Welcome to SpareRoom (the "Platform") brought to you by Flatshare Ltd ("We", "Us"; and "Our"), a company registered in England and Wales with company number 04407847. Flatshare Ltd’s registered office is at 5th Floor, Dale House, 35 Dale Street, Manchester, M1 2HF, UK.
These terms and conditions (the "Terms") constitute a legally binding contract between you, the user, and us. Please take the time to read these Terms carefully as they explain the legal relationship between you and us and will govern your use of the Platform and the services made available through it. By accessing or using the Platform and/or any content, materials or services made available through it you are agreeing to be legally bound by these Terms.
We reserve the right to change these Terms from time to time in our sole discretion. Your use of the Platform will be subject to the most recent version of the Terms posted on the Platform at the time of such use. Although we recommend that you read through the Terms available on the Platform from time to time, so that you can be sure that you are aware of the latest version, we will give you reasonable prior notice if we intend to make any changes to these Terms that may be materially to your detriment before such changes take effect.
- You do not need to register as a member of the Platform in order to browse some sections of the Platform, but you may not be able to access all of the features of the Platform unless you register with us and create an account on the Platform. If you are browsing the Platform and have not yet registered with us, your use of the Platform will still be subject to these Terms.
- You will need to register with us in order to post any adverts on the Platform. You can register by clicking on the "Register" on our homepage and submitting the information required. You’ll need to provide a valid email address and a password, which you will be required to submit each time you log into the Platform. You may also be required to submit some additional personal information about yourself as part of the registration process.
- You must be at least 18 years old to register and you are only permitted one account on the Platform. Multiple live accounts are not permitted. By registering with us you are representing and warranting to us that: (i) you are over 18 years old; (ii) you have not previously been banned from the Platform; and (iii) you do not already have an account registered with us.
- (a) You agree that all registration information you submit to the Platform will be truthful and accurate and you will maintain the accuracy of this information. This includes the user type you register as. Agents found to be falsely registering as Live Out Landlords (or any other type of user) will be removed from the Platform.
(b) Agents may use the Platform providing they are a registered company and are a member of a government approved Property Redress Scheme (see 2.5 b). Freelance agents must either use the official SpareRoom accounts of the agencies they work with or must be registered with a Property Redress Scheme as an individual.
(c) There are only three government approved property redress schemes - all agencies must be registered to one of them.
The Property Ombudsman (https://www.tpos.co.uk)
The Property Redress Scheme (https://www.theprs.co.uk)
Ombudsman Services (https://www.ombudsman-services.org/sectors/property)
- Your account is for your use only and you agree that you will not share your account with any other person. It is your responsibility to keep your password secure. You will be responsible and liable for any actions of any person logging into the Platform using your username and password (including, without limitation, any adverts posted on the Platform via your account). You should notify us immediately if you suspect that anyone else knows your password or that anyone has accessed your account without your permission. Unless we have been notified otherwise will be entitled to assume that any person logging into our Platform using your username and password is you.
- We may at any time and for any reason refuse to accept a registration from any person.
Access and use of the Platform
- We do not charge any fees for registering an account with us. Some aspects of the Platform are also made available free of charge, such as placing standard adverts and browsing and searching on the Platform.
- We also offer a number of additional features and functionality on the Platform that are only available to members who have paid to upgrade their account. For more details on how to upgrade your account please refer to section 5 below.
- You agree not to use the Platform or any information or material made available to you on the Platform, in any improper or unlawful manner or in breach of any rule, regulation, legislation or licence that applies to you.
Without limiting the foregoing, you agree that when using the Platform you will not:
- harass others or disclose personal information about others that could amount to harassment;
- publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, sexually explicit, harmful, confidential, libellous, hateful, threatening or otherwise illegal material or information, or anything which might constitute a criminal or civil offence;
- upload files that contain software or other material which are the Intellectual Property Rights of any third party, or which are protected by rights of privacy or publicity of any third party without having received all necessary consents;
- upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the Platform or any other computer;
- impersonate others or create false accounts or adverts on the Platform;
- promote any activity that is illegal;
- use software or any other means to harvest information from the Platform;
- Send chain letters, junk mail, ‘spamming’ material or any other form of bulk communication;
- act in contravention of any policies for uploading content and/or posting adverts that we may make you aware of from time to time; or
- not do or omit to do anything that, in our opinion: (i) brings us or the Platform into public disrepute, contempt, scandal or ridicule; (ii) damages or puts at risk any other users of the Platform; or (iii) materially prejudices us or the Platform.
- You agree to comply with all reasonable instructions that we may give you regarding your use of the Platform.
- You are responsible for obtaining (at your own cost) all necessary equipment and telecommunications services required to access and use the Platform.
- You agree that we may suspend access to the Platform temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control and we shall not be liable to you in any way for such suspended access.
Posting and responding to adverts on the Platform
- All adverts posted to the Platform must be for residential lets only and must be compliant with all appropriate legislation.
- You need to register an account with us in order to post an advert on the Platform. There are two types of advert that can be posted on the Platform. The first is an advert that can be posted by any normal non-paying member who has registered an account with us (a "Free Ad"). The second type of advert, "Bold Ads", can only be posted by members who have paid to upgrade their account. Bold Ads appear highlighted in blue on the search results pages and feature above Free Ads of the same age. For more on the benefits of Bold Ads please refer to the FAQ section.
To post an advert on the Platform click on the "Post ad" link on the homepage and follow the instructions. By posting an advert on the Platform you are representing and warranting (which is a legal promise) to us that:
- all the information you include in your advert will be truthful and, to the best of your knowledge and belief, accurate and not in any way misleading;
- any photos or videos you include in your advert will be current and accurate representations of the room(s) you are advertising;
- you have all necessary rights and permissions to advertise and/or rent or let the applicable room or property (note we reserve the right to request proof of such rights and/or permissions); and
- all adverts will comply with these Terms, including section 7.
You may not:
- post multiple adverts for the same room and/or property;
- post dummy or fake adverts for rooms and/or properties that aren’t available for let or aren't available to be viewed; or
- delete an advert and repost it in order to make it appear as “New Today”.
- You are responsible for the content of any adverts you post to the Platform, including any errors, omissions or inaccuracies contained in such adverts. We accept no liability to you or any other person for the content of any adverts posted on our Platform. We advise that you check the content of your advert immediately after posting it to the Platform to ensure you are happy with it. You may edit or remove any adverts you have posted on the Platform at any time by logging into your account and clicking on the My Ads link. For more details on how to do this please refer to the FAQ section.
- Once a Free Ad has been posted on the Platform, only users who have paid to upgrade their account to get "Early Bird Access" will be able to respond to that advert for the first 7 days, commencing on the day it was first posted. After an advert has been on the Platform for 7 days or more any registered user of the Platform may respond to that advert via the Platform. Bold Ads can be contacted by all registered users immediately.
- You agree to only contact advertisers by means of the official "contact advertiser" options available on each advert. For your own security, you must not use any contact details contained within the body of an advert itself or hidden within images.
- You may contact other members of the Platform via our on-site messaging system. However, please be advised we will not reveal any of our members' contact details or other personal information without the relevant members' permission. We do not routinely monitor all communications between Users via our on-site messaging system, but we may use software to track communications and we reserve the right to monitor them in order to investigate any suspected breach of our terms and conditions, any illegal behaviour or any other misuse of our service, or for any other reasonable reason as determined by us from time to time. We reserve the right, in our discretion, to archive or discard communications sent via the messaging system on our Platform after a minimum of fifty six (56) days or otherwise immediately if we feel that the message is unlawful or inappropriate.
- We reserve the right to refuse to list or deactivate any advertisements or edit any User Generated Content we deem, in our reasonable discretion, to be in violation of these Terms or which we are instructed to refuse to list or deactivate by any court or law enforcement or regulatory authority. In such cases no refunds will be given. We reserve the right to request proof of your right to post adverts and/or other User Generated Content. In the event we: (a) receive any complaints about an advertisement or advertiser; (b) receive notice of an investigation into an advertisement or advertiser by any law enforcement or regulatory authority; or (c) otherwise become aware of any violation of these Terms or any illegal behaviour conducted by an advertiser, we reserve the right to temporarily suspend or deactivate (with or without notice) any advertisement or account in question while we investigate the matter.
- We reserve the right to publish any adverts you post to the Platform across the SpareRoom network of sites, as well as uploading any adverts that are posted to the Platform to other relevant portal websites from time to time, such as other third-party property search websites. We will never post users’ contact details with their ads on third-party websites.
- We allow all users the ability to Renew their ads. Renewing reposts the ad back into the listings as New, and posts your ad at the top of the New listings. Renewing won't post your ad back as New Today. The search results your Renewed ad appears on, and its position on that page, is determined by the number of newer, or more recently Boosted and/or Renewed ads that have been posted. For a full explanation of how ads are ranked on SpareRoom please refer to our FAQ section. Renewing an ad restarts the 7 day Early Bird phase.
- All adverts on the Platform contain a public profile of the advertiser. By posting an advert you consent for information such as your age and gender to be included in your profile. To update any of the information shown on your profile, please contact the Customer Services team at email@example.com
Upgrading your account
- You may upgrade your account at any time by clicking on the "Upgrade" link on the "My account" section of our Platform.
- For more details of the different upgrade options available, and payment options on offer, please refer to the Upgrade section of our Platform.
- When you choose to upgrade your account we will charge you a payment for the upgrade period you have chosen. Payments will be processed by our third party payment processor, currently WorldPay, using their secure server or can be made using Paypal or any other payment method as advertised on the Platform from time to time.
- Your account will automatically revert to a standard membership at the end of your upgrade period unless you opt to extend your upgrade period by making a further payment. We will only charge you for the period you have selected to upgrade for. By giving us your payment card details you are not granting us any continuing authority to automatically extend your upgrade period unless you have specifically opted to make regular, ongoing payments as part of a monthly subscription package.
- All monthly subscription packages are deemed continuous from the date of purchase.
- Once you've confirmed the payment to upgrade your account and we have sent you a confirmation email confirming your purchase, a contract for upgraded services between you and us will have been formed. Your confirmation of payment will be taken as your express request for us to begin supplying the relevant services immediately following our sending of the confirmation email. You have the right to cancel your contract for upgraded services for up to 14 days after the contract has been formed under the Consumer Contracts (Information, Cancellation and Additional Charges Regulations) 2013 (the "Regulations"). To exercise your right to cancel, you must inform us of your decision. You may do this by contacting us via email, telephone or post, by completing the cancellation form which can be found on the Platform. Please note that in accordance with the Regulations once you have started to receive the benefits of our upgraded service you will not be entitled to a full refund and we are entitled to charge you a pro rata amount for any services you have already received. The amount you are refunded will depend on when you decide to cancel your contract and will be calculated as follows:
- if you cancel your purchase within the first 7 days of your contract with us you will be charged a pro rata amount for each day or part of a day of your subscription period that you have used
- the pro rata amount you will be charged will be based on the full price for a 7 day upgrade, i.e. 1/7th of the price of a 7 day upgrade will be deducted from the total amount you have paid for each day or part of a day that you have used and you will be refunded the remainder of your payment;
- for the purposes of calculating the amount to be refunded, a 'day' means a complete 24 hour period starting from the time that we send you confirmation of your upgrade purchase;
- for the avoidance of doubt, any cancellation requests received in the first 24 hours of your contract will incur 1 days' charge; requests received after 24 hours but before 48 hours have passed will incur 2 days' charge and so on; and
- if you cancel your purchase after 7 days but before the end of the 14 day period we will charge you the full cost of purchasing a 7 day subscription period as you have already received the benefit of a full 7 day period but we will refund you the remainder or your payment.
- If you make use of any additional services provided to you as part of your purchase, a pro rata amount for these services will also be charged.
- Any cancellations to a monthly subscription package will be effective from your next payment date. This doesn’t affect your right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges Regulations) 2013 (the "Regulations") as outlined in clause 5.6
- We may, at our discretion, provide users amending their monthly subscription package a pro rata refund based on any remaining services not used during the active monthly subscription period. The amount due will be calculated on the time remaining before the next payment date and any Boosts which have been used during that time. If all allocated Boosts have been used during the active monthly period, you won’t be eligible for a pro rata refund whilst amending your subscription. This doesn’t affect your right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges Regulations) 2013 (the "Regulations") as outlined in clause 5.6
- For the purposes of calculating a pro-rata refund, the number of Boosts used will be assigned a monetary value up to and including the value of your full monthly payment should all Boosts have been used prior to us receiving your request for cancellation. If there are Boosts remaining, an amount based on the number used will be deducted from the overall refund due. For example:
Number of Boosts used Cost to be deducted 1 boost used £39 to be deducted 2 boosts used £44 to be deducted 3 boosts used £49 to be deducted 4 boosts used £59 to be deducted 5 boosts used £69 to be deducted 6 boosts used £79 to be deducted 7 boosts used £89 to be deducted
- Annual packages cannot be cancelled or downgraded. However, at our discretion, we may allow a user to cancel an annual package to increase their overall number of listings by opting for an alternative professional upgrade package. In these cases, a pro rata refund will be calculated on the remaining time based on the nearest month’s usage. The refund amount for the existing month will be calculated on the volume of Boosts used in that month. For the avoidance of doubt, the month period will run from the date of purchase. The new higher listing upgrade package must be purchased at the time of cancellation. This doesn’t affect your right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges Regulations) 2013 (the "Regulations") as outlined in clause 5.6
- Refunds will be made via your original method of payment and will usually be processed within 7 working days.
- Please note that you will no longer have the right to cancel your upgraded subscription after your contract for upgraded subscription has been fully performed which in the case of a contract for a 7 day subscription period will be after the expiry of the 7 day period
Additional features for landlords
- This section of these Terms only applies to members of the Platform who are acting as landlords. Any landlords that have registered an account with us, and are paying for an upgraded subscription service, may also elect to take advantage of some of the additional features and services we offer to landlords as described in this section of these Terms.
- We operate a pay per click system, which you can use to give your adverts greater prominence in search listings. Search listings will generally be displayed by relevance to a user’s search query. However, we also permit landlords to set their own pay per click fees to promote their adverts (the "PPC Rate"). Adverts that are subject to such pay per click arrangements will receive greater prominence than normal adverts. Adverts that have the highest PPC Rate set for the relevant search terms will be given the greatest prominence in the search listings on a declining scale.
- If you want to find out more about Featured Ads, email firstname.lastname@example.org or call 0161 768 1162.
- Certain subscription packages include Boosts, which can be used to push your ads back up to the very top of the listings. Once applied, the ad remains Boosted for 24 hours. The search results page your Boosted ad appears on, and its position on that page, is determined by the number of New Today and/or Boosted ads posted to SpareRoom after your Boost was applied. For a full explanation of how ads are ranked on SpareRoom please refer to the FAQ section
- Your Boosts can be used on the same ad or applied to different ads, but only one Boost can be used on the same ad within a 24 hour period. Once Boosted, an ad can't also be Renewed. For an overview of our Renew feature please refer to clause 4.9
- The number of Boosts applied to your account is calculated as 50% of the monthly listings your package contains, rounded down to the nearest whole number. For example, a user with 10 listings gets 5 boosts per month, a user with 5 listings gets 2. The number of Boosts available to use resets each month on your subscription payment date. Unused Boosts can’t be carried over or saved. Once a Boost has been successfully applied to an ad it can't be paused or applied to another ad.
- For more information on Boosts and how they work, please contact customer services on 0161 768 1162.
- We may also permit certain landlords who are advertising a large number of properties or rooms on our Platform to include their own branding on their adverts and/or to be awarded "pro landlord status" and have that status recognised in their adverts. These additional services are offered entirely at our discretion and you may be required to pay additional fees and/or sign up to additional terms before you are able to take advantage of them. If you’re interested in finding out more please contact us to discuss this further.
Lodger and tenancy agreements
- We always recommend that you enter into a lodger agreement when acting as a live in landlord. Both tenancy and lodgers agreements are available to purchase and download from our Platform. To purchase an agreement simply click on the link to download the agreement, enter your payment details and click to confirm the purchase. Please note that, once you have downloaded the agreement, you will not be able to cancel the purchase and claim a refund as you will have already received the benefit of this service.
- Both our lodger and tenancy agreements have been provided by a third party. We cannot be held responsible for any failure or deficiency in such agreements and any reliance you place on them is entirely at your own risk. You are advised to make your own inquiries and check that the agreement is suitable for your needs before entering into any legally binding commitment.
Until let upgrade
- This upgrade is reserved for Live in Landlords only. This upgrade can run up to a maximum of 12 months or until the property has been let or is no longer available or no longer being advertised on the SpareRoom site. After this initial 12 month period, the upgrade can be extended at our discretion but can be stopped at any stage.
- Extensions to this upgrade are not applied automatically and must be requested by the advertiser within 14 days of the upgrade expiring.
- We reserve the right to ask for evidence that the advertiser owns and resides within the property.
- Featured Ads
- This section of these Terms only applies to members of the Platform who are acting as landlords. Any landlords that have registered an account with us, and are paying for an upgraded subscription service, may also elect to take advantage of some of the additional features and services we offer to landlords as described in this section of these Terms.
User generated content
- In these Terms:
- "Intellectual Property Rights" means patents, rights in inventions, trademarks and service marks, domain names, registered designs and design rights, copyright (including rights in computer software and databases), database rights, moral rights and any rights of privacy or confidentiality (in each case whether registered or unregistered and for the full period of protection including any extensions, revivals and renewals) and including any applications for the same and the right to apply for any of the foregoing anywhere in the world, and all similar or analogous rights anywhere in the world; and
- "User Generated Content" means any information, text, image, photo, audio, video, works of authorship or other content or materials of any kind which are uploaded, posted, published, displayed, transmitted, shared or otherwise made available on the Platform by you or any other user, including any advert or any such content or materials included in any advert.
- The Platform includes functionality that enables you to submit or upload User Generated Content directly to the Platform, including, without limitation, by posting adverts on the Platform. By posting any User Generated Content to the Platform you are representing and warranting (which is a legal promise) to us that you have not posted or submitted any User Generated Content to the Platform:
- which is confidential, defamatory, offensive, infringing, obscene, sexually explicit, indecent, discriminatory or otherwise unlawful or objectionable;
- that you do not own, have the right to post, or for which you do not have the permission of the owner or any other relevant person who may have rights in or connected to such User Generated Content, including any individuals who appear in any photos or other images that you upload to the Platform;
- if submitting it to the Platform would be a breach of the Data Protection Act 1998 or any other applicable data protection or privacy legislation; or
- if submitting it to the Platform would infringe the Intellectual Property Rights of another person.
- SpareRoom is committed to equal opportunities. You agree that you will not advertise on the Platform in such a way as to discriminate against any particular nationality, racial, ethnic, or religious group, sexual orientation, age, gender or disability. For details on discrimination law as it applies to housing click here. In cases where a preference is permitted, we ask for an explanation to be outlined within your advert for that preference. If no satisfactory explanation is provided, we reserve the right to remove that section of your advert without notice.
- You must, by law, ensure that all adverts you post to the Platform contain full details of any fees associated with entering into the relevant lodging or tenancy arrangement, including any agency fees that may apply.
- You acknowledge that it is your responsibility to ensure that your adverts comply with all applicable laws, including any laws in relation to discrimination and transparency of pricing.
- You acknowledge that any User Generated Content that you post to the Platform may be seen by other users of the Platform.
- You are responsible for your relationship with other members of the Platform. However, we reserve the right, but are not obliged, to monitor disputes between you and other members.
- You agree that you shall indemnify and compensate us for any loss, liability, claim, damage or expense (including reasonable legal fees and court fees) suffered by us as a result of:
- any breach by you of the warranties and representations in section 7.2; and
- any third party claim against us in connection with any adverts posted to the Platform under your account.
- In these Terms:
Notice and take down procedure
- Although we take reasonable steps to scan adverts that are posted to our Platform for spam and scams, we do not actively monitor all the adverts and other User Generated Content on the Platform. We do not therefore accept any responsibility or liability for any User Generated Content on the Platform.
- If you become aware that other members of the Platform have posted any adverts or other User Generated Content that is inaccurate, inappropriate, offensive (or does not comply with any of the provisions of these Terms) you may notify us by contacting us at email@example.com.
- We may, without notice, remove any adverts or other User Generated Content posted to the Platform that, in our sole judgement, violates these Terms or may be offensive, illegal, inaccurate, misleading or may violate the rights, or harm or threaten the safety of any person.
- For the avoidance of doubt, any decision we make in connection with the removal of any adverts or other User Generated Content from the Platform is final and we accept no liability to you in respect of any such decision.
- We do not claim any ownership of any Intellectual Property Rights in the User Generated Content that you or any other user posts to the Platform. After posting any User Generated Content you retain all rights of ownership in it and you may use the User Generated Content in any way you choose (provided it does not breach these Terms).
- By submitting any User Generated Content to the Platform you automatically grant us the indefinite right to reproduce, display, modify, manage, distribute and store such User Generated Content as part of the Platform or as part of any materials used to promote or advertise the Platform anywhere in the world.
- We will not be under any obligation whatsoever to pay you for any of the User Generated Content you upload to the Platform.
- Save in respect of the User Generated Content, all Intellectual Property Rights in and to the Platform and all content and materials contained on the Platform are owned by and shall remain owned by us or our licensors. You may view, use, download and print any materials and information made available to you through the Platform subject to the following conditions:
- the material may only be used for your personal non-commercial use;
- the material shall not be reproduced or included in any other work or publication in any medium;
- the material may not be modified or altered in any way;
- the material may not be distributed or sold to any third party; and
- you may not remove any copyright or other proprietary notices contained in the material.
- These Terms are not intended to prevent you recording in manual form any individual item of information, or disclosing any individual item of information, free of charge, to friends or relations for non-commercial purposes, provided you take all reasonable steps to ensure that any person to whom you may disclose that information complies with these Terms.
- If we have to postpone, cancel or modify an event, we’ll inform attendees via email as soon as possible.
- We reserve the right to exclude individuals from an event if their behaviour is threatening, offensive or in any way inappropriate. Exclusion may lead to a ban on registering for future events.
- At every SpeedFlatmating event we take photos of the room and people in attendance to use for promotional purposes. By signing up for an event you give your consent to this photography and agree SpareRoom will own any such footage and may use it for promotional purposes without restriction. If you don’t want to be photographed, please let a member of staff know.
- To the fullest extent permitted by applicable law and, except as expressly provided in these Terms, the Platform and all content, products and services provided through it are provided on an "as is" basis. We do not make any representation or warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise), in relation to the Platform or any content, products and services provided through it including, without limitation, any warranties in relation to fitness for a particular purpose or in relation to the quality, completeness, accuracy or reliability of the Platform and all content, products and services provided through it.
- Without limiting the generality of the foregoing you acknowledge and agree that any rooms, flats, houses, properties or tenancy arrangements are provided by our members and not by us. We have no control over, nor accept any responsibility or liability for, any such arrangements or issues you may encounter with them.
- We do not inspect any of the properties or rooms that feature in adverts on our Platform. We strongly advise you to inspect properties thoroughly before you make any binding commitments in respect of any properties or rooms listed on our Platform.
- The information made available on the Platform, whether posted by us or by any other users, is provided for information purposes only. We cannot guarantee that any adverts or other information provided on the Platform will be correct, accurate, up to date or meet your needs or requirements. The information provided on the Platform is not intended to be professional or legal advice of any kind and should not be relied on as such. Any reliance you place on any materials or information made available on the Platform is entirely at your own risk.
- Although we do our utmost to ensure a reliable service we do not guarantee that the Platform will always be available or error free, that defects will be corrected, or that the Platform or the server that makes it available are or will be always free of viruses or other harmful components.
- Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Please check the local laws of the jurisdiction in which you are resident to determine the extent to which any implied warranties may be relevant to our legal relationship with you.
- Nothing in these Terms is intended to disclaim or exclude any warranty or liability that cannot be disclaimed or excluded by operation of applicable law.
- We reserve the right to withdraw or discontinue any product or service at any time at our sole discretion.
Limitation of liability
- Nothing in these Terms limits or excludes our liability for: (a) death or personal injury caused by negligence; (b) any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us; (c) breach of your legal rights as a consumer in relation to the services or products provided by us; or (d) any other liability which may not be limited or excluded by applicable law.
- Subject to section 11.1 above, you agree that we shall not be liable for: (a) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind; or (b) any direct or indirect loss of profit, anticipated savings, opportunity or business and loss, corruption or damage to data, in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with: (i) any use of this Platform or the services provided through it; (ii) any failure or delay in the use of any component of the Platform or any service including, without limitation, any unavailability of the Platform or the services provided through it irrespective of the duration of any period of unavailability; (iii) any use of or reliance upon any adverts, information, material, or other products or services offered through the Platform, in all cases even if we have been forewarned of the possibility of such loss or damage; and (iv) any tenancy or lodging arrangements of any kind that you enter into as a result of using our Platform.
- Subject to section 11.1 above and without limiting section 11.2 in any way our total aggregate liability to you under these Terms whether based in contract, tort (including negligence), strict liability, or otherwise shall be limited to direct losses not to exceed the greater of: (a) total payments you have made to us for services offered to you through the Platform in the 12 months preceding your claim; and (b) [£250].
Third party sites
- This Platform contains links to other websites operated by third parties that are not under our control. We make no guarantees, warranties or representations whatsoever about any third party websites that you may access through this Platform, or any services that may be provided through such third party websites.
- Without limiting the foregoing, please note that any third party websites that you may access by clicking on a link available on our Platform are in no way approved, vetted, checked or endorsed by us and you agree that we shall not be responsible or in any way liable to you for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on such third party websites. If you choose to access any such third party website that we do not control, you do so entirely at your own risk. In addition, please note that your use of any such third party website may be subject to that third party’s additional terms and conditions.
- We may remove the Platform or cease the provision of any of the services made available through it, or terminate your membership of the Platform, at any time in our sole discretion for any reason whatsoever.
- In the event that we remove the Platform or terminate your account through no fault of your own and in circumstances where you have not breached these Terms you will be entitled to a refund for any unused subscription fees that you have pre-paid to us.
- We may in our absolute discretion either suspend or terminate any accounts which we deem to be in violation of any of these Terms. If you are found to have breached these Terms and we choose to terminate your account you will not be entitled to a refund of any subscription fees you have pre-paid to us.
- You may de-activate (either temporarily or permanently) your account with us at any time by notifying us that you wish to do so at the following email address firstname.lastname@example.org.
- Termination of these Terms and/or your account with us, howsoever caused, shall not affect the accrued rights and liabilities of either you or us as at the time of such termination.
Data Protection and Privacy
- Subject to section 11.1, you shall have no remedy in respect of any untrue statement made to you upon which you relied in entering into these Terms other than for any breach of our express obligations set out in these Terms.
- These Terms do not create or infer any rights that are enforceable by any person who is not party to them.
- You may not assign, sub-license or otherwise transfer any of your rights and obligations in these Terms to any other person.
- If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.
- If any part of these Terms is found to be illegal, invalid or otherwise unenforceable by a court or regulator, then, where required, that part shall be deleted from the Terms and the remaining parts of the Terms will continue to be enforceable.
- These Terms, including their subject matter and formation, are governed by English law. You agree that the courts of England and Wales will have exclusive jurisdiction over any dispute arising out of or in connection with these Terms, save that if you are a resident of Northern Ireland or Scotland you may also bring proceedings in the jurisdiction in which you are resident.