terms shall operate to limit or exclude the liability of either party for any death or personal injury caused by its negligence or that of any of its employees or agents, any fraud or fraudulent misrepresentation, or for any other matter in respect of which liability cannot lawfully be limited or excluded.
19 Content Policy
19.1 You are responsible for your use of the Site including any Content you upload to the Site. In return for being allowed to use the Site, you agree to comply with the policy set out in this paragraph 19, which governs the way in which you may use the Site and upload Content to it.
19.2 Prohibited Content: You will not upload Content that:
19.2.1 is demeaning, malicious, defamatory, abusive, offensive, or hateful;
19.2.2 is unlawful, infringing, deceptive, inaccurate, misleading, fraudulent, or invasive of privacy or publicity rights;
19.2.3 makes threats of any kind or that intimidates, harasses, or bullies anyone;
19.2.4 is obscene, pornographic or sexually explicit;
19.2.5 depicts violence;
19.2.6 promotes, facilitates or organises any civil disturbance or riot;
19.2.7 if you are a Landlord, is not compliant with the UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (CAP Code), the Consumer Protection from Unfair Trading Regulations 2008 (CPR), the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR) or any other applicable advertising or promotions law, regulation or code of practice or any industry code to which you are a signatory;
19.2.9 is an upload of any Content that we have previously removed from the Site for any reason, other than to the extent you have amended the same to address adequately the reason for the removal;
19.2.10 contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality or any computer software or hardware or telecommunications equipment, including the Site itself;
19.2.11 encourages conduct that would violate or violates any law or advocates illegal activity;
19.2.12 contains restricted or password only access pages or hidden pages or images;
19.2.13 seeks to promote, endorse, advertise or encourage any user to use the services of any other letting agent or external property related website; or
19.2.14 provides a link to any of the above,
and Content referred to in this paragraph 19.2 is Prohibited Content.
19.3 Prohibited Activities: When using the Site or any facilities available through the Site, you will not:
19.3.1 solicit personal information from anyone under 18;
19.3.2 upload any Content relating to another person including any personal details of another person without that person’s consent
19.3.3 post any Content where the subject matter of the Content includes any individuals under the age or 18 or other vulnerable individuals without obtaining the consent of the applicable parent or guardian;
19.3.5 harvest or collect email addresses or other contact information from other users or visitors for the purposes of sending unsolicited emails or other unsolicited communications;
19.3.6 send or make available any unsolicited or unauthorised advertising, promotional materials, "spam", "chain letters", "pyramid schemes" or any other form of solicitation (but for the avoidance of doubt, information about Landlords, their properties and rental offers are permitted as long as the same comply with paragraph 19.2);
19.3.7 use the Site in any unlawful manner or in any way that could damage, disable, overburden or impair the Site or the website on which it is available;
19.3.8 use automated scripts to collect information from or otherwise interact with the Site;
19.3.9 impersonate any person or entity or misrepresent yourself in any way;
19.3.10 use or attempt to use another person's details or create a false identity on the Site;
19.3.11 sell or otherwise transfer your registration to the Site (other than where a Landlord sells the whole of its property rental business as a going concern);
19.3.12 abuse, threaten, intimidate or harass anybody;
19.3.13 engage in any predatory or stalking conduct;
19.3.14 use the Site for any illegal or unauthorised purpose; or
19.3.15 circumvent or modify, or attempt to circumvent or modify, any security technology or software that are part of the Site, and the activities referred to in this paragraph 19.3 are Prohibited Activities.
19.4 The uploading of Prohibited Content and/or the doing of any of the Prohibited Activities described in this Content Policy will be a material breach of these terms. We reserve the right to delete from the Site any Content that violates these terms. We reserve the right to terminate or suspend the user account of any user who has (or who we reasonably suspect to have) uploaded Prohibited Content or done any of the Prohibited Activities, or to restrict the access of any such user to the Site. We are under no obligation to reactivate any user account or remove any restriction on access to the Site following any termination, suspension or restriction.
19.5 We may disclose your name and contact details where we are required to do so under a court order, or following any other request (including in respect of criminal and civil matters) if we believe that the response is required by law or is reasonably necessary to protect the vital interests of another User.
19.7 You will reimburse us for any losses, damages, costs, fines, expenses or liabilities we incur arising out of or in connection with your breach of the Content Policy (including but not limited to where a third party brings any action against us linked to your breach of the Content Policy).
20.1 Assignment: You shall not be entitled to assign, subcontract or otherwise dispose of any of your rights or obligations under these terms without our prior written consent. We may assign, subcontract or otherwise dispose of any of our rights and obligations under these terms at any time without your consent and in accordance with the applicable laws.
20.2 Severance: If any of these terms are declared void or unenforceable by any court or other body of competent jurisdiction, or is otherwise rendered so by any applicable law, that term shall to the extent of such invalidity or unenforceability be deemed severable and all other terms not affected by such invalidity or unenforceability shall remain in full force and effect. If any term is so found to be invalid or unenforceable but would be valid or enforceable if some part of it were deleted, the term in question shall apply with such modification(s) as may be necessary to make it valid and enforceable.
20.3 Entire agreement: These terms are the entire agreement and understanding, and supersede any previous agreement(s), between the parties in connection with their subject matter.
20.4 Third parties: Unless expressly stated in these terms, nothing in these terms shall confer any rights on any person under the Contracts (Rights of Third Parties) Act 1999.
20.5 Waiver: No delay or failure by either party in enforcing any of these terms shall be deemed a waiver or create a precedent or in any way prejudice that party's rights under these terms, nor shall any single or partial exercise of any right or remedy in any circumstances preclude any other or further exercise of it or the exercise of any other right of remedy. The rights and remedies provided in these terms are cumulative and are additional to any rights or remedies provided by law.
20.6 Jurisdiction and governing law: These terms and all claims arising out of or in connection with these terms and the Site shall be governed by and construed in accordance with the laws of England and the European Union. If you use the Site in the course of your trade or business any dispute arising under these terms or out of or in connection with the Site shall be subject to the exclusive jurisdiction of the courts of England. If you use the Site as a consumer (that is, not in the course of your trade or business), you may bring a claim arising under these terms or arising out of or in connection with the Site in the courts of the country in which you are resident.