Terms of website use

Last updated: 05-09-2019

1.    WHO WE ARE AND HOW TO CONTACT US

Accommodation.co.uk is a Website operated by Accommodation Lettings Ltd (”We”). We are registered in England and Wales under company number 11423942 and have our registered office at WeWork, No1 Spinningfields, Quay St, Manchester M3 3JE.

We are regulated by the Association of Residential Letting Agents

To contact us, please email enquiries@accommodation.co.uk.

2. BY USING OUR WEBSITE YOU ACCEPT THESE TERMS  

By using our Website, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our Website.

We recommend that you print a copy of these terms or download a copy for future reference.

If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these terms and conditions, which will remain in full force and effect. no waiver of any term of these terms and conditions will be deemed a further or continuing waiver of such term or any other term.

3.  THERE ARE OTHER TERMS THAT MAY APPLY TO YOU       

These terms of use refer to the following additional terms, which also apply to your use of our Website:

  • Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our Website. When using our Website, you must comply with this Acceptable Use Policy; and
  • Our Cookie Policy, which sets out information about the cookies on our Website.

If you enter into agreement using our Website, the relevant terms and conditions which are highlighted to you during the process of signing up to the relevant agreement will apply to that agreement.

4.  WE MAY MAKE CHANGES TO THESE TERMS  

We amend these terms from time to time. [These terms of use were last updated on 04/09/19, previous versions can be obtained by contacting us.]

We will notify you we will notify you by Website update or otherwise in relation to material changes.

5.   WE MAY MAKE CHANGES TO OUR WEBSITE  

We may update and change our Website from time to time to reflect changes to our products, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes via the Website.

6.   WE MAY SUSPEND OR WITHDRAW OUR WEBSITE  

Our Website homepage is made available free of charge. Areas which are accessible via login details are not accessed on a free of charge basis and we charge fees for access to these area in accordance with our standard terms of business.

We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for technical, business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal, but have no obligation to actually give notice before we suspend or withdraw use.

You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

7. OUR WEBSITE IS ONLY FOR USERS IN THE UK  

Our Website is directed to people residing in the United Kingdom. We do not represent that content available on or through our Website is appropriate for use or available in other locations.

We make no suggestion that this Website is suitable or accessible for use in other places, and access to it from territories where its substance is illegal is prohibited. Those who choose to access this Website from other places are responsible for observance with relevant local laws and do so on their own initiative.

8.  YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE  

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at admin@accommodation.co.uk

9. HOW YOU MAY USE MATERIAL ON OUR WEBSITE  

We are the owner or the licensee of all intellectual property rights in our Website (including, but not limited to, all software which underpins the use and functionality of the Website), and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on our Website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.

You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our Website in breach of these terms of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

10.  DO NOT RELY ON INFORMATION ON THIS WEBSITE  

The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.

11.  WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO  

Where our Website contains links to other Websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked Websites or information you may obtain from them.

We have no control over the contents of those Websites or resources.

12.  USER-GENERATED CONTENT IS NOT APPROVED BY US  

This Website may include information and materials uploaded by other users of the Website, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Website do not represent our views or values.

If you wish to complain about information and materials uploaded by other users please contact us.

13.  OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU  

Whether you are a consumer or a business user:

We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

This includes liability for death or personal injury caused by our negligence or the negligence of

our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

We cannot provide any guarantee regarding the integrity of the information supplied on this site

tor its users and you should satisfy yourself of the accuracy of any and all information and of the integrity of all individuals you are transacting with before entering into any contract on agreement or making payments directly to them.

The material on this Website is only for information purposes and is provided on an “as is” and “as available” basis without representation or endorsement of any kind and is obtained at your own risk. The material on this Website does not constitute advice and you should not rely on any material in this Website to make (or refrain from making) any decision or take (or refrain from taking) any action. Neither We nor any participant in this Website provides professional advice of any kind and use of such advice or other information is solely at your own risk and without Our liability of any kind.

We will not be liable if for any reason this Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Our control. We makes no warranty that this Website (or websites which are linked to this Website) is free from computer viruses or any other malicious or impairing computer program.

The material on this Website may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information on this Website up to date or liability for any failure to do so.

We have no control over, do not guarantee, and you will not hold Us responsible for:

●   viewings or management of properties

●   the quality, safety or legality of items advertised

●   the truth or accuracy of listings

●   the truth or accuracy of feedback or other content posted by users on this Website

●   the ability of users to vend or pay for items

●   whether a user will actually complete a transaction.

You should not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on this Website.

You accept sole responsibility for the legality of your actions under laws applying to you in connection with your use of this Website and/or the receipt of any services.

We cannot and do not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users’ purported identities or the validity of the information which they provide to us or post on this Website.

13.1  If you are a business user:

  • We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it.
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    • use of, or inability to use, our Website; or
    • use of or reliance on any content displayed on our Website.

In particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

13.2        If you are a consumer user:

  • Please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.

14. INDEMNITY

You agree to indemnify, defend and hold Us harmless from any liability, loss, claim and expense (including reasonable legal fees) related to your breach of these Terms and Conditions.

15. HOW WE MAY USE YOUR PERSONAL INFORMATION  

We will only use your personal information as set out in our Privacy Policy which can be found at Accommodation.co.uk/privacy

We collect anonymous data relating to how you use the site, for example which pages you visit, how long you look at them and details of what browser you are using. We can’t trace any personal information through this tracking, which is covered by our Privacy Policy.

16. UPLOADING CONTENT TO OUR WEBSITE  

Whenever you make use of a feature that allows you to upload content to our Website, or to make contact with other users of our Website, you must comply with the content standards set out in our Acceptable Use Policy Accommodation.co.uk/terms/acceptable-use

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our Website a licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload set out in paragraph 17 below.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.

You are solely responsible for securing and backing up your content.

We have the right to remove any posting you make on our Website if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy Accommodation.co.uk/terms/acceptable-use‎

17.  RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD  

When you upload or post content to our Website, in respect of the content uploaded, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the Website and across different media.

In addition to the rights you grant us above, you grant users of the Website a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the Website and across different media.

You warrant that you have the right to upload any content to our Website and in doing so you will not infringe on any third party’s intellectual property rights. To the extent, in breach of this paragraph 17, you upload content which infringes third parties intellectual property rights, you shall indemnify and hold us harmless against any claim brought against us by any third party in respect of a breach of their intellectual property rights as a result of the content you have uploaded being included or viewable on our Website.

18. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM  

We do not guarantee that our Website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

19. RULES ABOUT LINKING TO OUR WEBSITE  

You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our Website must not be framed on any other Website, nor may you create a link to any part of our Website other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our Website other than that set out above, please contact us.

20.  THIRD PARTY MATERIAL AND SERVICES

This Website contains material (including but not limited to advertisements) submitted and created by third parties. All third party material is published by Us in good faith. We do not accept any responsibility for the accuracy of such material (nor is any warranty expressed or implied by publication) and We specifically disclaims and excludes all liability to any person (be they advertiser, reader or user) for any loss or damage of any nature whatsoever or however arising from any error, omission or inaccuracy in such material and We take no responsibility for such material.

In the event that you purchase or obtain any goods or services from a third party then your acquisition of such goods or services will be in accordance with the third party’s terms and conditions and We will have no liability to you in respect of the same.

You agree that We have not conferred by implication, or otherwise, any licence or right under any patent, trademark or copyright (except as expressly provided) of Us or of any third party.

21.  DESCRIPTIONS

It is entirely your responsibility to make sure that all personal and property particulars held by Us are correct. We are not responsible for any mis-descriptions that have been provided by you.

If you are a landlord, you may not upload any corporate or other logo, image or brand identifier to your property description or include the same in any image you submit to Us. Similarly, you must not include your phone number, website address or email address to your property description.

Property descriptions must include a minimum of one useable photograph of the relevant property and a written description of no less than 100 words.

We will supply to each property portal on which We advertise your listing the maximum number of images allowed by each major portal and for all other portals We reserve the right to limit the amount of images.

Landlords may not use tenant enquiries acquired via the Website to generate interest or further enquiries by any means or method for properties not listed on the Website by the landlord.

Accommodation.co.uk reserves the right in its absolute discretion to delist an offending landlord’s properties from the Website without offering a refund.

You agree that in your use of this Website:

any information you provide on this Website is accurate and reliable to the best of your knowledge (this includes all personal information, contact details and information related to property listings);

  • you will not use the Website to distribute any illegal, obscene or otherwise harmful material;
  • you will not do anything to interfere with other users’ access to the Website; and
  • you will not copy material from the Website without our permission.
  • You also agree and warrant when you list a property on this Website that:
  • you have the right to offer the property for rental and will not breach any law, agreement or contract by doing so (this includes the terms of any mortgage on the property, insurance, fire regulations, gas and electrical safety);
  • you will only post or otherwise make available photographs, video, and other information for which you have lawful authority;
  • the property has a valid Energy Performance Certificate (EPC);
  • the property has a valid Landlord Insurance policy;
  • the property has a valid Gas Safety Certificate;
  • the property meets all Electrical Safety obligations;
  • all furnishings within the landlords’ property pass Fire Safety Regulations 1998;
  • you will carry out repairs and respond to tenants with reasonable response times;
  • the property has a current electrical safety certificate;
  • the property’s windows and doors all lock properly & securely; and
  • everything you provide with the property is safe and in working order.

We reserve the right to reject, at our sole discretion, any property listing even if we have acknowledged receipt of payment and taken payment from you if you have asked or requested from potential tenants any money before signing a contract.

22.  DATA FEEDS

To ensure Our rental properties are showcased across the internet as fast as possible, you agree that We may use an automated feed system to send details of properties you list on this Website to Our carefully selected partners’ websites (“Partners’ Websites”). If you have any queries regarding Partners’ Websites, please contact Us at info@Accommodation.co.uk.

We do not guarantee that any property you list on this Website will be displayed on Partners’ Websites and We are not be responsible for any technical problems relating to Partners’ Websites. You acknowledge that your use of Partners’ Websites will be subject to the terms and conditions set out on the relevant Partners’ Website.

To the maximum extent permitted by law, We (including Our affiliates, officers, directors, agents and employees) will not be liable to you in contract, tort (including negligence) or otherwise for any liabilities, damages or losses (whether direct, indirect, consequential, special or otherwise) incurred or suffered by you or any third party in connection with Partners’ Websites, or in connection with the use, inability to use, or results of the use of Partners’ Websites, any websites linked to them and any materials posted on them.

We do not limit liability for fraudulent misrepresentation or death and personal injury arising from Our negligence.

23. WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?  

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.