Please read these terms and conditions ("Terms") carefully before agreeing to them. They contain important information about your rights and obligations.
By ticking the "I have read and agree to the terms and conditions" check box during the registration process and by using the website you are agreeing to these Terms. If you do not agree to these Terms then you may not access or otherwise use this website.
If you are a consumer these Terms do not affect your statutory rights.
1. Definitions
In these terms and conditions the following words shall have the following meanings (unless context otherwise requires):
"Content" - any advertisements, emails, photos or other content submitted or sent by User to Rentthisway through their Use of the Website;
"Fee" - the fee paid by the User which entitles the User to be a Subscriber for the Term;
"Rentthisway" - the owner of the Website;
"Subscriber" - a User who has paid the relevant Fee;
"Term" - the period of time for which the user gains access to the subscription only elements of the site commencing on payment of a Fee;
"Terms" - the terms and conditions set out herein;
"Use" - registering and updating information regarding a room, house, flat, or other property, or regarding a tenant or housemate, looking at information of other Users, contacting other Users and making payment of the Fee to Rentthisway;
"User" - any person who registers their details with the Website and thereby agrees to comply with these Terms;
"Website" - the website www.rentthisway.co.uk.
2. Registration and Subscription
2.1 You must be sixteen (16) years old or over to Use the Website.
2.2 By Using the Website you warrant that you have the right, authority and capacity to enter into and be bound by these Terms.
2.3 You may register with the Website for free. However, you will need to become a Subscriber to access certain functions of the Website, including communication with other Users for the Term.
2.4 On payment of the relevant Fee, Subscribers hereby agree and consent to the immediate commencement of the performance of the services by Rentthisway such that, on payment of the relevant Fee, Subscribers can immediately access certain functions of the Website, including communication with other Users.
2.5 Rentthisway shall supply you with security passwords in order to transmit, display or post any Content on to the Website. You shall be solely responsible for all use of and for protecting the confidentiality of any security passwords that may be administered by Rentthisway. Rentthisway is not liable for any harm that may be caused or related to the theft or disclosure of your password or identifying information, or you releasing your password or identifying information to another individual who then uses the Website. You agree to notify Rentthisway immediately if you become aware of any unauthorised use of your account password and identifying information.
3. Cancellation
Where the Subscriber is a consumer pursuant to the Consumer Protection (Distance Selling) Regulations 2000, the following provisions shall apply:
3.1 In entering into an agreement with us as a Subscriber, you acknowledge that the performance of our services will begin immediately as soon as payment of the Fee has been received by Rentthisway and that you lose your right to cancel the agreement under the Consumer Protection (Distance Selling) Regulations 2000 as amended.
3.2 Cancelling your subscription does not affect your right to be a User of the Website, although access to the Website will be limited to the free areas.
4. Use of the Website
4.1 You are solely responsible for any Content that you publish or display on the Website or that you transmit to other Users. The price and other terms of any sale remain subject to direct negotiation between the Users, and are not the responsiblity of Rentthisway.
4.2 By publishing or displaying any Content on the Website, you grant to Rentthisway a perpetual, royalty-free, non-exclusive, irrevocable, worldwide licence to use, reproduce, modify, sub licence, adapt, publish, translate, create derivative works from and distribute such Content. You hereby unconditionally and irrevocably waive any moral rights which you may have in the Content under Part 1, Chapter IV of the Copyright Designs and Patents Act 1988.
4.3 Any advertisement (including text and photographs) you place on the Website must be legal, decent, honest and truthful and comply with the British Code of Advertising Standards Authority.
4.4 In the event of complaints of inaccuracies or misrepresentation we reserve the right to remove an advertisement if no agreement can be reached to amend the offending part(s). A fee may be levied for amendments.
4.5 You must not include in your advertisement any personal contact information, including but not limited to telephone numbers, street addresses, last names, email addresses or any URL's nor include any photographs or the exterior of the property you wish to let out.
4.6 In the event that Rentthisway, in its sole discretion, considers that any Content violates these Terms Rentthisway reserves the right to take any action that it deems necessary, including, but not limited to, deleting such Content or terminating your Use of the Website in accordance with Clause 5. The types of Content that Rentthisway considers to violate these Terms are any Content that:
4.6.1 expresses or implies that any statements made by you are endorsed by Rentthisway;
4.6.2 is defamatory, harassing, unlawful, threatening, harmful, offensive, abusive, or which causes annoyance, inconvenience or needless anxiety to any other person;
4.6.3 is obscene, indecent or pornographic;
4.6.4 harms minors in any way;
4.6.5 promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
4.6.6 promotes any illegal activities;
4.6.7 contains software viruses, files or code designed to interrupt, destroy or limit the functionality of the Website or any computer software or equipment;
4.6.8 involves the transmission of "junk mail", "chain letters" or unsolicited mass mailing or "spamming";
4.6.9 promotes information that you know to be false or misleading;
4.6.10 infringes any other applicable laws.
4.7 Rentthisway do not inspect any of the properties/rooms/Users appearing on the Website and cannot confirm or accept responsibility for the accuracy of any details provided on the Website. Rentthisway strongly advise you to inspect the property/room thoroughly yourself, or to interview any User, before entering into any legal agreements.
4.8 Rentthisway is providing this web site on an 'as is' basis. Whilst Rentthisway uses all reasonable endeavours to make the Website available it cannot guarantee that it will operate continuously without interruption or be error free and make no representations or warranties of any kind with respect to the Website or its contents. Rentthisway reserves the right at any time to vary suspend or cease to make available all or any part of the Website for operational reasons, including but not limited to repairs, planned maintenance or upgrades.
4.9 Rentthisway makes no representations whatsoever about any other websites which you may access through the Website or which may link to the Website. When you access any other website you understand that it is independent from Rentthisway and that Rentthisway has no control over the content or availability of that website. In addition, a link to any other site does not mean that Rentthisway endorses or accepts any responsibility for the content, or the use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource.
5. Termination
5.1 These Terms will remain in full force and effect while you are a User of the Website.
5.2 You may cease to be a User at any time, for any reason, effective upon receipt by Rentthisway of an email notice of termination, sent to the email address detailed in Clause 9
5.3 Rentthisway may at any time, terminate the agreement with you, deny you access to the Website and delete any Content you have submitted by your Use of the Website on provision of reasonable notice.
5.4 Rentthisway may terminate the agreement with you, deny you access to the Website and delete your Content you have submitted by your Use of the Website with immediate effect in the event that you have breached these Terms. In the event of such a termination no refund shall be payable by Rentthisway.
5.5 Rentthisway will send you notice of any termination to the email address provided by you during your registration or such other email address you provide to us.
5.6 In the event that Rentthisway denies you access to the Website on a permanent of temporary basis for any reason, you shall be notified in writing and must then not attempt to use the Website under any other name or through another user.
6. Intellectual Property
The contents of this Website are protected by national and international copyright laws and other intellectual property rights. Rentthisway or other third party licensors are the owners of the intellectual property rights in all trademarks service marks trading and other names logos designs content drawings illustrations photographs videos graphics and/or software referred to or contained in the Website. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from the Website including but not limited to text, graphics, video, messages, code and/or software except for your own personal non commercial use.
7. Limitation of Liability
7.1 Rentthisway cannot guarantee and do not promise any specific results from Use of the Website. To the maximum extent permitted by law, Rentthisway expressly excludes all representations, warranties, obligations and liabilities in connection with the information provided on the Website, including but not limited to warranties of satisfactory quality, non-infringement of intellectual property, accuracy, completeness, fitness for a particular purpose.
7.2 Rentthisway do not endorse any of the Users that appear on the Website and cannot make any guarantees of credit worthiness, honesty, behaviour, rental history or ability to pay rent and cannot be held responsible for any resulting loss or damages of any nature whatsoever and however arising.
7.3 To the maximum extent permitted by law, Rentthisway shall not be liable for any loss, injury or damage caused in whole or in party by, or failures, delays, interruptions or otherwise of, the provision of the Website services; and shall not be liable for any direct, consequential, incidental, liquidated or special losses or damages, arising out of, or relating to the use or inability to use, the information provided on the Website or any decision made or action taken in reliance or partial reliance on the information provided on the Website.
7.4 In the event that you have a claim or right of action against any other User arising from that User's Use of the Website, you agree to pursue such claim or action independently of and without any demands from Rentthisway, and you release Rentthisway from all claims, liabiity and damages arising from or in any way connected to such claim or action.
8. Privacy Policy
8.1 Rentthisway is the data controller of your data submitted using the Website. Rentthisway is registered under the Data Protection Act 1998.
8.2 The type of information which Rentthisway collects about you includes (but may not be limited to) your name, contact address, telephone numbers, email address, religion, race, gender, age and sexual orientation. Rentthisway collect this information in order to register you on the Website, send you emails suited to your requirements, speak to you on the telephone, and for purposes of administering its business activities. By providing Rentthisway with your personal data you consent to our processing your personal data including sensitive data for the above purposes.
8.3 If Rentthisway changes its privacy policy it will post the changes on the Website. Continued Use of the Website will signify that you agree to any such changes.
8.4 Rentthisway may use cookies. Cookies are small pieces of data that are stored on your computer. Cookies can remember what information you access on one web page to simplify subsequent transactions or to short cut access to the Website. Rentthisway use cookies to gather information about Users' browsing activities. You can ususally modify your browser to prevent this happening.
8.5 Rentthisway will not disclose information it keeps about you to any third parties except that it reserves the right to disclose personal information to:
8.5.1 any law enforcement agency requesting it in connection with the commssion of an offence;
8.5.2 comply with applicable laws and lawful government and/or regulatory requests;
8.5.3 protect its systems; and/or
8.5.4 operate its systems properly
8.6 Rentthisway uses industry standard safeguards to protect the confidentiality or your personal data such as encryption keys and firewalls. Your personal information will be held securely in accordance with the Data Protection Act 1998.
8.7 When you place an order you will be automatically directed to a secure server site that is managed and controlled by Rentthisway's payment provider Paypal. Rentthisway will not pass any information to Paypal apart from details of the amount spent. You will be asked to provide details to Paypal for the purposes of processing the transaction. All personal data that you supply to Paypal shall be governed by their data protection and privacy policy. Rentthisway accepts no liability for any use made by Paypal of such personal data.
8.8 Rentthisway is committed to ensuring that the information, which it holds about you is accurate and up to date. You can check the information that it holds about you by emailing Rentthisway at customerservice@rentthisway.co.uk. Please notify Rentthisway if you find any inaccuracies providing sufficient information to identify you, so that any errors can be corrected.
9. Notices
All notices or communications required to be sent under these Terms shall be in electronic mail to:
customerservice@rentthisway.co.uk
10. Amendment to Terms
Rentthisway may alter these Terms from time to time and post the new version on the Website, following which all Use of the Website will be governed by that version. You must check the Terms on the Website regularly.
11. Third Party Rights
These Terms do not create any rights under the Contracts (Rights of Third Parties) Act 1999 ("Act") which are enforceable by any person who is either not a party to them or who is not a provider of the relevant goods and/or services.
12. Law and Jurisdiction
These Terms shall be governed by the laws of England and the Customer agrees to submit to the non-exclusion jurisdiction of the English Courts.
13. Miscellaneous
13.1 These Terms form the entire agreement between you and Rentthisway. You acknowledge that you have not entered into these Terms in reliance upon any warranty or representation made by Rentthisway or any other person and you waive any rights to damages/rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in the Terms.
13.2 If any provision or term of these Terms shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other Terms and shall be deemed to be deleted from them.
Last updated August 2009.