The services available at
www.HomesForStudents.co.uk are provided by homesforstudents of 22
Broxtowe Street, Sherwood, Nottingham, NG5 2JT, United Kingdom.
This Agreement describes the terms and conditions applicable to your use of our
services at www.homesforstudents.co.uk. If you do not agree to be bound by this
Agreement, you may not use or access our services. You must read, agree with
and accept all of the terms and conditions contained in this User Agreement and
the Privacy Policy, which include those terms and conditions expressly set out
below and those incorporated by reference, before you may become a member of
HomesForStudents. We strongly recommend that, as you read this User Agreement,
you also access and read the information contained in the other pages and
websites referred to in this document, as they may contain further terms and
conditions which apply to you as a HomesForStudents member.
We may amend this Agreement at any time by giving you notice by e-mail or by
posting the amended Agreement on our site. Any amended Agreement will govern
new user registrations from the date that it is posted on our website. Existing
users will be bound by the amended Agreement after the expiry of 30 days
following the date of notice. No other amendment to this Agreement will be
effective unless made in writing, signed by you and by HomesForStudents.
This Agreement is effective on 1st September 2004 for new registering users.
Our services are not available to persons under the age of 16 years or to
temporarily or indefinitely suspended HomesForStudents members. If you do not
qualify, please do not use our services. If you are registering as a business
entity, you must have the authority to bind the entity to this Agreement.
1. USER ID (Top)
You select a User ID and a password of your choice. Hereafter User ID is used to
describe both User Id and password. You are responsible for all actions taken
under that User ID. It is your responsibility to keep your User ID. You have no
right to transfer your User ID to any other person.
2. HOMESFORSTUDENTS IS A MARKETPLACE (Top)
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HomesForStudents acts as a market place which allows registered users find
appropriate accommodation. We are not involved in transactions between
potential tenants and landlords. As a result, we have no control over the
quality, safety or legality of the properties advertised, the truth or accuracy
of the listings, the ability of suppliers to provide items or services or the
ability of potential tenants to buy items. You accept sole responsibility for
the legality of your actions under laws applying to you.
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Release. In the event that you have any right, claim or action against any
other user arising from that user's use of our website, you agree to pursue
such right, claim or action independently of and without recourse to us, and
you release HomesForStudents (and our parent, subsidiaries, affiliates,
officers, directors, agents and employees) from all claims, liability, damages,
losses, costs and expenses, including legal fees, known and unknown, arising
from or in any way connected with such right, claim or action.
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Information Control. We do not control the information provided by other users
which is made available through our system except as part of our quality
control process.
3. FEES (Top)
Joining HomesForStudents and submitting search’s for properties is free. Our
fees structure forms part of this Agreement. We may change this policy at any
time.
4. YOUR INFORMATION (Top)
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Definition "Your Information" is defined as any information you provide to us
or other users in relation to the HomesForStudents service including the
registration, submission of property details, and any other content that you
post within our website. You are solely responsible for Your Information, and
we act as a passive conduit for your online distribution and publication of
Your Information.
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Restrictions Your Information and your activities on our Site must not:
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be false, inaccurate or misleading;
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be offensive or menacing, abusive, defamatory, or in breach of copyright,
confidence, privacy or any other rights;
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infringe any third party's copyright, patent, trademark, trade secret or other
proprietary rights or rights of publicity or privacy;
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be fraudulent or involve the sale of counterfeit or stolen items;
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be in breach of any applicable laws or regulations (including, but not limited
to, laws governing export control, consumer protection, unfair competition,
anti-discrimination or false advertising), licences or third party rights;
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be obscene, indecent or contain child pornography;
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create liability for us or cause us to lose (in whole or in part) the services
of our ISPs or other suppliers;
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link directly or indirectly to or include descriptions of goods or services
that: (i) are prohibited under this Agreement; or (ii) you do not have a right
to link to or include;
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contain any computer viruses, macro viruses, trojan horses, worms or anything
else designed to interfere with, interrupt or disrupt the normal operating
procedures of a computer or to surreptitiously intercept, access without
authority or expropriate any system, data or personal information;
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cause our website to be interrupted, damaged, rendered less efficient or such
that the effectiveness or functionality of our website is in any way impaired.
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Our Privacy Policy will govern use of Your Information.
5. ACCESS AND INTERFERENCE (Top)
Our website contains robot exclusion headers and you agree that you will not use
or induce the use of any robot, spider, other automatic device, or manual
process to monitor or copy our website or the content contained therein without
our prior express written permission. You agree that you will not use or induce
the use of any device, software or routine to bypass our robot exclusion
headers, or to interfere or attempt to interfere with the proper working of our
website or any auction being conducted on our website. You agree that you will
not take any action that imposes or may lead to an unreasonable or
disproportionately large load on our infrastructure. Much of the information on
our website is updated on a real time basis and is proprietary or is licensed
to HomesForStudents by our users or third parties. You agree that you will not
induce others to copy, reproduce, alter, modify, create derivative works, or
publicly display any content (except for Your Information) from our website
without the prior express written permission of HomesForStudents or the
relevant HomesForStudents user.
6. BREACH (Top)
Without limiting our other remedies, we may immediately issue a warning, suspend
or terminate your user registration and refuse to provide our services to you
without notice to you: (a) if you breach this Agreement or the documents
incorporated by reference; (b) if we are unable to verify or authenticate any
information you provide to us ; or (c) if we believe that your actions may
cause legal liability for you, our users or us.
7. PRIVACY (Top)
HomesForStudents will never sell or rent your personal information to third
parties except as described in this Privacy Policy. If you object to your
Information being transferred or used in this way please do not register.
Please refer to our Privacy Policy for further information.
8. NO WARRANTY (Top)
We do not guarantee continuous, uninterrupted or secure access to our services,
and operation of our website may be interfered with by numerous factors outside
of our control.
9. LIMITATION OF LIABILITY (Top)
Nothing in this Agreement shall limit or exclude our liability for fraudulent
misrepresentation, or for death or personal injury resulting from our
negligence or the negligence of our servants, agents or employees. Subject to
the foregoing, in so far as is allowed under English law we will not be liable
for any economic losses (including, without limitation, loss of revenues,
profits, contracts, business or anticipated savings), any loss of goodwill or
reputation, or any special, indirect or consequential damages (however arising,
including negligence) arising out of or in connection with this Agreement. We
also have no liability of any sort (including liability for negligence) for the
acts or omissions of other providers of telecommunications services or for
faults in or failures of their networks and equipment. Our liability to you or
any third party in any circumstance is limited to the greater of the total fees
you pay to us in the 12 months prior to the action giving rise to liability.
10. INDEMNITY (Top)
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries,
affiliates, officers, directors, agents, and employees, harmless from any claim
or demand, including reasonable legal fees, made by any third party due to or
arising out of your breach of this Agreement (including the documents
incorporated by reference), or your violation of any law or the rights of a
third party.
11. NOTICES (Top)
Unless otherwise explicitly stated, notices to HomesForStudents must be sent by
registered mail to HomesForStudents, 22 Broxtowe Street, Sherwood, Nottingham,
NG5 2JT, United Kingdom, and notices to you will be sent to the email address
that you provide to HomesForStudents during the registration process (receipt
is deemed 24 hours after an email is sent, unless we receive notice that the
email address is invalid), or by registered mail. Notices sent by registered
mail will be deemed received 3 days following the date of mailing.
12. GOVERNING LAW AND LEGAL COMPLIANCE (Top)
This Agreement shall be governed by and construed in accordance with English law
and subject to the non-exclusive jurisdiction of the English courts.
13. DISPUTE RESOLUTION (Top)
Disputes between you and HomesForStudents regarding our services may be reported
to HomesForStudents Customer Support. Any controversy or claim arising out of
or in connection with this Agreement may at our discretion be settled by
binding arbitration by reference to an arbitration tribunal designated by
HomesForStudents. You agree to be bound by the ruling arbitrator. The costs of
the dispute are borne by the originator. Any such controversy or claim shall be
arbitrated on an individual basis, and shall not be consolidated in any
arbitration with any claim or controversy of any other party. The arbitration
shall be conducted in the U.K., and judgment on the arbitration award may be
entered into any court having jurisdiction thereof.
14. THIRD PARTY RIGHTS (Top)
A person who is not a party to this Agreement has no right under the Contracts
(Rights of Third Parties) Act 1999 to enforce any term of this Agreement but
this does not affect any right or remedy of a third party which exists or is
available apart from that Act.
GENERAL (Top)
If any provision of this Agreement is held to be invalid or unenforceable, such
provision shall be struck out and the remaining provisions shall be enforced.
You agree that this Agreement and all incorporated agreements may be
automatically assigned by HomesForStudents, in our sole discretion, to a third
party in the event of a merger or acquisition. You and HomesForStudents are
independent contractors, and no agency, partnership, joint venture,
employee-employer or franchisor-franchisee relationship is intended or created
by this Agreement. Headings are for reference purposes only and in no way
define, limit, construe or describe the scope or extent of such section. Our
failure to act with respect to a breach by you or others does not waive our
right to act with respect to subsequent or similar breaches. This Agreement
sets forth the entire understanding and agreement between us with respect to
its subject matter.
This Agreement will prevail over any conditions of sale imposed by a seller and
our Privacy Policy, are incorporated in this Agreement by reference. Each of
the HomesForStudents policies may be amended from time to time by posting the
changes on the HomesForStudents Notice Board and except for the Privacy Policy
for which we will provide you with thirty days notice, changes to the other
policies shall be effective immediately.
Sections, 3 (Fees), 4 (Your Information), 5 (Access and Interference), 9
(Limitation of Liability), 10 (Indemnity), 12 (Governing Law), 13 (Dispute
Resolution) and 14 (Third Party Rights) shall survive any termination of this
Agreement.
If you have any questions, please contact customer support.
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