THIS WEBSITE (the “WEBSITE”) AND CODE OF CONDUCT
1.2 Each Subscriber must comply with and adhere to these Terms in order to access and use the Website.
1.3 In order to use and participate in the Website, all Subscribers must accept these Terms by clicking the "I accept" button at the end of this document. Upon such acceptance, each Subscriber will be given a unique logon ID.
1.4 Subscribers may: -
1.4.1 add properties to the Website;
1.4.2 edit the details they have added;
1.4.3 upload images of their properties;
1.4.4 see how many people have looked at the property details.
1.5 Subscriber activity may be monitored.
1.6 The “Website Owner” is Accommodation for Students Limited, a company registered in England and Wales under company registration number 04111099, whose registered office address is at The Old Church, Albert Hill Street, Didsbury, Manchester, M20 6RS.
2 Basic Requirements
2.1 Each Subscriber and any material which they post onto the Website ("Material") must comply with the following basic standards:
2.1.1 All Material, information posted to the Website, use of the Website and associated activities must be legal, decent, honest and truthful (in terms of English law and standards);
2.1.2 Data protection legislation within English law must be adhered to in order that the collection of personal information is not traded or disclosed illegally;
2.1.3 Distance selling requirements must be complied with as laid down in English law;
2.1.4 Other applicable trading standards and laws and regulations as the same are created from time to time and notified to Subscribers.
2.2 No Subscriber may use the Website for any of the following purposes:
2.2.1 disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
2.2.2 transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable law, regulations or code of practice;
2.2.3 interfering with any other person’s use or enjoyment of the Website; or
2.2.4 making, transmitting, storing electronic copies of materials protected by copyright without the permission of the Website Owner.
3 Specific Responsibilities of Subscribers
3.1 Each Subscriber is solely responsible for the accuracy, legality, currency and compliance of its own Material and will be solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to therein.
3.2 Each Subscriber is solely responsible for maintaining the confidentiality of its unique logon ID, and for its use. As traffic on this Website may be monitored, evidence of use of the logon ID can be produced to support or defend any dispute or actionable cause or matter which arises in relation to the same.
3.3 The Website owner reserves the right to suspend or cancel the Subscriber’s registration to use the Website and unique logon ID if it reasonably considers the Subscriber is in breach of any of its obligations under these Terms.
3.4 Each Subscriber must inform the Website Owner immediately of any changes to the information provided when registering to use the Website by updating all relevant personal details so that the Website Owner can communicate effectively with each Subscriber.
3.5 No Subscriber may advertise anything other than property details on this Website without prior permission in writing from the Website Owner.
4.1 The information on this Website constitutes an offer to Subscribers to place details of their properties on the Website to be advertised on the Website. No contract shall arise between a Subscriber and the Website Owner until the Subscriber has successfully completed the On-Line Payment Procedure relevant to the chosen advertisement at which point a binding contract will be formed between the Subscriber and the Website Owner.
4.2 The Website is an e-commerce website that accepts credit card payments by an On-Line Payment Procedure through a secure hosting environment called Protx.
4.3 The On-Line Payment Procedure requires Subscribers to input details of their credit cards. The amount payable will be automatically inserted and Subscribers must check the amount before confirming the transaction or otherwise.
4.4 Credit card details are held in the Protx payment system and are not retained on the Website’s server.
5 Subscribers’ Warranties
5.1 Each Subscriber warrants to the Website Owner that:-
5.1.1 the Material is true and accurate in all respects;
5.1.2 the property advertised is fit for human habitation and constitutes reasonable student accommodation;
5.1.3 there is no reason why a reputable advertising agency should decline to be associated with the advertising of the property;
5.1.4 the Subscriber is the owner of the property advertised or has written authorisation from the owner(s) to advertise that property.
5.1.5 the publication of the Material will not violate or infringe the rights of any third party, including copyright, trademark, privacy or other personal or proprietorial rights.
6.1 In the event that the Website Owner exercises its termination rights under Section 13.2 below, it will refund to the Subscriber a proportion of any fees paid in advance (so far as such fees relate to advertising after the termination date) on a pro rata basis but without further liability to the Subscriber in respect of any direct or indirect losses whether by way of loss of profit, loss of bargain or otherwise.
6.2 In the event of the Website suffering a substantial period of downtime the Website Owner may at its absolute discretion refund to the Subscriber a proportion of the fees paid in advance (so far as such fees relate to advertising during the downtime) on a pro rata basis but without further liability to the Subscriber in respect of any direct or indirect losses whether by way of loss of profit, loss of bargain or otherwise
7 No Assignment
7.1 A Subscriber shall not be entitled to assign its rights or transfer its obligations under its contract with the Website Owner.
8 Indemnity and Waiver in favour of the Website Owner
8.1 Each Subscriber agrees to indemnify and keep indemnified the Website Owner, its successors and assigns, and its directors, officers, employees and agents (collectively "Website Owner") from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from its use of and from any Material posted on the Website, or from any other matter relating to its participation herein including but not limited to use of the information contained on the Website, or arising from any introduction or collaboration resulting therefrom or otherwise arising from using the Website.
8.2 Each Subscriber waives any right to bring any claim or action against the Website Owner for any loss, damage or injury arising from use of the Website or any Material from the Website or compliance with these Terms.
9 Exclusion of Warranties and Liability
9.1 The Website Owner does not warrant the content, accuracy or veracity of any Material or other information on the Website, the responsibility for which rests with each of the Subscribers as specified in Section 3 above.
9.2 Each Subscriber accepts the Website "AS IS" with any faults or failings and without any representation, warranty or guarantee whatsoever, express or implied, including without limitation any implied warranty of accuracy, completeness, quality, merchantability, fitness for a particular purpose or non-infringement.
9.3 In no event will the Website Owner be liable for any injury, loss, claim, damages or any special, incidental, consequential, exemplary or punitive damages of any kind arising out of or in connection with any Subscriber's access to, or use of the Website, any Material thereon or any services available therefrom, whether based in contract, tort and whether negligent or otherwise, even if any Website Owner has been advised of the possibility of such damages. In the event that this exclusion of liability is held by a court of competent jurisdiction to be unlawful, but that liability may be lawfully limited, the Website Owners' aggregate total liability to any Subscriber for all such damages and losses shall be limited to the Website Subscriber fees paid by the Subscriber suffering loss during the twelve months preceding the event giving rise to liability.
9.4 This Website contains links to other Internet sites and resources. The Website Owner is not responsible for either the availability or the content of these outside resources.
10 Third party websites
10.1 As a convenience to Subscribers, the Website may include links to other websites or material which is beyond the control of the Website Owner. The Website owner is not responsible for any content outside of the Website.
11 Advertising and sponsorship
11.1 The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with relevant laws and codes. The Website Owner will not be responsible to any Subscriber for any error or inaccuracy in advertising and sponsorship material.
12 International use
12.1 The Website Owner makes no promise that materials on the Website are appropriate or available for use in locations outside of the United Kingdom, and accessing the Website from territories where its contents are illegal or unlawful is prohibited. If any Subscriber chooses to access the Website from locations outside of the United Kingdom, then any such Subscriber does so on his/her own initiative and shall be responsible for compliance with local laws.
13 Term and Termination
13.1 Each Subscriber agrees to remain bound by these Terms (as amended from time to time) for as long as they remain a Subscriber of the Website and wishes to use the Website unless the Website Owner earlier terminates, suspends or otherwise limits access to the Website as it deems is appropriate.
13.2 Without prejudice to any other right or remedy available to it, the Website Owner reserves the right to terminate the contract and remove your property details from the Website at any time for breach of any of the warranties contained in Section 5 above or for any other reason at the absolute discretion of the Website Owner and without obligation to specify its reason.
14 Applicable Law
14.1 Each Subscriber agrees that these Terms and any dispute arising in any way in relation to the Website will be governed by and construed in accordance with the applicable laws of England and that the English Courts shall have exclusive jurisdiction in respect of the same.
15.1 In the event that any provision in these Terms is determined to be unenforceable or invalid, such provision shall be severed and the remaining provisions which shall be enforceable to the fullest extent permitted by English Law.
15.2 These Terms represents the entire agreement between Subscriber and the Website Owner relating to the subject matter hereof, and supersedes any prior understanding or agreements regarding the Website.
Acceptance of the Terms
Click appropriate box.