TERMS AND CONDITIONS
TERMS & CONDITIONS OF USE OF
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.
1.1 We are committed to safeguarding the privacy of our website visitors and service users.
1.2 This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and service users; in other words, where we determine the purposes and means of the processing of that personal data.
1.5 In this policy, "we", "us" and "our" refer to Accommodation For Students Limited. For more information about us, see Section 12.
2. How we use your personal data
2.1 In this Section 2 we have set out:
- (a) the general categories of personal data that we may process;
- (b) the purposes for which we may process personal data; and
- (c) the legal bases of the processing.
2.2 We may process data about your use of our website and services ("usage data"). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services.
2.3 We may process your account data ("account data"). The account data may include your name, email address, mobile phone number, country of origin and graduation year. The source of the account data is you. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining backups of our databases and communicating with you. The legal basis for this processing is consent.
2.4 We may process your information included in your personal profile on our website ("profile data"). The profile data may include your name, telephone number, email address, profile pictures, gender, date of birth, relationship status, interests and hobbies and educational details. The profile data may be processed for the purposes of enabling and monitoring your use of our website and services. The legal basis for this processing is consent.
2.5 We may process your personal data that are provided in the course of the use of our services ("service data"). The service data may include your name, email address, mobile phone number and educational details. The source of the service data is you. The service data may be processed for the purposes of operating our website, providing our services, ensuring the security of our
website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is consent.
2.6 We may process information that you post for publication on our website or through our services ("publication data"). The publication data may be processed for the purposes of enabling such publication and administering our website and services. The legal basis for this processing is consent.
2.7 We may process information contained in any enquiry you submit to us regarding our services ("enquiry data"). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is consent.
2.8 We may process information relating to our customer relationships, including customer contact information ("customer relationship data"). The customer relationship data may include your name, your employer, your job title or role, your contact details, and information contained in communications between us and you. The source of the customer relationship data is you. The customer relationship data may be processed for the purposes of managing our relationships with customers, communicating with customers, keeping records of those communications and promoting our products and services to customers. The legal basis for this processing is our legitimate interests, namely the proper management of our customer relationships.
2.9 We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website ("transaction data"). The transaction data may include your contact details, your card details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely the proper administration of our website and business.
2.10 We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters ("notification data"). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent.
2.11 We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
2.12 We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.
2.13 In addition to the specific purposes for which we may process your personal data set out in this Section 2, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
2.14 Please do not supply any other person's personal data to us, unless we prompt you to do so.
3. Providing your personal data to others
3.1 We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
3.2 We may disclose your personal data to our suppliers or subcontractors, details of which can be obtained by emailing email@example.com insofar as reasonably necessary for communicating with you and maintaining adequate business records.
3.3 Financial transactions relating to our website and services are handled by our payment services providers, Sage Pay. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers' privacy policies and practices at https://www.sagepay.co.uk/.
3.5 In addition to the specific disclosures of personal data set out in this Section 3, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
4. International transfers of your personal data
4.1 In this Section 4, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).
4.2 The hosting facilities for our website are situated in The Isle of Man and the USA. The European Commission has made an "adequacy decision" with respect to the data protection laws of each of these countries. Transfers to each of these countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission.
4.3 You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.
5. Retaining and deleting personal data
5.1 This Section 5 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
5.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
5.3 We will retain your personal data for a minimum period of one year and a maximum period of ten years, following the month it was provided to us by you.
5.4 Notwithstanding the other provisions of this Section 5, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
6.1 We may update this policy from time to time by publishing a new version on our website.
6.2 You should check this page occasionally to ensure you are happy with any changes to this policy.
6.3 We may notify you of changes to this policy by email.
7. Your rights
7.1 In this Section 7, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
7.2 Your principal rights under data protection law are:
- (a) the right to access;
- (b) the right to rectification;
- (c) the right to erasure;
- (d) the right to restrict processing;
- (e) the right to object to processing;
- (f) the right to data portability;
- (g) the right to complain to a supervisory authority; and
- (h) the right to withdraw consent.
7.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be
subject to a reasonable fee. You can access your personal data by emailing firstname.lastname@example.org
7.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
7.5 In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.
7.6 In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
7.7 You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
7.8 You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
7.9 You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
7.10 To the extent that the legal basis for our processing of your personal data is:
- (a) consent; or
- (b) that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,
and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
7.11 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
7.12 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
7.13 You may exercise any of your rights in relation to your personal data by written notice to us.
8. About cookies
8.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
8.2 Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
8.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
9. Cookies that we use
10. Cookies used by our service providers
11. Managing cookies
11.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
- (a) https://support.google.com/chrome/answer/95647?hl=en (Chrome);
- (b) https://support.mozilla.org/en-US/kb/enable-and-disable-cookieswebsite-preferences (Firefox);
- (c) http://www.opera.com/help/tutorials/security/cookies/ (Opera);
- (d) https://support.microsoft.com/en-gb/help/17442/windows-internetexplorer-delete-manage-cookies (Internet Explorer);
- (e) https://support.apple.com/kb/PH21411M (Safari); and
- (f) https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-andprivacy (Edge).
11.2 Blocking all cookies will have a negative impact upon the usability of many websites.
11.3 If you block cookies, you will not be able to use all the features on our website.
12. Our details
12.1 This website is owned and operated by Accommodation For Students Limited.
12.2 We are registered in England and Wales under registration number 04111099, and our registered office is at Dale House, 35 Dale Street, Manchester M1 2HF.
12.3 Our principal place of business is at Dale House, 35 Dale Street, Manchester M1 2HF.
12.4 You can contact us:
- (a) by post, to the postal address given above;
- (b) by telephone, on 0845 551 9911; or
- (c) by email, using email@example.com
13. Data protection officer
13.1 Our data protection officer's contact details are available by emailing firstname.lastname@example.org.
Acceptance of the Terms
Click appropriate box.