Terms and Conditions
Jakuta Limited Website Terms and Conditions
Welcome to www.whenurent.co.uk. Any access to and/or use of this Website is governed by the terms and conditions of use set out below (“Terms and Conditions”) and our Privacy Policy. Access to and/or use of this Website implies your agreement and acceptance of these Terms and Conditions and our Privacy Policy. If you do not accept these Terms and Conditions or our Privacy Policy, please do not proceed any further and leave this Website immediately.
This Website allows Tenants of privately rented properties to Upload Reviews of their tenancy, their landlords, Letting Agents, properties and local areas. Reviews are available for other Users of this Website. This Website is operated by Jakuta Limited (Company Registration Number: 6792938) whose registered office is at 20-22 Bedford Row,
1 DEFINITIONS
1.1 “Account” means the account created on registration of this Website by the Tenant, Advertiser, Letting Agent and/or Landlord. The Tenant, Advertiser Letting Agent and/or Landlord are able to manage passwords and details relating to the Tenant, Advertiser, Letting Agent and/or Landlord’s accounts.
1.2 “Advertiser” means any individual or company representative that buys advertising space on this Website.
1.3 “Company” means “Jakuta Limited” “we”, “our”, “ours” or “its”.
1.4 “Content” means all text, articles, advertisements, scripts, personal or professional information, information, documents, graphics, digital files, photographs, mobile content, sounds, music, audios, or audio-visual files, videos, and interactive features contained on this Website.
1.5 “Intellectual Property Rights” or “IPRs” means any copyright or rights of a similar nature, unregistered and registered trade marks, service marks, unregistered designs, and registered designs including the right to register any such rights.
1.6 “Landlord” means the landlord renting a property to the Tenant.
1.7 “Letting Agent” means the letting agent through which a Tenant has rented a property.
1.8 “Mark a Property” means where a Review(s) of a property has been posted on this Website, the Landlord and/or the Letting Agent will be able to mark the property as available for rent through the Landlord and/or the Letting Agent.
1.9 “Media” means any and all multi media ch
1.10 “Membership” means the registration by a User to become a Tenant and the option of the Tenant to create the Tenant’s profile on this Website in accordance with Clause 3.1.5.
1.11 “Moderator” means an individual with full access to all functionalities within this Website with the responsibility of monitoring the Content and Reviews of the Website from time to time.
1.12 “Payment” “means the payment of a monthly fee by the Landlord, the Letting Agent and/or the Advertiser.
1.13 “Parties” means the Company, the Advertiser, Landlord, Letting Agent, Tenant and User.
1.14 “Privacy Policy” means the privacy policy with URL [Privacy Policy URL Link].
1.15 “Reviews” means any review of a tenancy, landlord, letting agent, property or local area Uploaded by a Tenant on this Website.
1.16 “Services” mean the services available on this Website.
1.17 “Tenant”, “you” or “your” means a User that has registered to gain Membership of this Website in accordance with Clause 5 below in order to Upload Reviews, access the Services on this Website and have access to this Website via a computer or mobile device. Tenants may also represent a local organisation or community, in which case the Tenant takes full responsibility for that representation.
1.18 “Upload” or “Uploading” means uploading of Reviews onto this Website.
1.19 “User” means the user using this Website via a computer or mobile device. The User’s use of this Website will be limited to viewing Content only. In order to Upload Reviews onto this Website or to access this Website, the User will first have to register as a Tenant and create an Account. When registering, the User must provide accurate and complete
1.20 “Website” means the website with URL [Website URL].
2 YOUR ACCEPTANCE
2.1 These Terms and Conditions are the legally binding terms and conditions on the Advertiser, the Landlord, the Letting Agent, the Tenant and the User in order to gain access to this Website. The Parties will be bound by the following:
2.1.1 The Terms and Conditions found at [Terms and Conditions URL Link]; and
2.1.2 The Privacy Policy found at [Privacy Policy URL Link] and incorporated into these Terms and Conditions by reference.
2.2 The Advertiser, the Landlord, the Letting Agent and the Tenant will be required to accept these Terms and Conditions before the registration process is completed, thereby forming a valid contract with the Company.
2.3 Only Advertisers, Landlords, Letting Agents and Tenants that are permitted under the laws of the jurisdiction in which they access the Website shall be permitted to accept these Terms and Conditions and continue using this Website.
2.4 The Company reserves the right to amend or revise these Terms and Conditions and/or the Privacy Policy at any time at the Company’s sole discretion. Any changes to any of these said documents will come into effect at the time they are posted on this Website. The last amendment date will be displayed at the end of the Terms and Conditions or Privacy Policy. Access to and/or use of this Website after the Terms and Conditions and/or or Privacy Policy have been updated, constitute their acceptance as updated.
3 USE OF WEBSITE
3.1 There are six main sections to this Website:
3.1.1 Home section comprising links to other sections of the Website. In this section, Users, Advertisers, Landlords, Letting Agents and/or Tenants will be able to search for Reviews. Users will be able to create an Account by registering.
3.1.2 Reviews section comprising Reviews Uploaded by Tenants. In this section the Tenants will be able to add new Reviews and discuss them with other Tenants.
3.1.3 People section comprising the areas in which Tenants may contact other Tenants and search for other Tenants.
3.1.4 Mail section comprising an ‘inbox’, ‘sent box’ and ‘draft box’.
3.1.5 Profile section comprising ‘profiles’ and ‘my account’. The Tenants are able to Upload information about themselves and can choose which aspect of their profiles are to be made public or remain private.
3.1.6 Advertisements – There will be a number of advertisements placed by Advertisers on this Website.
3.2 This Website contains a registration process in order for the Advertiser, the Landlord, the Letting Agent and the Tenant to gain access to the Website.
3.3 There is a process for the Payment on this Website.
3.4 The Advertiser, the Landlord and the Letting Agent must accept and agree to these Terms and Conditions before the Payment will be made.
3.5 All prices are displayed in GBP. Payments by credit card will be subject to a 2% handling charge
3.6 Payment is accepted by credit card or debit card or via Paypal. Paypal accepts payment using the following cards: VISA, VISA ELECTRON, SWITCH, MEASTRO, SOLO, MASTERCARD and AMERICAN EXPRESS. Paypal also accepts payments by direct debit. The Company does not at any material time have access to card payment details.
3.7 Once the Advertiser has made the Payment, this will allow the Advertiser to advertise on this Website. The rights granted by the Payment are as provided in Clause 4 below.
3.8 The Advertiser will be required to make monthly payments and any advertisement will be removed until the Payment has been made.
3.9 Once the Landlord has made the Payment, this will allow the Landlord to Mark a Property on this Website. The rights granted by the Payment are as provided in Clause 4 below.
3.10 The Landlord will be required to make monthly payments and the Landlord will be removed until the Payment has been made.
3.11 Once the Letting Agent has made the Payment, this will allow the Letting Agent to Mark a Property on this Website. The rights granted by the Payment are as provided in Clause 4 below.
3.12 The Letting Agent will be required to make monthly payments and the Letting Agent will be removed until the Payment has been made.
Advertisers
3.13 Subject to Clause 2.1, the Advertiser will be able to advertise on this Website by entering into a contract with the Company. A contract is formed between the Advertiser and the Company at the point when the Advertiser:
3.13.1 Registers on this Website, makes the Payment and the Payment is cleared; and
3.13.2 The Advertiser’s e-mail address has been validated as part of the process.
3.14 The Payment shall be a monthly fee (as provided on this Website from time to time) payable by the Advertiser.
Landlords
3.15 Subject to Clause 2.1, the Landlord will be able to Mark a Property by entering into a contract with the Company. A contract is formed between the Landlord and the Company at the point when the Landlord:
3.15.1 Registers on this Website, makes the Payment and the Payment is cleared; and
3.15.2 The Landlord’s e-mail address has been validated as part of the process.
3.16 The Payment shall be a monthly fee (as provided on this Website from time to time) payable by the Landlord.
Letting Agents
3.17 Subject to Clause 2.1, the Letting Agent will be able to Mark a Property by entering into a contract with the Company. A contract is formed between the Letting Agent and the Company at the point when the Letting Agent:
3.17.1 Registers on this Website, makes the Payment and the Payment is cleared; and
3.17.2 The Letting Agent’s e-mail address has been validated as part of the process.
3.18 The Payment shall be a monthly fee (as provided on this Website from time to time) payable by the Letting Agent.
Tenants
3.19 A contract is formed between the Tenant and the Company at the point when the Tenant Registers on this Website.
3.20 The Tenant must be over the age of 16 and the Tenant affirms that the Tenant is over 16 years of age (or the legal age to accept these Terms and Conditions in the jurisdiction in which the Tenant accesses this Website). Any User under the age of 18 (or the legal age to accept these terms and conditions in the jurisdiction from which the User uses the Website) that wishes to register on this Website as a Tenant must have permission from a parent or legal guardian to be able to fully and competently enter into the conditions, obligations, affirmations and warranties set out in these Terms and Conditions. Any User under the age of 16 will not be permitted full Membership. The User must at all times be honest about their age when registering. If it is proved that the Tenant has given false
3.21 Registration is free.
4 ADVERTISER’S, LANDLORD’S AND LETTING AGENT’S USE OF THIS WEBSITE
Advertisers
4.1 When the Advertiser registers on this Website and makes the Payment, the Advertiser will be required to provide details including, but not limited to, the first names, last names, e-mail addresses, and company details of the persons acting for and on behalf of the Advertiser wishing to advertise on this Website (where appropriate). Once the Payment has been successfully completed, the Advertiser will be sent an email confirming payment. Once the Payment process is completed, the Advertiser will be able to advertise on this Website.
4.2 When providing the details required under Clause 4.1, the Advertiser must provide accurate and complete
4.3 The Company will not be liable to the Advertiser for any loss incurred by the Advertiser as a result of any unauthorised use of any Content or advertisement on this Website.
Warranty
4.4 The Advertiser warrants, represents and undertakes that the details provided under this Clause 4.1 are true and accurate to the best of the Advertiser’s knowledge.
4.5 By using this Website, the Advertiser grants consent, in accordance with the Data Protection Act 1998, to allow the employees and Administrators of the Company or organisations authorised by the Company in order for the Services to be provided, to access the Advertiser’s personal records where required in accordance with our Privacy Policy, and any personal details of the Advertiser, if appropriate.
4.6 For the avoidance of doubt, no legal relationship shall exist between the Advertiser and the Company until the Payment has been made.
Landlords
4.7 When the Landlord registers on this Website and makes the Payment, the Landlord will be required to provide details including, but not limited to, the first names, last names, e-mail addresses, and company details of the persons acting for and on behalf of the Landlord wishing to use this Website (where appropriate). Once the Payment has been successfully completed, the Landlord will be sent an email confirming payment. Once the Payment process is completed, the Landlord will be able to Mark a Property on this Website.
4.8 When providing the details required under Clause 4.7, the Landlord must provide accurate and complete
4.9 The Company will not be liable to the Landlord for any loss incurred by the Landlord as a result of any unauthorised use of any Content on this Website.
Warranty
4.10 The Landlord warrants, represents and undertakes that the details provided under this Clause 4.7 are true and accurate to the best of the Landlord’s knowledge.
4.11 By using this Website, the Landlord grants consent, in accordance with the Data Protection Act 1998, to allow the employees and Administrators of the Company or organisations required by the Company in order for the Services to be provided, to access the Landlord’s personal records where required in accordance with our Privacy Policy, and any personal details of the Landlord, if appropriate.
4.12 For the avoidance of doubt, no legal relationship shall exist between the Landlord and the Company until the Landlord’s Payment has been made.
Letting Agents
4.13 When the Letting Agent registers on this Website and makes the Payment, the Letting Agent will be required to provide details including, but not limited to, the first names, last names, e-mail addresses, and company details of the persons acting for and on behalf of the Letting Agent wishing to use this Website (where appropriate). Once the Payment has been successfully completed, the Letting Agent will be sent an email confirming payment. Once the Payment process is completed, the Letting Agent will be able to Mark a Property on this Website.
4.14 When providing the details required under Clause 4.13, the Letting Agent must provide accurate and complete
4.15 The Company will not be liable to the Letting Agent for any loss incurred by the Letting Agent as a result of unauthorised use of any Content on this Website.
Warranty
4.16 The Letting Agent warrants, represents and undertakes that the details provided under this Clause 4.13 are true and accurate to the best of the Letting Agent’s knowledge.
4.17 By using this Website, the Letting Agent grants consent, in accordance with the Data Protection Act 1998, to allow the employees and Administrators of the Company or organisations required by the Company in order for the Services to be provided, to access the Letting Agent’s personal records where required in accordance with our Privacy Policy, and any personal details of the Letting Agent, if appropriate.
4.18 For the avoidance of doubt, no legal relationship shall exist between the Letting Agent and the Company until the Letting Agent’s Payment has been made.
5 TENANT’S USE OF THE WEBSITE
5.1 When the User is asked to register on this Website to become a Tenant, the User will be required to enter the User’s first names, last names and an e-mail address, password and any company details (where appropriate).
5.2 In order to Upload Reviews onto this Website or gain access to the Services on this Website, the User will first have to register to become a Tenant and create an Account in accordance with Clause 5.1 above. When registering on this Website, the User must provide accurate and complete
5.3 The Tenant will have to log onto this Website in order to access the Services on this Website and/or to Upload Reviews onto this Website. Once the Tenant has logged onto the Website, the Tenant may:
5.3.1 Upload Reviews onto this Website;
5.3.2 Change Reviews after Uploading them;
5.3.3 Search for and/or download Reviews from the Website;
5.3.4 Create a professional or personal profile;
5.3.5 Flag any Reviews for copyright checking;
5.3.6 Flag any Reviews for content checking;
5.3.7 Change own password;
5.3.8 Retrieve own password;
5.3.9 Change security question;
5.3.10 Edit own personal details;
5.3.11 Request account deactivation;
5.3.12 Invite Tenants into ‘my People’;
5.3.13 Contact Tenants in ‘my People’;
Warranty
5.4 You warrant, represent and undertake that the
5.5 By accessing this Website, you grant consent, in accordance with the Data Protection Act 1998, to allow the employees or Administrators of the Company or organisations required by the Company in order to access your personal records where required, in accordance with our Privacy Policy.
5.6 The Company will restrict the use of vulgar, inappropriate and offensive names as part of the registration process.
6 GENERAL POINTS FOR MEMBERSHIP AND PAYMENT
6.1 In the event that the Advertiser, the Landlord, the Letting Agent and/or the Tenant become aware of any unauthorised access to the Advertiser, the Landlord, the Letting Agent and/or the Tenant’s Account, the Advertiser, the Landlord, the Letting Agent and/or the Tenant must notify the Company immediately by sending an e-mail to: info@whenurent.com.
6.2 The Advertiser, the Landlord, the Letting Agent and/or the Tenant will be solely accountable to the Company for all activities taking place in connection with the Advertiser, the Landlord, the Letting Agent and/or the Tenant’s Account.
6.3 The Advertiser, the Landlord, the Letting Agent and/or the Tenant will not be entitled to use another Advertiser, Landlord, Letting Agent and/or Tenant’s Account without permission.
6.4 In the event that the Advertiser, the Landlord, the Letting Agent and/or the Tenant breach any of these Terms and Conditions or the terms of the Privacy Policy the Advertiser, the Landlord, the Letting Agent and/or the Tenant will no longer be able to use this Website.
6.5 In the event that the Tenant breaches any of these Terms and Conditions or the terms of the Privacy Policy Membership of this Website will be revoked immediately.
6.6 The Company will not be liable to the Advertiser, the Landlord, the Letting Agent and/or the Tenant for any loss incurred by the Advertiser, the Landlord, the Letting Agent and/or the Tenant as a result of unauthorised use of the Advertiser, the Landlord, the Letting Agent and/or the Tenant’s Account. The Advertiser, the Landlord, the Letting Agent and/or the Tenant may be liable to the Company for any loss incurred by the Company due to such unauthorised use.
7 COMPANY OBLIGATIONS
7.1 The Company is responsible for facilitating the Services on this Website with care and professionalism.
7.2 Any changes to these Terms and Conditions shall be communicated to the Advertiser, the Landlord, the Letting Agent and/or the Tenant in accordance with Clause 2.4 above.
7.3 The Company shall endeavour to establish and maintain reasonable safeguards against the destruction, loss or unauthorised alteration of this Website and shall institute security procedures to restrict unauthorised access to this Website, data and data files, including any back up material.
7.4 For the avoidance of doubt, the Company gives no warranties as to the Services or the suitability of the Services for a particular purpose. The Company shall not be liable in anyway whatsoever in the event that the User, Advertiser, Landlord, Letting Agent and/or Tenant do not deem this Website or the Services on this Website to be beneficial.
8 GENERAL USE OF THE WEBSITE PERMISSIONS AND RESTRICTIONS
8.1 The Company grants the User, Advertiser, the Landlord, the Letting Agent and the Tenant permission to use this Website provided that:
8.1.1 The User, Advertiser, the Landlord, the Letting Agent and the Tenant act responsibly in using and/or accessing this Website and treat other User, Advertiser, the Landlord, the Letting Agent and the Tenant with respect;
8.1.2 The User, Advertiser, the Landlord, the Letting Agent and the Tenant do not alter or modify any part of this Website, including any related technologies;
8.1.3 The User and the Tenant do not access Reviews through any unauthorised means or technology;
8.1.4 The Tenant does not Upload Reviews through any unauthorised means or technology; and
8.1.5 The Tenant does not exploit this Website by Uploading Reviews for any commercial activity, without the prior written authorisation of the Company. Commercial activity of the Tenant includes, but is not limited to:
8.1.5.1
8.1.5.2 Sale of advertisements on ANY website targeted to the Reviews Uploaded onto this Website or the Content; and
8.1.5.3 Such other activities that the Company may specify from time to time.
8.2 The User and the Tenant must not impersonate another person’s identity or misrepresent the User’s or the Tenant’s own identity or affiliation including using another’s personal details, password, account name, email or other such
8.3 The Tenant must not Upload any copyright Reviews owned by a third party and all Reviews Uploaded by the Tenant must be original.
9 USE OF CONTENT ON THE SITE
9.1 In addition to the Terms and Conditions of this Website, the following restrictions and conditions apply directly to the User, the Advertiser, the Landlord, the Letting Agent and/or the Tenant viewing or using Content and/or using the Services on this Website (including, but not limited to, the Tenant Uploading Reviews):
9.1.1 The Company owns all Content on this Website including the text, software, scripts, graphics, photos, except Content arising out of or in connection with Reviews Uploaded by the Tenant;
9.1.2 The User, the Advertiser, the Landlord, the Letting Agent and/or the Tenant will be prohibited from downloading, copying, distributing, transmitting, reproducing, broadcasting, displaying, selling, licensing, or otherwise exploiting Content on this Website whatsoever without the prior written consent of the Company, except where the Website is configured to enable a download, whereupon the User, the Advertiser, the Landlord, the Letting Agent and/or the Tenant may download one copy of any Review to a single computer for home-usage. The Company is not responsible for the websites to which the Company is linked and does not assume any affiliation with any other websites unless otherwise stated;
9.1.3 The User, the Advertiser, the Landlord, the Letting Agent and/or the Tenant will be prohibited from downloading, copying, distributing, transmitting, reproducing, broadcasting, displaying, selling, licensing, or otherwise exploiting Reviews from this Website, except where the Tenant downloads, copies, distributes, transmits, reproduces, broadcasts, displays, sells, licenses, or otherwise exploits Reviews owned by the Tenant. In the event that the Company offers software to download, the Company will not transfer ownership of the software title to the User, the Advertiser, the Landlord, the Letting Agent and/or the Tenant. The User, the Advertiser, the Landlord, the Letting Agent and/or the Tenant may not use or decompile the software; and
9.1.4 The Tenant will be prohibited from Uploading any Reviews on this Website that are not owned by the Tenant.
10 OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
10.1 This Website and any and all IPRs are owned by the Company save in respect of any IPRs belonging to any licensor, Advertisers, partners, investors, sponsors of this Website or any Tenant.
10.2 The Advertisers grant the Company the right to display, broadcast, use and reproduce the advertisements contained on this Website.
10.3 For the avoidance of doubt, all Intellectual Property Rights arising out of and/or in connection with the advertisements are owned by the Advertisers.
11 USE OF REVIEWS UPLOADED AND ADVERTISEMENTS
11.1 The Tenant may Upload Reviews onto this Website. Once the Tenant Uploads any Reviews onto this Website, the Tenant will retain all ownership in the Intellectual Property Rights in the content arising out of and/or in connection with such Reviews, provided the Tenant is the owner of such rights.
11.2 The Tenant acknowledges, represents and warrants that:
11.2.1 The Tenant has obtained all necessary licenses, rights, consents, and permissions which are required under law to enable the Company and its successors or assigns to display, broadcast, reproduce or use the Reviews Uploaded by the Tenant in connection with this Website or disseminate or distribute such Reviews Uploaded by the Tenant in connection with this Website; and
11.2.2 The Tenant will be solely responsible for the content of Reviews Uploaded to this Website by the Tenant and for any consequential losses including any loss of profit or loss of business by the Company that may arise from Uploading such Reviews by the Tenant. The Company shall not be liable to the Tenant, or any person claiming through any Tenant for any disclosure or exploitation of the Reviews being Uploaded onto this Website.
11.3 The Advertiser acknowledges, represents and warrants that:
11.3.1 The Advertiser has obtained all necessary licenses, rights, consents, and permissions which are required under law to enable the Company and its successors or assigns to display, broadcast, reproduce or use the advertisements of the Advertiser in connection with this Website or disseminate or distribute such advertisement in connection with this Website; and
11.3.2 The Advertiser will be solely responsible for the content of advertisements on this Website and for any consequential losses including any loss of profit or loss of business by the Company that may arise from the advertisements. The Company shall not be liable to the Advertiser, or any person claiming through any Advertiser for any disclosure or exploitation of the advertisements on this Website.
11.4 Prohibited Material. The Tenant will not Upload or store on this Website any Reviews which may violate any third party’s or the Company’s Intellectual Property Rights, which may violate the laws of the United Kingdom or which is lewd, offensive, defamatory, harassing, derogatory or otherwise objectionable. The Tenant will not Upload or store on this Website any Reviews which may violate the laws of the country in which the Tenant accesses or Uploads Reviews onto this Website.
11.5 Licence, Representation and Warranty. By Uploading Reviews onto this Website, the Tenant hereby grants to the Company an irrevocable, perpetual, non-exclusive, royalty-free, world-wide, transferable sub-licence and transferable licence to use, reproduce, distribute any and all of the Reviews Uploaded by the Tenant in connection with this Website, the Company and its successors’ business or assigns, including without limitation, for promoting and redistributing part or all of this Website in any Media format and without any requirement of prior permission from the Tenant, or any credit being attributed to the Tenant. The Tenant hereby grants to each User, Advertiser, Landlord, Letting Agent and/or Tenant a non-exclusive licence to view and/or access the Reviews through this Website, and to use, reproduce, distribute such Reviews as permitted through the functionality of this Website and under these Terms and Conditions. The foregoing licence granted by the Tenant will terminate once the Tenant or the Company removes or deletes the Reviews or any part thereof from this Website.
11.6 Removal Right. All Reviews that are Uploaded by the Tenant are subject to approval by the Company from time to time. All Reviews will be automatically scanned via a third party profanity filter prior to being Uploaded. Any potentially offensive Reviews will be put into a “holding cache” for the Website Moderators to assess. If the Review is deemed appropriate (in accordance with these Terms and Conditions and Privacy Policy), the Review will be Uploaded. If the Review is deemed inappropriate, the Review will be blocked and the Tenant will be sent a warning message explaining why the Review was inappropriate. If the Review is deemed in serious breach of the Terms and Conditions, the Tenant may receive an immediate life-long ban. The content will be checked by the Company or the Moderators of this Website on a random basis. The Tenant expressly agrees that the Company may remove, disable or restrict access to or the availability of any Reviews on this Website which the Company believes, in good faith and at the Company’s discretion, violate the Company’s Terms and Conditions. Prohibited content includes but is not limited to Reviews which:
11.6.1 Are patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
11.6.2 Harass or advocate harassment of another individual(s);
11.6.3 Exploit people in a sexual or violent manner;
11.6.4 Contain nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
11.6.5 Solicit confidential or personal information from anyone under 18;
11.6.6 Publicly post information that poses or creates a privacy or security risk to any person;
11.6.7 Constitute or promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
11.6.8 Involve the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing, instant messaging or “spamming”;
11.6.9 Involve the use of the Company’s domain name as a pseudonymous return email address for any communications which you transmit from another location or through another person compromises any right of a third party such as copyright infringement, patent, trademarks, and other proprietary rights, or distributing another’s personal
11.6.10 Contain restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11.6.11 Further or promote any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, theft, child pornography, sexual assault, violating someone’s privacy, or providing or creating computer viruses;
11.6.12 Solicit passwords or personal identifying information for commercial or unlawful purposes from other Tenants; or
11.6.13 Involve commercial activities and/or sales without prior written consent from the Company.
11.7 The Company is under no obligation to any Advertiser, Landlord, Letting Agent and/or Tenant and therefore may refuse to remove any Reviews from this Website.
12 TERMINATION RIGHT
12.1 The licences granted by the Tenant in Clause 11.6 above, will terminate when the Tenant removes or deletes Reviews from this Website. In the event that the Tenant elects to terminate the Tenant’s legal agreement with the Company, the above licences granted by the Tenant in the Reviews that are NOT removed or deleted by the Tenant prior to the Tenant closing the Account are perpetual and irrevocable, but are otherwise without prejudice to the Tenant’s ownerships rights.
13 DISCLAIMER (REVIEWS)
13.1 The Company does not endorse the content of any Reviews Uploaded onto this Website by the Tenant and expressly excludes any and all liability in connection with the Uploading of such Reviews by the Tenant.
13.2 The Company does not endorse the content of any advertisements on this Website and expressly excludes any and all liability in connection with such advertisements.
14 LIMITATION OF LIABILITY
14.1 Nothing in these terms and conditions shall exclude or in any way limit the Company’s liability for fraud, or for death or personal injury caused directly by its negligence, or any other liability to the extent such liability may not be excluded or limited as a matter of law. Subject to this:
14.1.1 The Company’s maximum aggregate liability under or in connection with the Advertiser, the Landlord, and/or the Letting Agent under these Terms and Conditions, whether in contract, tort or otherwise, will in no circumstances exceed the Payments made by the Advertiser, the Landlord and/or the Letting Agent respectively under these Terms and Conditions;
14.1.2 The Company will under no circumstances whatsoever be liable to the Advertiser, the Landlord, the Letting Agent and/or the Tenant under these Terms and Conditions as the Advertiser, the Landlord, the Letting Agent and/or the Tenant are using the Services on this Website at their own risk;
14.1.3 The Company will not be liable to the Advertiser, the Landlord, the Letting Agent and/or the Tenant under these Terms and Conditions for any loss of actual or anticipated income or profits, loss of contracts or for any special, indirect or consequential loss or damage (whether in negligence or breach of statutory duty) of any kind howsoever arising and whether caused by tort, breach of contract or otherwise, whether or not such loss or damage is foreseeable, foreseen or known.
14.2 It is the Company’s policy not to tolerate any acts of intellectual property infringement or violations of the laws of the
15 POLICY
15.1 Under no circumstances shall the Company, its officers, directors, employees, or agents be liable to the Parties in the event that any Reviews on this Website Uploaded by the Tenant are held to infringe any third party’s Intellectual Property Rights.
15.2 The Company, its officers, directors, employees, or agents neither make nor give any representations or warranties express or implied as to the quality, suitability or authenticity of any Reviews Uploaded by the Tenant on this Website.
15.3 Under no circumstances will the Company, its officers, directors, employees, or agents be liable for any damages, including, without limitation, direct, indirect or consequential loss or damage of any kind however caused and whether arising under contract, tort or property damage.
15.4 Under no circumstances shall the Company, its officers, directors, employees, or agents be liable for any bugs, trojan horses, viruses, or the like which may be transmitted to or through this Website by any third party.
15.5 The Advertiser, the Landlord, the Letting Agent and/or the Tenant agree to indemnify and keep the Company indemnified against any and all claims for infringement of any Intellectual Property Rights brought by a third party as a result of the Advertiser’s, the Landlord’s, the Letting Agent’s and/or the Tenant’s use of and/or access to this Website.
15.6 The Advertiser, the Landlord, the Letting Agent and/or the Tenant agree to indemnify and keep the Company indemnified against any and all losses or liabilities incurred directly by the Company and against any and all loss or damage of any kind suffered as a result of the Advertiser’s, the Landlord’s, the Letting Agent’s and/or the Tenant’s misuse of this Website and/or any breach or non-observance of these Terms and Conditions or the terms of the Privacy Policy by the Advertiser, the Landlord, the Letting Agent and/or the Tenant.
16 COMPLAINTS PROCEDURES
16.1 If the Advertiser, the Landlord, the Letting Agent and/or the Tenant believe that a Tenant has Uploaded Reviews which violate the Terms and Conditions or the terms of the Privacy Policy, the Advertiser, the Landlord, the Letting Agent and/or the Tenant will promptly notify the Company by email at the following address: info@whenurent.com. In order for the Company to respond effectively, please provide the Company with as much detail as possible, including:
16.1.1 The nature of the right infringed or violated (including the registration numbers of any registered trade marks or patents allegedly infringed);
16.1.2 All facts which may lead the Advertiser, the Landlord, the Letting Agent and/or the Tenant to believe that a right has been violated or infringed;
16.1.3 The precise location where the offending Review is located;
16.1.4 Any grounds on which the Tenant who posted the Review was not authorised to do so or did not have a valid defence (including the defence of fair use); and
16.1.5 If known, the identity of the Tenant or persons who Uploaded the infringing or offending Review.
16.2 We reserve the right, but have no obligation to remove any Review except where we are obligated under the law and reserve the right to remove any Review, whenever, and for no reason whatsoever.
17 INDEMNIFICATION
17.1 Subject to Clauses 15.5 and 15.6, the Advertiser, the Landlord, the Letting Agent and/or the Tenant agree to defend, indemnify and hold harmless the Company, its officers, directors, employees, and agents from and against all claims which may be asserted against the Company, including but not limited to, any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses arising from:
17.1.1 The Advertiser , the Landlord , the Letting Agent and/or the Tenant’s use of and/or access to this Website; and
17.1.2 Any Advertiser , Landlord’s, the Letting Agent and/or the Tenant’s violations of these Terms and Conditions.
18 DATA PROTECTION AND CONFIDENTIALITY
18.1 The Company has notified the Information Commissioner in the
18.2 All personal data collected by the Company about the User, the Advertiser, the Landlord, the Letting Agent and/or the Tenant is strictly confidential and will not be shared with any third party except as required by law, and the Company will only use personal data collected about the User, the Advertiser, the Landlord, the Letting Agent and/or the Tenant in accordance with the Data Protection Act 1998 and as detailed in the Privacy Policy.
18.3 The Parties’ data used by the Company will be stored in a database in accordance with the provisions of the Data Protection Act 1998.
18.4 The Parties’ data may be used to
19 LINKS TO THIRD PARTY WEBSITES
19.1 This Website provides links to other third party sites on the Internet. These sites may contain
19.2 By using a third party website, the Advertiser, the Landlord, the Letting Agent and/or the Tenant expressly relieve the Company of any and all liabilities arising out of or in connection with such use.
19.3 The Advertiser, the Landlord, the Letting Agent and/or the Tenant acknowledge and agree that the Company is not responsible for the availability of any third party sites. Furthermore, the Company does not endorse any advertising, products or other information available from any third party sites.
19.4 The Advertiser, the Landlord, the Letting Agent and/or the Tenant acknowledge and agree that the Company is not liable for any loss or damage which may be incurred by the User, the Advertiser, the Landlord, the Letting Agent and/or the Tenant as a result of the availability of any third party sites, or as a result of any reliance placed by the User, the Advertiser, the Landlord, the Letting Agent and/or the Tenant on the completeness or accuracy of any advertising, products or other information available from any third party sites.
20 SITE AVAILABILITY
20.1 The Company will endeavour to have this Website running efficiently and accessible at all times. However, the Advertiser, the Landlord, the Letting Agent and/or the Tenant will be notified on the homepage of this Website of any times when the Website may be unavailable due to scheduled maintenance work.
20.2 The Company will not be responsible for any unscheduled downtime which may occur as a result of its servers experiencing technical problems, or the need to carry out emergency maintenance work.
20.3 Neither the Company nor any other party has control over the Internet which is a global decentralised network of computer systems. Interruptions to this Website’s availability may occur due to causes beyond the control of the Company, such as system malfunction or failures of third parties. In these circumstances, the Company will use its reasonable endeavours to restore the service as soon as reasonably practicable.
21 TERMINATION
21.1 These Terms and Conditions will apply until terminated by either the Advertiser, the Landlord, the Letting Agent, the Tenant or the Company in accordance with Clauses 21.2, 21.3 or 21.4 below.
21.2 In the event that the Tenant wishes to terminate the legal agreement with the Company, the Tenant may do so at any time by notifying the Company and closing the Tenant’s Account. The Tenant’s notice should be sent via e-mail to info@whenurent.com.
21.3 The Company may terminate its legal agreement with either one of the Parties or immediately if:
21.3.1 They breach any provisions of these Terms and Conditions or the terms of the Privacy Policy;
21.3.2 The Company is required to do so by law;
21.3.3 The Company elects to terminate access to this Website by the Parties situated in the country in which the Parties are resident or from which the Parties may wish to use and/or access this Website;
21.3.4 The Tenant Uploads any unlawful or offensive Reviews or any Reviews containing any libellous statements;
21.3.5 The Advertiser, the Landlord and/or the Letting Agent fails to make Payments as required under this Agreement;
21.3.6 Any of the Parties are found to be manipulating this Website by carrying out any activities including, but not limited to, hacking, using Trojan programmes or attempting to launch automated systems, spiders or offline readers;
21.3.7 Any of the Parties attempt to harvest personal
21.3.8 The User or the Tenant uses the Website for non-agreed commercial purposes; or
21.3.9 THE PARTIES EXHIBIT ANY OTHER UNREASONABLE BEHAVIOUR THAT THREATENS THIS WEBSITE.
21.4 In the event that the Advertiser, the Landlord or the Letting Agent wishes to terminate the legal agreement with the Company, the Advertiser, the Landlord or the Letting Agent may do so at any time by notifying the Company. The Advertiser’s, the Landlord’s or the Letting Agent’s notice should be sent via e-mail to info@whenurent.com.
21.5 For the avoidance of doubt, termination in accordance with Clause 21.3.1, by the Company may result in legal action being brought against the Advertiser, the Landlord, the Letting Agent, the Tenant or the User.
21.6 Upon termination:
21.6.1 All of the legal rights, obligations and liabilities that the Parties and the Company have been subject to which are expressed to continue indefinitely, shall be unaffected by termination. Furthermore, the provisions of Clauses 10, 14, 16, 17 and 18 shall continue to apply to such rights, obligations and liabilities indefinitely and reported to the local law enforcement agencies, if necessary.
21.6.2 For the avoidance of doubt, any Payments due to the Company by the Advertiser, the Landlord or the Letting Agent and not yet paid to the Company, shall be paid to the Company within 28 days of the termination of this Agreement.
22 WEBSITE DISCLAIMER
22.1 THE COMPANY MAKES NO REPRESENTATIONS THAT REVIEWS ON THIS WEBSITE ARE APPROPRIATE AND/OR CORRECT, AND VIEWING AND/OR ACCESSING THEM FROM TERRITORIES WHERE THEIR CONTENTS ARE ILLEGAL IS PROHIBITED. ANY USERS, ADVERTISERS, LANDLORDS, LETTING AGENTS OR TENANTS OF THIS WEBSITE WHO CHOOSE TO USE AND/OR ACCESS THIS WEBSITE FROM OTHER LOCATIONS WILL BE DOING SO ON THEIR OWN INITIATIVE AND WILL BE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE DOMESTIC LAWS.
22.2 THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THIS WEBSITE IS MADE AVAILABLE TO THE USER, THE ADVERTISER, THE LANDLORD, THE LETTING AGENT, AND/OR THE TENANT “AS IS” WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY REVIEWS AND/OR ADVERTISEMENTS ON THIS WEBSITE.
22.3 THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY ADVICE GIVEN BY THIRD PARTIES ON THIS WEBSITE, WHETHER GENERAL OR SPECIFIC, AND THE PARTIES AGREE TO INDEMNIFY THE COMPANY IN ACCORDANCE WITH CLAUSES 15.5, 15.6 AND 17.1 IN RESPECT OF ANY ACTIONS OR CLAIMS AGAINST THE COMPANY ARISING IN ACCORDANCE WITH THIS CLAUSE.
23 ENTIRE AGREEMENT AND SEVARABILITY
23.1 These Terms and Conditions, including the Privacy Policy from time to time constitute the entire understanding between the Parties with respect to the subject matter of this Website and supersede all prior terms and agreements between the Parties relating to it.
23.2 If any clause of these Terms and Conditions is held invalid or unenforceable, the clause shall be construed in a m
24 FORCE MAJEURE
24.1 The Company shall not be liable for any failure to perform its obligations if caused by matters beyond its reasonable control, including the following:
24.1.1 Acts of God such as fire, flood, earthquake, storm, hurricane, or other natural disaster;
24.1.2 War, invasion, act of foreign enemies, hostilities, (Whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation and terrorist activity; or
24.1.3 Government sanction, nationalisation, blockage, industrial dispute, lockout or failure of utility service.
25 JURISDICTION AND CHOICE OF LAW
25.1 These Terms and Conditions shall be governed by the laws of
Date of latest amendment:01/02/2009