Effective Date: 26.03 2021
Updated: 26.03.2021 2021
We advise you to carefully review these Terms (“Terms”), as they include important information about your rights, remedies, and liabilities and obligations in relation the access and use of our website.
1. DEFINITIONS AND INTERPRETATION
In these Terms the following definitions apply unless otherwise stated:
“RentBirminghamFlat.com” any reference to “we”, “us” or “our” in these Terms are references to RentBirminghamFlat.com.
“Visitor/User” means any individual who accesses or uses RentBirminghamFlat’s Website
“Intellectual Property Rights” means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
“Confidential Information” means information that is by its nature confidential and/or is designated by us to be confidential.
“The Property” refers to real property which means land and all structures integrated with or affixed to the land. In our case, it would mostly refer to flats within the Birmingham region though this definition does not exclude any other form of real property.
2. MODIFICATIONS TO THE TERMS
RentBirminghamFlat.com reserves the exclusive right to modify these Terms in whole or in part at any time unilaterally. If RentBirminghamFlat.com modifies these Terms, we will provide you with notification about such changes such as via sending an email, putting up a notice on our Website or updating the date at the top of these Terms. By continuing to access and use our Website, you will confirm that you have read, understood accepted to the revised Terms.
RentBirminghamFlat.com website is provided on “as is” basis without any express or implied warranty.
RentBirminghamFlat.com disclaims any and all kinds of warranties, representations and conditions of fitness for a specific purpose, merchantability and satisfactory quality arising out of the usage of the website.
Nothing in this disclaimer will:
- limit or exclude your liability for misinterpreting the information displayed on the website;
- limit your liabilities under any applicable law to any extent;
The limitations and exclusions of liability set out in this section and elsewhere in this disclaimer:
- are subject to the preceding paragraph;
- govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Neither RentBirminghamFlat.com nor its licensors or suppliers warrant that the website will meet your requirements or that the operation of the Website will be uninterrupted, error-free, safe or secure.
Responsibility for damage. You agree that you bear the risk for your access to and use of the Website and you shall not hold RentBirminghamFlat.com or its licencors or suppliers liable for any damage r harm arising out of or in connection with your access to or your use of website.
Responsibility for own actions. You agree that you bear full legal liability for damages or loss incurred by other website visitors or third parties arising out of your remarks, information, feedback or other content made available on the website or through the use of the services that is deemed legally actionable.
4. CODE OF CONDUCT
This section sets forth the RentBirminghamFlat.com Code of Conduct (the “Code”). All Website visitors and users must fully comply with this Code at all times. By agreeing to these Terms and by entering into a contract with RentBirminghamFlat.com, you warrant that you will follow this Code and not violate it.
Restrictions on inputting Information. You shall not provide illegal, inappropriate, inaccurate or improper information into the Website or in or through the use of the Services, including, but not limited to, the following:
- Information that you do not own the required rights and/or licenses to disclose/provide.
- Information that is false, inaccurate, incomplete, obsolute or otherwise wrong;
- Information subject to confidentiality, non-disclosure, non-competition, trade secret , or other legal or contractual limitations or restrictions;
- Information that is in violation of the copyrights or other intellectual property rights of others;
- Information that is sexually explicit, profane, pornographic, immoral, obscene, vulgar, offensive, inflammatory, violent, dangerous, harmful, threatening, abusive, harassing, hateful, discriminatory or racially, ethnically or otherwise objectionable, or which may solicit information from anyone under the age of 18;
- Information that is defamatory, libellous, fraudulent, deliberately false and/or misleading, o that invades privacy or publicity rights of other individuals;
- Information that may be legally actionable or may subject RentBirminghamFlat to legal action or liability of any kind such as legal liability;
- Information that violates any applicable local, state, national or international law, regulation, or convention; or
Acts against the Website/Services.
You are prohibited from attempting to or engaging in any potentially harmful, illegal or unethical acts that are directed against the Website including, without limitation, the following:
- Accessing or using the Website in violation of any other agreement to which you are a party, including but not limited to:
Any employment agreement to which you may be a party;
- Emulating or faking usage of the Website;
- Breaching or attempting to breach any security features of the Website;
- Employing manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any pages contained on the Website;
- Falsifying, or misrepresenting your affiliation with any person or entity or providing misleading information therewith;
- Inserting viruses, worms, software, Trojan horses or other similar harmful code or software into the Website;
- Interfering or attempting to interfere with the access to or use of the Website by any other user, host or network, including, but not limited to, by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Website;
- Taking part in using, allowing or assisting machines, bots or automated services to gain access to or use the Website or Services without the express written consent of RentBirminghamFlat;
- Tampering with the proper operation, of the Website or Services or with their functionalities or security;
- Any attempt to override or circumvent any security or usage rules incorporated into the Website or Services that permit digital materials to be protected;
- Reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Website;
and Without RentBirminghamFlat’s prior, express consent, advertising or selling any services or otherwise (whether or not for profit) or soliciting others or using the Website for commercial purposes of any kind.
Suspected Misuse and Penalties.
RentBirminghamFlat may monitor and inspect the Website for misuse of the Code. RentBirminghamFlat shall have the exclusive authority and power to inspect, review and detect and punish and suspected Code violations.
If RentBirminghamFlat decides that there is a violation, and without limiting any of its other remedies, RentBirminghamFlat reserves the right to immediately and without notice:
- Delete or modify content;
- Impose penalty points on your account;
- Suspend,delete or terminate your account;
- Identify you and disclose your actions to third parties;
- Take legal action.
The Client further acknowledges that the Services may contain information which is designated confidential by RentBirminghamFlat and that they shall not disclose such information without RentBirminghamFlat’s prior written consent.
RentBirminghamFlat intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws. RentBirminghamFlat reserves the right to seek civil, criminal or injunctive relief, at its sole discretion and without obligation, to enforce this Code.
5. INTELLECTUAL PROPERTY
The Website and all content and materials located thereon, including without limitation any RentBirminghamFlat names and logos, the Services, Directory, designs, text, graphics and other files, and the selection, arrangement and organization thereof, are the intellectual property of RentBirminghamFlat or its licensors.
Except explicitly provided to the contrary,, the Website or this Agreement does not vest in you any right or interest over such content or materials. The Website is the property of RentBirminghamFlat LLC and ALL RIGHTS RESERVED for RentBirminghamFlat.com Limited.
6. LIMITATION OF LIABILITY
You agree that neither RentBirminghamFlat, its directors, officers, employees, and agents, nor its licensors or suppliers, bears any legal responsibility arising out of or in connection with your access to or your use of the website.
RentBirminghamFlat is not and cannot be held responsible for the actions of third-parties (including other visitors), and you warrant that you will not hold RentBirminghamFlat, its directors, officers, employees and agents liable for any claims, loss and damages, arising from any claim you may raise against such third-parties.
The liability of RentBirminghamFlat, its directors, officers, employees, and agents, and its licensors and suppliers, is limited to the maximum extent possible as set by law, and RentBirminghamFlat, its directors, officers, employees, and agents, or its licensors or suppliers shall not be held liable for any kind of incidental, punitive or consequential damages (including, but not limited to: lost profits, lost data or confidential or other information, loss of privacy, ,) arising out of or in connection with your access to or your use of the website or services under no circumstances.
This limitation shall apply irrespective of the type of damages, whether it is breach of contract, tort, or form of action.
You agree to indemnify RentBirminghamFlat, its directors, officers, employees and agents, and its suppliers, licensors, and service providers, for any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees (collectively, “Claims”), arising out of or in connection with:
- your access to or your use of the Website;
- any violation of this Agreement on your part (including, without limitation, the Code);
- your violation of any law, regulation or the rights of any third party.
8. THIRD-PARTY LINKS
On RentBirminghamFlat’s Website, there are links to websites operated by third parties (“Third-Party Sites”). RentBirminghamFlat does not exert any control over such websites and disclaims all liability for any harm, whether to you or to any other third party, arising from your access to or your use of the Third-Party sites.
We encourage you to take all necessary precautions and act in due care to avoid any loss, damage or harm while accessing, using or downloading any material from such Third-Party websites.
9. GOVERNING LAW
These Terms as well as any disputes arising as a result of these Terms shall fall under the exclusive jurisdiction of the laws of England and Wales.
If a court rules that any provision of these Terms is invalid or unenforceable, the validity of the rest of the Terms will not be affected and will remain in force.
RentBirminghamFlat’s failure to exercise or enforce any right or provision of These Terms shall not be deemed as a waiver of such right or provision.