Terms & Conditions
BACKGROUND:
These Terms, together with any and
all other documents referred to herein, set out the terms and conditions under which you may use
this website (“Our Site”) and Our Services. Please read these Terms carefully and
ensure
that you understand them. Your agreement to comply with and be bound by these Terms is deemed to
occur upon your first use of Our Site. If you do not agree to comply with and be bound by these
Terms, you must stop using Our Site immediately.
1. Definitions and Interpretation
1.1.1 In these Terms, unless the context otherwise
requires, the following
expressions
have the following meanings:
“Account” |
means an account that may be required for a User to access
and/or
use
certain areas of Our Site; |
“Content” |
means any and all text, images, audio, video, scripts, code,
software,
databases and any other form of information
capable
of being stored on a
computer that appears on, or forms part of, Our Site;
|
Users |
means users of Our Site; |
“We/Us/Our” |
UK Short Lets Ltd |
2. Information About Us
2.1.1
This Website is operated by UK Short Lets Ltd., UK Short Lets Ltd., a
company registered
in England & Wales under Company Number 11334837. Our registered office is located at 27 Old
Gloucester Street, London, WC1N 3AX, United Kingdom. (“the Company”).
2.1.2
2.1.2 We are an online portal for searchers and providers of holiday
accommodation and short term property rentals/ lets within the UK.
2.1.3
Our ICO Registration Number is: [ TO BE
ADDED WHEN LIVE ]
3. Access to Our Site & Account Registration
3.1.1
Access to Our Site is free of charge.
3.1.2
It is your responsibility to make any and all arrangements necessary in
order to access Our Site.
3.1.3
Access to Our Site is provided “as is” and on an “as available”
basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and
without notice. We will not be liable to you in any way if Our Site (or any part of it) is
unavailable at any time and for any period.
3.1.4
Users will be able to access the majority of this Website without
having to register any details with us. However, particular areas of this Website will only
be accessible if you have registered, including the ability to use our
services.
3.1.5
Advertising & Fees – Prior to acceptance of any advertising for
properties, we require sight of official documentation proving that you are the owner of the
property and have the right to offer short term accommodation and/or holiday lets. You
should refer to our acceptable documents list for further information. We regret that
without this evidence being in place, we will be unable to accept your advertisement or
feature listing.
3.1.6
You are solely responsible for all information that you submit to
Us and any consequences that may result from your post or advert for your accommodation or
property. Any and all information in your advertisement/s must meet the required UK legal
standards for any advertising featured or the details therein. We reserve the right to
refuse any advertising, or moderate/ amend any advertising that breaches the required
standards
3.1.7
We also reserve the right to restrict your account and advertising
on our site either temporarily or permanently, if you continue to breach the required
standards regarding advertising law. This could have the subsequent result that you shall
forfeit any monies paid for any current or future advertising, which you acknowledge and
understand and agree to
3.1.8
3.1.8 Other than any specified free trial period, UK Shortlets.com fees
are those as specified under the “Ad Costs” and “Buy” tools header. Payment is currently
made using PayPal only. We do not become involved with, not have access to or store any of
your financial information during the purchase process, so as to further protect your
privacy. We regret that at this time, if you do not have a PayPal account we cannot post
your advertisement. Please note that you will be subject to PayPal Privacy Policy & Terms of
Use during your transaction and it is recommended that you refer to them to ensure you agree
with them.
3.1.9
Since all advertising is considered a bespoke purchase under law,
all advertising fees are due in advance of being featured on Our Site, and as such are
exempt from any refunds or replacements, once they have been booked and authorised. Only if
the advertisement contains errors caused by our negligence shall they be replaced, extended
or refunded.
3.1.10
3.1.10 If you have booked a series or block of advertising and your
account is closed by Us, then any remaining unused, but pre-paid advertising remaining after
the point and date of your termination, will be refunded.
4. Intellectual Property Rights
4.1.1
With the exception of User Content, all Content included on Our
Site and the copyright and other intellectual property rights subsisting in that Content,
unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content
(including User Content) is protected by applicable United Kingdom and international
intellectual property laws and treaties.
4.1.2
You may not reproduce, copy, distribute, sell, rent, sub-licence,
store, or in any other manner re-use Content from Our Site unless given express written
permission to do so by Us.
4.1.3
You may:
4.1.3.a.1
Access, view and use Our Site in a web browser (including any
web browsing capability built into other types of software or app);.
4.1.3.a.2
Download Our Site (or any part of it) for caching
4.1.3.a.3
Print one copy of any page(s) from Our Site;
4.1.3.a.4
Download extracts from pages on Our Site; and
4.1.3.a.5
Save pages from Our Site for later and/or offline viewing.
4.1.4
Our status as the owner and author of the Content on Our Site (or
that of identified licensors, as appropriate) must always be acknowledged.
4.1.5
You may not re-use any Content printed, saved or downloaded from
Our Site for commercial purposes without first obtaining a licence from Us (or our
licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and
use of Our Site whether by business users or consumers.
5. Links to Our Site
5.1.1
You may link to Our Site provided that:
5.1.1.a.1
you do so in a fair and legal manner;.
5.1.1.a.2
you do not do so in a manner that suggests any form of
association, endorsement or approval on Our part where none exists
5.1.1.a.3
you do not use any logos or trademarks displayed on Our Site
without Our express written permission; and
5.1.1.a.4
you do not do so in a way that is calculated to damage Our
reputation or to take unfair advantage of it.
5.0.2
You may not link to any page other than the homepage of Our Site.
Deep linking to other pages requires Our express written permission.
5.0.3
Framing or embedding of Our Site on other websites is not permitted
without Our express written permission
5.0.4
You may not link to Our Site from any other site the main content of
which contains material that
5.1.1.a.5
is sexually explicit; is obscene, deliberately offensive,
hateful or otherwise inflammatory; promotes violence; promotes or assists in any form of
unlawful activity; discriminates against, or is in any way defamatory of, any person, group
or class of persons, race, gender, religion, nationality, disability, sexual orientation, or
age; is sexist, blasphemous to religion, is intended or is otherwise likely to threaten,
harass, annoy, alarm, inconvenience, upset, or embarrass another person; is calculated or is
otherwise likely to deceive another person; is intended or is otherwise likely to infringe
(or to threaten to infringe) another person’s privacy;
5.1.1.a.6
misleadingly impersonates any person or otherwise
misrepresents the identity or affiliation of a particular person in a way that is calculated
to deceive;
5.1.1.a.7
implies any form of affiliation with Us where none
exists;
5.1.1.a.8
infringes, or assists in the infringement of, the intellectual property
rights (including, but not limited to, copyright, trademarks and database rights) of any
other party; or
5.1.1.a.9
is made in breach of any legal duty owed to a third party
including, but not limited to, contractual duties and duties of confidence.
6. Links to Other Sites
6.1
Links to other sites may be included on Our Site. Unless expressly
stated, these sites are not under Our control. We neither assume nor accept any
responsibility or liability for the content of third-party sites. The inclusion of a link to
another site on Our Site is for information only and does not imply any endorsement of the
sites themselves or of those in control of them. You should check the Terms of Use and
Privacy/ Cookies Policy of any third-party sites we link to as they may not be the same as
ours.
7. Liability and Disclaimers
7.1.1
Nothing on Our Site constitutes actual advice on which you should
rely. It is provided for information purposes only. If you are unsure whether our Services
meet your needs, professional or specialist advice should always be sought before taking any
action on the basis of any information provided on Our Site.
7.1.2
We act only as a Conduit platform bringing together the
Advertisers and searchers. We are not contractually bound or connected if you rent, lease or
hire any accommodation from an Advertiser. Nor for any arrangements or requirements or
disputes or incidents, between the Advertiser, Property owner or Customer/ Hirer. You hereby
agree not to hold us responsible for anything that individual Users of our site post,
advertise or do.
7.1.3
Although we have no obligation to monitor the information posted
on our site, we do encourage any possible infringements, causes for concern or complaints/
corrections to be reported to us via our Contact Us page, so we can take appropriate action
where necessary.
7.1.4
We have not personally vetted the facilities or premises
advertised. Whilst we require proof of ownership of the property and the right to rent it
from Advertisers, we cannot vouch that such property is exactly suited to a Customer’s
needs. We recommend that all Advertisers and Customers put in place and conduct their own
due diligence and safety/ comfort checks to ensure they are happy with any arrangement
between them. You should exercise the same due caution that you would in any circumstance or
renting or hiring a property/ accommodation.
7.1.5
Insofar as is permitted by law, We make no representation,
warranty, or guarantee that Our Site will meet your requirements, that it will not infringe
the rights of third parties, that it will be compatible with all software and hardware, or
that it will be secure.
7.1.6
We make reasonable efforts to ensure that the Content on Our Site
is complete, accurate, and up to date. We do not, however, make any representations,
warranties or guarantees (whether express or implied) that the Content is complete,
accurate, or up to date. Please note that this exception does not apply to information
concerning services for sale through Our Site. Please refer to Our Terms and Conditions of
Sale for more information.
7.1.7
To the fullest extent permissible by law, We accept no liability
to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort
(including negligence), for breach of statutory duty, or otherwise, arising out of or in
connection with the use of (or inability to use) Our Site or the use of or reliance upon any
Content (including User Content) included on Our Site..
7.1.8
If you are a business user, we hereby exclude all implied
conditions, warranties, representations or other terms that may apply to Our Site or
Content. We will not be liable for any loss of profits, sales, business or revenue; loss of
business opportunity, goodwill or reputation; loss of anticipated savings; business
interruption; or for any indirect or consequential loss or damage.
7.1.9
If you are a Consumer user, please note that Our Site is mostly
intended for business use. If you have an enquiry as an individual Consumer then you should
contact us directly with any request/s.
7.1.10
We neither assume nor accept responsibility or liability arising
out of any disruption or non-availability of Our Site resulting from external causes beyond
our reasonable control including, but not limited to, ISP equipment failure, host equipment
failure, communications network failure, natural events, strikes, acts of war, government
legislation, pandemic or lockdown restrictions or other Force Majeure legal restrictions. In
line with the foregoing, in the event of Us not being able to fulfil any pre-paid
advertisement period, Advertisers agree that a full refund of the remaining Advertising
period by Us, shall act as full and final settlement sum in respect of any unused period so
affected.
7.1.11
7.1.11 Nothing in these Terms excludes or restricts Our liability for
fraud or fraudulent misrepresentation, for death or personal injury resulting from
negligence, or for any other forms of liability which cannot be excluded or restricted by
law.
8. Viruses, Malware and Security
8.1.1
We exercise all reasonable skill and care to ensure that Our Site
is secure and free from viruses and other malware.
8.1.2
You are responsible for protecting your hardware, software, data
and other material from viruses, malware, and other internet security risks.
8.1.3
You must not deliberately introduce viruses or other malware, or
any other material which is malicious or technologically harmful either to or via Our
Site.
8.1.4
You must not attempt to gain unauthorised access to any part of
Our Site, the server on which Our Site is stored, or any other server, computer, or database
connected to Our Site.
8.1.5
You must not attack Our Site by means of a denial-of-service
attack, a distributed denial of service attack, or by any other means.
8.1.6
By breaching the provisions of these clauses, you may be
committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches
will be reported to the relevant law enforcement authorities and We will cooperate fully
with those authorities by disclosing your identity to them. Your right to use Our Site will
cease immediately in the event of such a breach.
9. Acceptable Usage Policy
9.1.1
You may only use Our Site in a manner that is lawful and that
complies with the provisions of this Clause 11. Specifically:
9.1.1.a.1
you must ensure that you comply fully with any and all local, national
or international laws and/or regulations;
9.1.1.a.2
you must not use Our Site in any way, or for any purpose, that is
unlawful or fraudulent;.
9.1.1.a.3
you must not use Our Site to knowingly send, upload, or in
any other way transmit data that contains any form of virus or other malware, or any other
code designed to adversely affect computer hardware, software, or data of any kind;
and
9.1.1.a.4
you must not use Our Site in any way, or for any purpose,
that is intended to harm any person or persons in any way.
9.1.2
When submitting User Content (or communicating in any other way
using Our Site), you must not submit, communicate or otherwise do anything that:
9.1.1
is sexually explicit; is obscene, deliberately offensive, hateful
or otherwise inflammatory; promotes violence; promotes or assists in any form of unlawful
activity; discriminates against, or is in any way defamatory of, any person, group or class
of persons, race, gender, religion, nationality, disability, sexual orientation, or age; is
blasphemous to religion, is intended or is otherwise likely to threaten, harass, annoy,
alarm, inconvenience, upset, or embarrass another person; is calculated or is otherwise
likely to deceive another person; is intended or is otherwise likely to infringe (or to
threaten to infringe) another person’s privacy;
9.1.2
misleadingly impersonates any person or otherwise misrepresents
the identity or affiliation of a particular person in a way that is calculated to
deceive;
9.1.3
implies any form of affiliation with Us where none exists;
9.1.4
infringes, or assists in the infringement of, the intellectual
property rights (including, but not limited to, copyright, trademarks and database rights)
of any other party; or;
9.1.5
is made in breach of any legal duty owed to a third party
including, but not limited to, contractual duties and duties of confidence.
9.3
9.3 We reserve the right to suspend or terminate your access to Our Site
if you materially breach the provisions of this these Terms. Specifically, We may take one
or more of the following actions:
9.3.1
suspend, whether temporarily or permanently, any Account you may
have and/or your right to access Our Site;
9.3.2
remove any User Content submitted by you that violates this Acceptable
Usage Policy;
9.3.3
issue you with a written warning;
9.3.4
take legal proceedings against you for reimbursement of any and
all relevant costs on an indemnity basis resulting from your breach;
9.3.5
take further legal action against you as appropriate
9.3.6
disclose such information to law enforcement authorities as required or
as We deem reasonably necessary; and/or any other actions which We deem reasonably
appropriate (and lawful).
9.3.7
We hereby exclude any and all liability arising out of any actions
(including those set out above) that We may take in response to breaches of these
Terms.
10. Privacy and Cookies
10.
1 Use of Our Site is also governed by Our Cookie Policy and our
Privacy Policy, available from the footer of our Homepage. These policies are incorporated
into these Terms by this reference..
11 Changes to these Terms
11.1
We may alter these Terms at any time. Any such changes will
become binding on you upon your first use of Our
Site after any of
the changes have been implemented. You are
therefore advised
to check this page from time to time.
11.2
11.2 In the event of any conflict between the current version of these
Terms of Use and any previous version(s),
the provisions current and in effect shall prevail
unless it is expressly stated otherwise.
12 Contacting Us
11.1
To contact Us, please email Us or by using any of the methods which are
provided on Our Contact Us page
13 Communications from Us
13.1
If We have your contact details (if, for example, you have an Account)
We may from time to time send you important notices by email. Such
notices may relate to matters including, but
not limited to, service changes, changes to
these Terms, Our conditions of sale, and any
changes to your Account.
13.2
We will never send you marketing emails of any kind without your
express consent. If you do give such
consent, you may opt out at any time. Any
and all marketing emails sent by Us include an unsubscribe
link. If you opt out of receiving emails from us at any time,
it may take up to 7 business days for Us to comply with your request. During that
time, you may continue to receive emails
from Us.
13.3
13.3 For questions or complaints about communications from Us
(including
but
not limited to marketing emails), please
contact Us by email shown
in 12 above or using our Contact Us page.
14 Data Protection
14.1
These clauses outline our compliance with UKGDPR and The Data
Protection Act
14.2
All personal information that We may use will be collected,
processed,
and held in accordance with the provisions
of EU Regulation 2016/679 General Data
Protection Regulation (“GDPR”) and the UKGDPR and
your rights under them depending on your location.
14.3
For complete details of Our collection, processing, storage, and
retention
of personal data including, but not limited
to, the purpose(s) for which personal data is used, the legal basis or bases for using it,
details of your rights and how to exercise them, and personal data sharing (where
applicable), please refer to Our Privacy and Cookie
Policy available at the footer of our
Homepage.
15 Law and Jurisdiction
15.1
These Terms and the relationship between you and Us (whether
contractual a
or otherwise) shall only be governed by and
construed in full accordance with the Laws
of England & Wales.
15.2
If you are a business, any disputes concerning these Terms, the
relationship
between you and Us, or any matters arising
therefrom
or associated therewith (whether contractual or otherwise)
shall be subject to the exclusive jurisdiction of the
courts of England.
15.3
15.3 If you are a Consumer, any disputes concerning these Terms, the
relationship
between you and Us, or any matters arising
therefrom
or associated therewith (whether contractual
or otherwise) shall be subject to the
exclusive jurisdiction of the courts of England.