Terms And Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS AND PROVIDE INFORMATION REGARDING LIMITATIONS, DISCLAIMERS AND EXCLUSIONS AS WELL AS CLAUSES THAT GOVERN THE CHOICE OF LAW, JURISDICTION AND VENUE FOR THE RESOLUTION OF DISPUTES. THESES TERMS AND CONDITIONS ALSO CONTAIN OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
b) Houseandflatshare.co.uk (the Site) is operated by House and Flatshare Limited whose registered office is APARTMENT 71 DIDSBURY GATE 1 HOUSEMAN CRESCENT MANCHESTER ENGLAND M20 2JB, company number 08648630.
c) Your use of the Site confirms that you accept and agree to be legally bound by the Terms and the Policy as posted at the time you visit the Site. This is regardless of whether you chose to register with us. The Terms govern your use of and access to the Site. If you do not accept these Terms and/or the Policy you must leave the Site immediately.
d) We reserve the right to change the content of the Terms and the Policy at any time by posting an updated version of the Terms and/or the Policy on the Site, at which point the updated version of the Terms and/or the Policy will be immediately effective and binding on you. Your continued use of the Site after any such changes have been posted will be deemed as your consent and acceptance of such changes.
e) Certain clauses contained in the Terms and/or the Policy may be superseded by expressly designated terms located on particular pages of the Site. Such expressly designated terms take precedent over the relevant clauses in these Terms and/or the Policy.
a) You are able to access most areas of the Site without creating an account and becoming a registered member. Certain areas of the Site however, can only be accessed by registered members.
b) Each registration is for a single user only.
c) Registering with the Site amounts to an acceptance of the Terms and the Policy to the exclusion of any other Terms & Conditions. A request by a user to vary the Terms and/or the Policy shall be not be binding unless agreed in writing by us.
a) As a registered Landlord member you are able to:
i. Create an account on the Site.
ii. Submit a Landlord advertisement to us for validation.
iii. Display an Landlord advertisement on the Site
iv. Receive notifications that messages have been received from registered Housemates and view the content of the message
v. Send messages to registered Housemate
vi. View registered members profiles
b) As a registered Housemate member you are able to:
i. Create an account on the Site.
ii. Submit a Housemate advertisement to us for validation.
iii. Display a Housemate advertisement on the Site
iv. Receive notifications that messages have been received from registered Landlords and view the content of the message
v. Send messages to registered Landlords
vi. View registered members profiles
a) The prices payable for membership are clearly set out on the Site.
b) Prices are inclusive of any applicable value added tax or other sales tax.
c) All monies paid by you to us are non-refundable and cancellation and/or termination of this agreement by you or us at any time for any reason will not entitle you to a refund of monies paid.
A) We take care to make the Site safe for you to use. Card payments are not processed on a page controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
a) You acknowledge and accept that:
i. All payment processing, including collection of financial information and processing of payment and/or approval is undertaken by a third party known as PayPal (Europe) S.à r.l. et Cie, S.C.A. (PayPal);
ii. We simply pass to PayPal a specification or description of the product purchased and its value in order that PayPal may provide us with notification of successful payment.
a) We reserve the right to refuse to list, to remove or to edit the content of any advertisement which we deem to be in violation of the Terms at our sole and absolute discretion. In such circumstances no refunds will be given and we reserve the right to cancel contractual obligations with any user.
b) We also reserve the right to suspend an account and/or ban any user from the Site if we consider that the user has breached the Terms. Such a suspension or ban may be permanent or temporary. In these circumstances the user shall be notified of the suspension/ban by email and must not then attempt to access or use the Site through another account. No refund will be given and any monies paid will be retained by us to cover our costs.
c) If we receive a complaint regarding an advertisement we reserve the right to temporarily remove the advertisement and/or suspend the account of the user in question whilst we investigate the matter.
d) Where we commit a publishing error or misprint in relation to the moderation of an advertisement the user must notify us of such an error within 7 days. In such circumstances we may at our sole and absolute discretion remove the advertisement from the Site and provide the user with a partial or full refund or re-advertise the advertisement on the Site. The removal, re-advertisement, partial or full refund shall not apply where the error or misprint fails to materially detract from the advertisement or when the error or misprint is not brought to our attention within 7 days of the publication of the advertisement.
e) If you are a citizen of the European Union and you buy as a consumer as defined in the Consumer Protection (Distance Selling) Regulations 2000, then:
i. Subject to the further provisions below, you may cancel the placement of an advertisement within seven days of having placed the advertisement for validation and we shall refund your payment in full.
ii. You accept that once we have begun providing services in relation to the advertisement (including but not limited to reviewing/validating the advertisement for moderation purposes) before the expiry of the seven day period the right to cancel is lost.
iii. If it was urgent that we should start to provide the services immediately after you placed the advertisement for validation, and we did start the services, we are obliged to refund to you only the pro rate proportion of the cost that relates to the incomplete portion of the services.
iv. You have no right to cancel a service which has been delivered to you via the Internet.
f) Any refund of money due to you will be paid within 30 days of our agreement to provide you with a refund.
g) Where you advertise as a trade advertiser and/or on a commercial basis you are not entitled to a refund under any circumstances.
a) You are solely responsible for maintaining the confidentiality of your account and password, as selected by you or assigned to you by us. You are required to take all reasonable steps to ensure that others do not gain access to your password and/or account.
b) You are solely responsible for any and all statements made and acts or omissions that occur through the use of your password and/or account, including any communications sent and any charges incurred.
c) We do not permit you to share or transfer your username and/or password and/or account with any other person nor with multiple users on a network.
d) We reserve the right to immediately suspend and/or terminate your account in the event of any unauthorised use, transfer or sharing of your password and /or account.
a) You are prohibited from publishing on the Site any material, whether written, photographic or otherwise that includes:-
i. Your telephone number(s);
ii. Your web address(es);
iii. Your email address(es);
iv. Terms such a ‘follow me on twitter’ or ‘view me on facebook’
v. Any other details which may entice users away from the Site.
b) You must:-
i. Only publish information on the Site which is true and accurate to the best of your knowledge and not in any way inaccurate or misleading.
ii. Not publish content that is defamatory, libelous, threatening, menacing, seditious, abusive, obscene, offensive, overtly sexually explicit or sexually suggestive, pornographic, indecent, unlawful, harmful, bigoted, discriminatory, harassing, racially offensive, or liable to incite racial hatred.
iii. Not publish content that constitutes, or encourages conduct that would be considered a criminal offence, give rise to a civil liability or otherwise breach any applicable local, state, national or international law or regulation.
iv. Not publish content for which you do not have all necessary copyright, licences, permission and/or approvals.
v. Not publish content that is technically harmful including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data.
vi. Not use automation software to send multiple messages to other users of the Site. Users found to be sending automated emails may have their accounts suspended and/or cancelled.
vii. Not misuse the Site including, without limitation, by hacking or otherwise disrupting the Site using automated programs, spiders, web crawlers or robots to access or harvest data for use on external websites or for marketing purposes of any kind. Such actions are prohibited and will be considered a misuse of the Site.
c) You shall warrant:-
i. That all uploaded content, including videos and photographs, are current and accurate representations of the rooms available for let.
ii. All necessary copyright, licences and/or approvals are owned or controlled by you.
iii. That all videos and photographs submitted by you and uploaded by us do not contain material that may be regarded as sexually explicit, illegal, inflammatory, offensive or obscene.
d) We aim to moderate all content but do not guarantee that the type of material referred to clause 8(b) or any other inappropriate material will be immediately removed or deleted from the Site. Failure by us to remove or delete such content does not:-
i. Waive our right to do so in subsequent or similar cases;
ii. Hold us liable for any such content; or
iii. Amount to our endorsement of such content.
e) You agree to indemnify us in full for any loss or damage incurred/suffered by us for breach of the Terms and/or the Policy. If your use of material/content on the Site results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
a) Whilst we endeavor to ensure that the Site is available 24 hours a day, we shall not be liable for any loss if for any reason the Site is unavailable or the use of the Site is interrupted at any time or for any period of time.
b) Access to the Site may be suspended temporarily and without notice in case of, but not limited to, system failure, maintenance or repair of the Site or for any reason beyond our control.
a) All material published on the Site is published in good faith. Whilst we endeavor to ensure that the information on the Site (or contained in any document/message obtained from the Site) is accurate and correct we do not:-
i. Have any knowledge of, and do not inspect any of, the properties appearing on the Site.
ii. Make any guarantee, representation or warranty in relation to the accuracy or completeness of the information on the Site.
iii. In any circumstances assume responsibility for the accuracy or otherwise of any content, advertisement or message.
iv. Accept liability for any errors, omissions or inaccuracies or otherwise of any content, advertisement or message.
v. Make any guarantee, representation or warranty in relation to the results from the use of the Site.
b) We may make changes to the material on the Site, or to the products and/or services described in it, at any time without notice. The material on the Site may be out of date, and we make no commitment to update such material nor accept any liability for failure to do so.
c) The material on the Site is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Site on the basis that the we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these Terms, might have effect in relation to the Site.
d) We do not under any circumstances endorse any of the landlords or any of the rooms that appear to be advertised on the Site and do not and cannot make any guarantee, representation or warranty as to the availability, quality, compliance with relevant legislation of the room advertised nor any guarantee, representation or warranty in relation to the reliability, honesty or behaviour or the landlord and/or any other occupier of the property. We do not accept any liability or responsibility for any resulting loss or damage of any nature whatsoever or howsoever arising;
e) We do not under any circumstances endorse any of the lodgers or any of their details that appear to be included on the Site and do not and cannot make any guarantee, representation or warranty as to their reliability, honesty, behavior or credit worthiness (including past rental history or ability to pay rent). We do not accept any liability or responsibility for any resulting loss or damages of any nature whatsoever or howsoever arising.
a) We do not accept liability of any description (except for personal injury or death) including liability for negligence for any damages whatsoever resulting from loss of use, data or profits arising out of or in connection with the viewing, use or performance of the Site or its contents.
b) In no event shall we or our affiliates be liable to you as user or advertiser or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of business revenue, profits or consequential loss whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with our services, the content or any web site referenced or linked to from the site
a) You are permitted to print hard copies and download extracts from the Site for your personal, non-commercial use. You may also permit your computer to make a transient copy of the contents of the Site for online viewing only. You may not copy any contents of the Site to third parties including but not limited to caching.
b) The permissions provided in Clause 12(a) are on the condition that:-
i. No documents or related graphics on the Site are modified in any way
ii. No graphics on the Site are used separately form the corresponding text and;
iii. Our copyright and trademark notices and this permission notice appear in all copies.
c) Subject to clause 12(a) no part of the Site may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
d) Any infringement of our intellectual property rights including through copying whether in electronic, hard copy or other format, distribution, adaptation, broadcasting, republishing is prohibited and shall be strictly enforced.
e) Unless otherwise specified the copyright and all other intellectual property rights in the contents of all the pages in the site are owned or licensed by us.
f) If you breach the Terms and/or Policy your permission to use the Site automatically terminates and you must immediately destroy any downloaded or printed extracts from the Site.
g) Any rights note expressly granted in the Terms are reserved.
a) Our service to you is an introductory service only. We do not provide you with any advice.
c) Nothing in these Terms and the Policy is intended to confer on any person any right to enforce any provision of these Terms and/or the Policy which that person would not have had but for the Contracts (Rights of Third Parties) Act 1999 or subsequent legislation.
d) If any of terms of these Terms and/or the Policy is held to be void and/or unenforceable in whole or in part, the remaining terms shall continue to be valid. No waiver by us shall be effective expect in relation to the matter in respect of which it was specifically provided.
e) We shall fully co-operate with any law enforcement authorities or Court Order requesting or directing us to disclose the identity or location of anyone posting content in breach of the Terms and/or the Policy.
g) These Terms and the Policy, shall be construed under and governed by the laws of England and you hereby submit to the exclusive jurisdiction of the English Courts and therefore disputes arising relating to the Terms and/or the Policy shall be subject to the exclusive jurisdiction of the English Courts.