4. SpareRoom.co.uk is operated by Flatshare Limited, company number 04407847, VAT number 892676272. Flatshare Ltd's registered office Top Floor, 32 Park Green, Macclesfield, Cheshire, SK11 7NA, UK.
TERMS AND CONDITIONS
1. All material published on SpareRoom.co.uk (hereinafter 'we' , 'our') is published in good faith. Flatshare Limited do not inspect any of the properties appearing on the site and cannot confirm or accept responsibility for the accuracy of any property details provided on the site. We strongly advise you to inspect the property thoroughly yourself before entering into any agreements.
2. Flatshare Limited do not in any circumstances accept responsibility for the accuracy or otherwise of any advertisement or message.
3. a) Flatshare Limited do not endorse any of the roomseekers that appear on the site and cannot make any guarantees of the credit worthiness, honesty, behaviour, rental history or ability to pay rent of any of the roomseekers listed with us and cannot be held responsible for any resulting loss or damages of any nature whatsoever and however arising.
3. b) Flatshare Limited do not endorse any of the rooms that appear (advertised by landlords and other room advertisers) and cannot make any guarantees of their availability, quality, compliance with relevant laws and regulations nor any guarantees about the reliability, honesty or behaviour of the landlords and cannot be held responsible for any resulting loss or damages of any nature whatsoever and however arising.
3. c) By submitting information to our website Flatshare Limited has the perpetual worldwide right to use and distribute such information without restriction free of charge in any form and media now known or hereafter invented.
4. a) Advertisers who shall include roomseekers and earlybird users where appropriate on SpareRoom.co.uk must only publish information on the website which to the best of their knowledge is true and accurate and not in any way misleading.
4. b) Advertisers may not publish offensive content, this includes content that contains offensive language, overtly sexually explicit content, is unlawful, threatening, libelous, abusive, harmful, bigoted, racially offensive, obscene or harassing. Further Advertisers may not publish content that encourages behavior that may constitute a criminal offence, result in civil liability or otherwise violate any applicable local, state, national or international law or regulation.
4. c) Advertisers warrant that all uploaded videos and photographs are current and accurate representations of the rooms available for let and that the copyright in the photographs are owned or controlled by the Advertiser.
4. d) Advertisers warrant that all videos and photographs submitted by them and uploaded by Flatshare Limited do not contain material that may be regarded as sexually explicit, illegal, inflammatory, offensive or obscene.
4. e) Whilst Flatshare Limited aims to moderate all content, Flatshare Limited does not guarantee that offensive or inappropriate material will be immediately removed or deleted from the website. Failure by Flatshare Limited to remove or delete offensive or inappropriate content does not waive our right to remove or delete offensive or inappropriate content in subsequent or similar cases.
4. f) Flatshare Limited does not allow the use of automation software to send multiple messages through the user to user messaging system. Users found to be repeatedly sending multiple automated emails may have their accounts suspended and, in some cases, cancelled.
4. g) Users must not hack into or otherwise disrupt Flatshare Ltd's systems or websites. This includes (but is not limited to) 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 system.
5. a) Flatshare Limited reserves the right to refuse to list and or deactivate advertisements or edit content which it deems is in violation of paragraph 4 above at its sole discretion. In such cases no refunds will be given and Flatshare Limited reserves the right to cancel contractual relations with any Advertiser. In the event Flatshare Limited receives one or more complaints about an advertisment or advertiser, Flatshare Limited reserves the right to temporarily suspend the advertisment or account in question while it investigates the matter.
5. b) Flatshare Limited reserves the right to stop the accounts of any users found to be previously banned or in contravention of our terms and conditions. In such cases the account holder will not be notified and any monies paid will be retained by Flatshare Ltd to cover our costs.
5. c) Where the Advertiser is a trade advertiser cancellation may occur anytime between the placing of the order with Flatshare Limited and 2 working days prior to the agreed publication date of the advertisement.
5. d) Where the Advertiser is a consumer pursuant to the Consumer Protection (Distance Selling) Regulations 2000 they may cancel the placement of an advertisement within 7 days of the day after the day that the order was placed. The consumer accepts that where Flatshare Limited has begun providing services in relation to the Advertisement before expiry of the 7 day period the right to cancel is lost. The consumer agrees that Flatshare Limited will begin providing services in relation to the order 2 working days prior to the agreed publication date of the advertisement and a valid cancellation can only occur prior to the commencement of such services.
5. e) Where Flatshare Limited commits a publishing error in relation to an advertisement the Advertiser may cancel the order and shall be entitled to a refund or allow Flatshare Limited to re-insert the advertisement or adjust the cost. The right of cancellation, re-insertion, refund and adjustment shall not apply where the error or misprint fails to materially detract from the totality of the advertisement.
6. Flatshare Limited reserves the right to publish adverts across the SpareRoom network of sites, including intoLondon.com as well as uploading to relevant portal web sites (minus personal contact details).
7. a) Due to the nature of software and the internet Flatshare Limited cannot guarantee uninterrupted or error free access to or running of this site or the transactions conducted through it and we shall not be liable for any failure in processing your details due to software or internet errors or viruses or unavailability, or circumstances beyond our reasonable control.
7. b) Flatshare Limited 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 this website or its contents.
7. c) Whilst Flatshare Limited make every effort to ensure accuracy the pages contained in this website may contain technical inaccuracies and typographical errors. Flatshare Limited assumes no responsibility for and disclaims all liability for any errors or omissions in this website.
7. d) Flatshare Limited reserve the right to amend and update information on the website. We accept neither responsibility for keeping the information in these pages up to date nor liability for any failure to do so.
7. e) All express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to our service, our website or any information or service provided through our website are strictly excluded. We will do our best to ensure that all materials and information published on our website is accurate, but please note that all materials and information on our website are provided on an 'as is' basis.
7. f) IN NO EVENT SHALL FLATSHARE LIMITED OR ITS 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 WEBSITE.
COPYRIGHT & INTELLECTUAL PROPERTY
8. a) You may view SpareRoom.co.uk and print hard copies of material on it for your personal, non-commercial use. You may also permit your computer to make a transient copy of the contents of this website for online viewing only You may not copy any contents of this website to third parties including but not limited to caching. Any infringement of Flatshare Limited's 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.
8. b) Unless otherwise specified the copyright and all other intellectual property rights in the contents of all the pages in this web site are owned or licensed to Flatshare Limited.
9. When you register with SpareRoom.co.uk, you will select or be assigned a password. You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.
10. Flatshare Limited's terms and conditions do not affect your statutory rights as a consumer.
11. The placing of an order for an advertisement amounts to an acceptance of these terms to the exclusion of any other terms and conditions. No variation shall be binding unless agreed in writing.
12. If any provision of these terms is held to be void or unenforceable in whole or in part, these terms shall continue to be valid as to the other provisions and the remainder of the affected provision. No waiver by Flatshare Limited shall be effective except in relation to the matter in respect of which it was specifically given.
13. Nothing in these terms is intended to confer on any person any right to enforce any provision of these terms which that person would not have had but for the Contracts (Rights of Third Parties) Act 1999.
14. These terms shall be construed under and governed by the laws of England and the parties hereby submit to the exclusive jurisdiction of the English Courts.