Terms and Conditions
These terms
and conditions are the contract between you and Lettings U Know (“us”, “we”, etc). By visiting or using Our Website,
you agree to be bound by them.
They are
based on a set written by Net Lawman
and released under licence. They protect your rights as well as ours.
I/ We are Holidaycom
Limited, a company registered in England,
number 7426555. Our registered office address is 4 Chartfield House, Castle
Street, Taunton, UK, TA1 4AS.
You are:
Anyone who uses Our Website.
Please read
this agreement carefully and save it. If you do not agree with it, you should
leave Our Website immediately.
These are the agreed terms
1.
Definitions
|
“Content” |
means the textual, visual or
aural content that is encountered as part of your experience on Our Website.
It may include, among other things: text, images, sounds, videos and
animations. It includes content Posted by you. |
|
“Directory” |
means the reviews and
information database directory of UK residential tenancy and property reviews,
the purpose of Our Website. |
|
"Intellectual
Property" |
means intellectual property
owned by us, of every sort, whether registered or registrable in any country,
including intellectual property of all kinds coming into existence after
today; and including, among others, patents, trademarks, unregistered marks,
designs, copyrights, software, domain names, discoveries, creations and
inventions, together with all rights which are derived from those rights. |
|
“Our Website” |
means any website or service
designed for electronic access by mobile or fixed devices which is owned or
operated by us. It includes all web pages controlled by us. |
|
"Post" |
means place on or into Our
Website any Content or material of any sort by any means. |
|
“Services” |
means all the services
available from Our Website. |
2.
Your account and personal
information
2.1.
When you visit Our Website, you
accept responsibility for any action done by any person using your name,
account or password. You should take all necessary steps to ensure that the
password is kept confidential and secure and should inform us immediately if
you have any reason to believe that your password has become known to anyone else,
or if the password is being, or is likely to be, used in an unauthorised
manner.
2.2.
You agree that you have
provided accurate, up to date, and complete information about yourself. We are
not responsible for any error made because of such information being
inaccurate.
2.3.
You agree to notify us of any
changes in your information immediately it occurs. If you do not do so, we may
terminate your account.
3.
Inclusion in the Directory
3.1.
We may place data in the Directory
or edit or remove any entry.
3.2.
Data placed by us is obtained
from open sources on the Internet or elsewhere.
3.3.
A data subject may edit his
entry at any time.
3.4.
We may preserve or disclose
data placed in the Directory by any person:
3.4.1
to comply with the law,
including any judicial order.
3.4.2
to respond to any claim by a
third party.
3.4.3
to protect the rights of any person.
3.4.4
to disseminate information in
the normal course of use of the Directory.
4.
How we handle your data
4.1.
Our privacy policy is strong
and precise. It complies fully with the Data Protection Act 2018 which is at [link to LUK
privacy policy].
4.2.
If you Post Content to any
public area of Our Website it becomes available in the public domain. We have
no control over who sees it or what anyone does with it.
4.3.
Even if access to your data is
behind a user registration, it remains effectively in the public domain because
someone has only to register and log in, to access it. You should therefore
avoid Posting unnecessary confidential information.
4.4.
You understand that you are
personally responsible for your breach of intellectual property rights,
defamation, or any law, which may occur as a result of any Content having been
Posted by you.
4.5.
You accept all risk and
responsibility for determining whether any Posting is in the public domain and
not confidential.
4.6.
Please notify us of any
security breach or unauthorised use of your account.
5.
Restrictions on what you may
Post to Our Website
We invite you to Post Content to
Our Website in several ways and for different purposes. We must regulate your
use of Our Website to protect our business and our staff, to protect other
users of Our Website and to comply with the law. These provisions apply to all
users of Our Website.
We do not undertake to moderate or
check every item Posted, but we do protect our business vigorously. If we
believe Content Posted breaches the law, we shall co-operate fully with the law
enforcement authorities in whatever ways we can.
You agree that you will not use or
allow anyone else to use Our Website to Post, upload Content or undertake any
activity which is or may:
5.1.
be unlawful or tend to incite
another person to commit a crime.
5.2.
consist in commercial audio,
video or music files.
5.3.
be obscene, offensive,
threatening, violent, malicious or defamatory.
5.4.
be sexually explicit or pornographic.
5.5.
be likely to deceive any person
or be used to impersonate any person, or to misrepresent your identity, age or
affiliation with any person.
5.6.
give the impression that it
emanates from us or that you relate to us or that we have endorsed you or your business.
5.7.
post Content on behalf of some
other person or impersonate another person.
5.8.
use a Posting to solicit
responses unconnected with the purpose of Our Website or the terms proposed by
this agreement.
5.9.
request or collect passwords or
other personal information from another user without his permission, nor Post
any unnecessary personal information about yourself.
5.10.
be used to sell any goods or
services or for any other commercial use not intended by us, for yourself or
for any other person. Examples are sending private messages with a commercial purpose
or collecting information with the intention of passing it to a third party for
his commercial use.
5.11.
link to any of the material
specified in this paragraph.
5.12.
post excessive or repeated
off-topic messages to any forum or group.
5.13.
send age-inappropriate
communications or Content to anyone under the age of 18.
6.
Your Posting: restricted
Content
In connection with the restrictions
set out below, we may refuse or edit or remove a Posting which does not comply
with these terms.
In addition to the restrictions set
out above, a Posting must not contain:
6.1.
hyperlinks, other than those
specifically authorised by us.
6.2.
keywords or words repeated,
which are irrelevant to the Content Posted.
6.3.
the name, logo or trademark of
any organisation other than yours.
6.4.
inaccurate, false, or
misleading information.
7.
Removal of offensive Content
7.1.
For the avoidance of doubt,
this paragraph is addressed to any person who comes on Our Website for any
purpose.
7.2.
We are under no obligation to
monitor or record the activity of any user of Our Website for any purpose, nor
do we assume any responsibility to monitor or police Internet-related
activities. However, we may do so without notice to you and without giving you
a reason.
7.3.
If you are offended by any Content,
the following procedure applies:
7.3.1
your claim or complaint must be
submitted to us by post or email.
7.3.2
we shall remove the offending
Content as soon as we are reasonably able.
7.3.3
after we receive notice of a
claim or complaint, we shall investigate so far as we alone decide.
7.3.4
we may re-instate the Content
about which you have complained or not.
7.4.
In respect of any complaint
made by you or any person on your behalf, whether using our form of complaint
or not, you now irrevocably grant to us a licence to publish the complaint and
all ensuing correspondence and communication, without limit.
7.5.
You now agree that if any
complaint is made by you frivolously or vexatiously you will repay us the cost
of our investigation including legal fees, if any.
8.
Our Website: moderated Content
8.1.
Whatever the age of consent in
your country, we are anxious that our users should be protected from unsuitable
Content. To protect you and your children, you should know our policy, which is
as follows:
8.2.
Insofar as Content relates to
children, our volunteers have checked both the entries, and, where relevant,
the links.
8.3.
We do not knowingly collect
personal information from any person under the age of 18 years.
8.4.
Any person of any age may
freely access any page of Our Website. We do not check identities or moderate
Content beyond our reasonable control.
8.5.
It is you, not we, who provide
access to Our Website for the children in your care. It is for you to check
that the Content your children might see is suitable for them.
8.6.
Where links are concerned, you
may like to check the privacy policies of those sites where your children might
visit frequently to see how they collect and use information.
8.7.
Filter software may also be
useful to you.
8.8.
You acknowledge that we are not
responsible for Content that anyone has placed on Our Website for the content
of the site accessible by a link from Our Website.
8.9.
You now agree to waive any
claim you may otherwise have against us on account of age-related suitability
of Content and to indemnify us against any claim made by any person on behalf
of a child in your care.
9.
Security of Our Website
9.1.
If you violate Our Website, we
shall take legal action against you.
9.2.
You now agree that you will
not, and will not allow any other person to:
9.2.1
modify, copy, or cause damage
or unintended effect to any portion of Our Website, or any software used within
it.
9.2.2
link to Our Website in any way
that would cause the appearance or presentation of Our Website to be different
from what would be seen by a user who accessed Our Website by typing the URL
into a standard browser.
9.2.3
download any part of Our
Website, without our express written consent.
9.2.4
collect or use any product
listings, descriptions, or prices.
9.2.5
collect or use any information
obtained from or about Our Website or the Content except as intended by this agreement.
9.2.6
aggregate, copy or duplicate in
any manner any of the Content or information available from Our Website, other
than as permitted by this agreement or as is reasonably necessary for your use
of the Services.
9.2.7
share with a third party any
login credentials to Our Website.
9.3.
Despite the above terms, we now
grant a licence to you to:
9.3.1
create a hyperlink to Our
Website for the purpose of promoting an interest common to both of us. You can
do this without specific permission. This licence is conditional upon your not
portraying us or any product or service in a false, misleading, derogatory, or
otherwise offensive manner. You may not use any logo or other proprietary
graphic or trademark of ours as part of the link without our express written
consent.
9.3.2
you may copy the text of any
page for your personal use in connection with the purpose of Our Website or a
Service we provide.
10.
Intellectual Property
You always agree that you will:
10.1.
not do anything which does or
might reduce the value of our Intellectual Property or challenge our ownership
of it.
10.2.
notify us of any suspected
infringement of the Intellectual Property.
10.3.
so far as concerns software
provided or made accessible by us to you, you will not:
10.3.1
copy, or make any change to any
part of its code.
10.3.2
use it in any way not
anticipated by this agreement.
10.3.3
give access to it to any other
person than you, the licensee in this agreement.
10.3.4
in any way provide any information
about it to any other person or generally.
10.4.
not use the Intellectual
Property except directly as intended by this agreement or in our interest.
11.
Disclaimers and limitation of
liability
11.1.
The law differs from one
country to another. This paragraph applies so far as the applicable law allows.
11.2.
All implied conditions,
warranties and terms are excluded from this agreement. If in any jurisdiction
an implied condition, warrant or term cannot be excluded, then this sub
paragraph shall be deemed to be reduced in effect, only to the extent necessary
to release that specific condition, warranty or term.
11.3.
Our Website includes Content
Posted by third parties. We are not responsible for any such Posting. If you
come across any Content which offends against this document, please contact us
by post or email.
11.4.
You are advised that Content
may include technical inaccuracies or typographical errors. This is inevitable
in any large website. We would be grateful if you bring to our immediate
attention, any that you find.
11.5.
Our Website contains links to
other Internet websites. We have neither power nor control over any such
website. You acknowledge and agree that we shall not be liable in any way for
the content of any such linked website, nor for any loss or damage arising from
your use of any such website or from your buying services or goods via such a
website.
11.6.
The Lettings U Know Website and Lettings U Know
Services are provided “as is”. We make no representation or warranty
that the Services will be:
11.6.1
useful to you.
11.6.2
of satisfactory quality.
11.6.3
fit for a particular purpose.
11.6.4
available or accessible,
without interruption, or without error.
11.7.
We claim no expert knowledge in
any subject. We disclaim any obligation or liability to you arising directly or
indirectly from information you take from Our Website.
11.8.
We accept no responsibility
for:
11.8.1
third party advertisements
which are posted on Our Website or through the Services.
11.8.2
the conduct, whether online or
offline, of any user of Our Website or the Services.
11.8.3
failure or malfunction of
computer hardware or software or technical equipment or system connected
directly or indirectly to your use of the Services.
11.9.
You agree that in any
circumstances when we may become liable to you, the limit of our liability is any
amount you have paid us in the immediately preceding 12-month period for the
Services concerned.
11.10.
Except in the case of death or
personal injury, our total liability under this agreement, however it arises,
shall not exceed the sum of £100.
11.11.
We shall not be liable to you
for any loss or expense which is:
11.11.1
indirect or consequential loss;
or
11.11.2
economic loss or other loss of
turnover, profits, business or goodwill even if such loss was reasonably
foreseeable or we knew you might incur it.
11.12.
This paragraph (and any other
paragraph which excludes or restricts our liability) applies to our directors,
officers, employees, subcontractors, agents and affiliated companies (who may
enforce this provision under the Contracts (Rights of Third Parties) Act 1999 / Contracts
(Rights of Third Parties) (Scotland) Act 2017) as well as to us.
12.
You indemnify us
You agree to indemnify us against
all costs, claims and expense arising directly or indirectly from:
12.1.
your failure to comply with the
law of any country.
12.2.
your breach of this agreement.
12.3.
a contractual claim arising
from your use of the Services
12.4.
any Content you Post to Our Website.
12.5.
a breach of the intellectual
property rights of any person.
13.
Miscellaneous matters
13.1.
You undertake to provide to us
your current land address, e-mail address and telephone number as often as they
are changed together with all information that we may require to enable us to
fulfil our obligations under this contract.
13.2.
If any term or provision of
this agreement is at any time held by any jurisdiction to be void, invalid or
unenforceable, then it shall be treated as changed or reduced, only to the
extent minimally necessary to bring it within the laws of that jurisdiction and
to prevent it from being void and it shall be binding in that changed or
reduced form. Subject to that, each provision shall be interpreted as severable
and shall not in any way affect any other of these terms.
13.3.
If you are in breach of any
term of this agreement, we may:
13.3.1
terminate your account and
refuse access to Our Website.
13.3.2
remove or edit Content or
cancel any order at our discretion.
13.3.3
issue a claim in any court.
13.4.
No failure or delay by any
party to exercise any right, power or remedy will operate as a waiver of it nor
indicate any intention to reduce that or any other right in the future.
13.5. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
|
It shall be deemed to have
been delivered: |
|
if
delivered by hand: on the day of delivery; |
|
if
sent by post to the correct address: within 72 hours of posting; |
|
If
sent by e-mail to the address from which the receiving party has last sent e-mail:
within 24 hours if no notice of non-receipt has been received by the sender. |
13.6.
In the event of a dispute
between the parties to this agreement, then they undertake to attempt to settle
the dispute by engaging in good faith with the other in a process of mediation
before commencing arbitration or litigation.
13.7.
This agreement does not give
any right to any third party under the Contracts (Rights of Third
Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017
or otherwise, except that any provision in this agreement which excludes or
restricts the liability of our directors, officers, employees, subcontractors,
agents and affiliated companies, may be enforced under that act.
13.8. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
13.9. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.