Terms and Conditions Student Rents
Terms and Conditions
These terms of service (“Terms”) govern your use of (i) the website studentrents.co.uk (the “Site”) and (ii) the services we provide from time to time through the Site. Together, we refer to (i) to (ii) as the “Service”.
Information about us.
The Service is a technology platform, which allows users (such as you) to sign-up with us to (i) place adverts for rooms on our Site, (ii) take a survey to help us find your student rents, (iii) search for available rooms advertised by other users on our Site, and/or (iv) message other users of our Site, amongst other things.
We, Lettinglord Limited of 101 Rose Street South Lane, Edinburgh, Scotland, EH2 3JG (“Company”, “we”, “us” and “our”) provide the Service to you on the basis of these Terms.
If you wish to contact us in writing, have a complaint or are required to give us notice in writing, you can send this to us by email at [email protected]. If we have to contact you or give you notice in writing, we will do so by email to any email address you provide to us.
Please read these Terms carefully before accessing or using the Service. By using any element of the Service and/or clicking the “Accept” button if you register for an Account (as defined below), you agree to the terms of these Terms which will bind you legally.
If you do not agree to these Terms, you must not use the Service.
The key terms you should consider are the limitations on liability contained in the sections titled Disclaimer and Our Responsibility for Loss or Damage Suffered by You.
You must be at least 16 years of age to use the Service.
Changes to these Terms.
We may change these Terms from time to time by notifying you of such changes by any reasonable means, including by posting a revised version of these Terms through the Site or by emailing you at the address you provided upon registering for an Account. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes.
Your use of the Service (including the Site) following any changes to these Terms will constitute your acceptance of such changes. The “Last Updated” legend above indicates when these Terms were last changed. We may, at any time and without liability, modify or discontinue all or part of the Service; charge, modify or waive any fees required to use any part of the Service; or offer opportunities to some or all Service users.
Minimum age requirements.
You confirm that you are of legal age to form a binding contract and hereby agree to be bound by these Terms. You must be at least 16 years of age to use the Service, to sign-up for an Account and to submit any personal data to us through or in connection with your use of the Service.
Accurate and up-to-date Information. All the registration information you submit must be truthful, accurate and complete. If for any reason any information you submit becomes untruthful, inaccurate and/or incomplete, you agree that you will update that information on your Account. If any information you provide is or becomes untrue, inaccurate, or incomplete, we have the right to terminate your access to and use of your Account and the Service.
What to do if you want to delete your account. You can delete your Account at any time, for any reason, by emailing us at [email protected].
You are responsible for your Account. You are responsible for maintaining the confidentiality of your Account log-in information, including your username and password. You must not share your Account log-in information with any third party. Accordingly, you are responsible for all activities that occur under your Account or through the use of your username and password, including the payment of any deposit or rent, whether or not authorised by you or without your knowledge.
What to do if you become aware of, or suspect, unauthorised use of your Account. You must promptly change your password and notify us by emailing us at [email protected], if you suspect or become aware of any unauthorised use of your Account or any other breach of security.
Prohibition on use of another Account. You may not use anyone else’s account or permit anyone else to use your Account for any reason, at any time. You agree that we will not be liable to you for any loss you may incur as a result of someone else using your Account. You also agree that you will be liable for any loss that we or any third party may incur as a result of someone else using your Account, whether or not you were aware of such use.
Account suspension or termination. You agree that we have the right in our sole discretion to refuse to accept your registration and/or to suspend or terminate your access to and use of your Account and the Service (or any part thereof) for any reason at any time.
Fees, Payments and Cancellations.
Fees. We do no charge any fees for simply having an account with us. Most features of the Site are also made available free of charge such as browsing for available rooms, searching for compatible flatmates, completing our survey.
Refunds. Refunds will be made only in exceptional circumstances and will be at the discretion of the Company. Refunds will not be offered if a user does not successfully meet a flatmate using the Site.
Posting and responding to adverts.
You need to register an account with us in order to post an advert on the Site. To post an advert on the site click on www.studentrents.co.uk and follow the instructions. By posting an advert on the Site you are confirm and promise to us that: (i) all the information you include in your advert is truthful, accurate and not in any way misleading; (ii) any photos you include in your advert are a current and accurate representation of the room(s) you are advertising; and (iii) all adverts will comply with these Terms, including our Acceptable Use Policy (see the Acceptable Use Policy section below).
You are responsible for the content of any adverts you post to the Site, including any errors, omissions or inaccuracies contained in such adverts. You must ensure that all adverts you post to the Site contain full details of any fees associated with entering into the relevant lodging or tenancy agreement, including any agency fees or deposit that may apply. We accept no liability to you or any other person for the content of any adverts posted on our Site. We advise that you check the content of your advert immediately after posting it to the Site to ensure you are happy with it. You may edit or remove any adverts you have placed on our Site at any time by following the instructions at www.studentrents.co.uk
You may contact other users of our Site via the messaging system on our Site. In some cases users who have advertised a room may include their phone number and email, in which case you may contact them directly. Please note that we will not disclose any of our users’ contact details or other personal information without the relevant user’s permission. We do not routinely monitor communications between users via the messaging system on our Site, but we may use software to track communications and we reserve the right to monitor them in order to investigate any suspected breach of our Terms, any illegal behaviour or any other misuse of our Service, or for any other reasonable reason as determined by us from time to time.
We reserve the right to refuse to list and/or deactivate any adverts or edit any User Content we deem, in our reasonable discretion, to be in violation of these Terms. If we receive any complaints about an advert or user, we reserve the right to temporarily suspend the advert or Account in question while we investigate the matter. After carrying out such an investigation we may terminate your Account if we deem it appropriate to do so in our absolute discretion.
Intellectual Property Rights.
You may use the Service subject to these Terms (including, without limitation the Restrictions and Acceptable Use Policy sections of these Terms).
The Service is protected by and embodies copyrights, trademarks, patents, rights in inventions, design rights, database rights, trade secrets, moral rights, privacy rights, rights of publicity (in each case whether registered or unregistered) and other intellectual property and proprietary rights (together, “Intellectual Property Rights”).
You acknowledge that the Service and the Intellectual Property Rights embodied in or relating to it anywhere in the world are and will remain our property and/or the property of our licensors, and that you have no rights in, or to, the Service other than the right to use the Service in accordance with these Terms.
You acknowledge that you have no right to have access to all or any part of the Service in source code form.
We reserve all rights in the StudentRents.co.uk domain names and all related domains and sub-domains and any other logos, service marks, brand names, trading names and/or trademarks appearing anywhere on the Site and nothing in these Terms should be construed as granting any licence or right to use any of such trademarks or domain names.
We reserve the right to modify, suspend or discontinue the Service and the rights granted to you under these Terms in whole or in part at any time, with or without notice. You agree that we shall not be liable to you or to any third party for such modification, suspension or discontinuation.
Your right to use the Service is subject to the restrictions listed below. Except as expressly set out in these Terms or as permitted by any local law, you undertake:
- not to use the Service for any purpose that is fraudulent or otherwise unlawful;
- not to interfere with the operation or fair play of the Service and to comply with our Acceptable Use Policy (see the Acceptable Use Policy section below);
- not to copy the whole or any part of the Service, except where such copying is incidental to the normal use of the Service for its intended purposes, or where it is necessary for the purpose of back-up or operational security;
- not to reproduce, republish, reuse, upload, post, transmit or distribute any content presented in or provided by the Service, including without limitation for public or commercial purposes, including any text, images, audio and video;
- not to rent, lease, sub-license, loan, distribute, time-share, translate, merge, adapt, vary or modify the whole or any part of the Service;
- not to make alterations to, or modifications of, the whole or any part of the Service, or permit the Service or any part of it to be combined with, or become incorporated in, any other product or service;
- not to disassemble, decompile, reverse-engineer, derive any code or algorithms or create derivative works based on the whole or any part of the Service or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Service with another software program, and provided that the information obtained by you during such activities: (i) is used only for the purpose of achieving inter-operability of the Service with another software program; (ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and (iii) is not used to create any software that is substantially similar to the Service;
- not to sell, resell, link to, exploit, provide or otherwise make available the whole or any part of the Service (including object and source code), in any form to any person without prior written consent from us;
- not to remove any copyright, trademark or other proprietary rights notices from the Service, and to include our copyright notice on any copies you make of the Service on any medium; and
- that you are responsible for obtaining and have obtained any and all necessary authorisations, consents and permissions, including from any third party, to the extent that you submit, post, transmit or otherwise process personal data using the Service.
“User Content” means any and all information and content or materials that you submit, post or transmit on or using the Service, including any information, text, images, photos, videos and other material (for example when you post an advert on our Site or when you post a comment on our message boards). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or use by others, or any disclosure of your User Content that personally identifies you or any third party. You agree that you own all User Content that you post and that you do not need any permission from any third party to post your User Content. You agree that you will not misrepresent the source, identity or content of any information sent, posted, transmitted or made available via the Service (such as claiming that you own or created User Content or other work that is not actually yours). You acknowledge that it is your responsibility to ensure that your adverts comply with all applicable laws.
Adverts. You must also ensure that all adverts you post to the Site meet the requirements set out in the Posting and Responding to Adverts section above.
How User Content cannot be used. You confirm and promise to us: that you’re User Content does not and will not violate our Acceptable Use Policy (see below at the section titled Acceptable Use Policy). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by us. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy.
Backing up User Content. We are not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice – accordingly we recommend you store and backup copies elsewhere. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
Licence for us to use your User Content. So that we can operate the Service, and host and display your User Content you grant (and confirm and promise to us that you have the right to grant) us a licence to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content on the basis that such licence is:
- Irrevocable – once agreed, you cannot remove or restrict our right to use your User Content as described above (except that you may edit or remove any adverts or listings you have placed on our Site at any time by following the instructions at studentrents.co.uk)
- Non-exclusive – you and, if you let them, other people can use your User Content;
- Royalty-free and fully-paid – we don’t have to pay you or any other party (either now or in the future) to use your User Content in the fashion described above;
- Worldwide – we can use your User Content in the fashion described above anywhere in the world; and
- Sub-licensable – you allow us to authorise other businesses and individuals to use the licence described above.
Moral rights waiver. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Do not send us confidential information in User Content. Please note that the User Content you provide to us or make available on or through the Service will not be treated as confidential information – accordingly, you agree not to submit to us any information or ideas that you consider to be confidential or proprietary. You acknowledge that your communications with other users via the Service are public and not private communications, and that you have no expectation of privacy in respect of such communications. Any personal data you submit on our message boards or other features of the Service may be seen and used by other users. We strongly encourage you not to disclose your personal data via such features. We are not responsible for any information (including personal data) you communicate in this way.
Monitoring. You agree that we have no obligation to monitor User Content that you or any other person provides or makes available on or through the Service. However, you agree that we may in our absolute discretion, monitor, alter, remove or refuse to post any such User Content for any reason. The opinions expressed in User Content reflect solely the opinions of the user and do not necessary reflect our opinions. We are not responsible for the accuracy, truthfulness or completeness of any User Content and we will not be liable to you for any loss or damage caused by your reliance on such User Content.
You are responsible for your relationship with other users of our Site. However, we reserve the right, but are not obliged, to monitor disputes between you and other users.
Acceptable Use Policy.
The following terms constitute our “Acceptable Use Policy”:
Protection of our reputation and third party rights. You agree not to use the Service to collect, upload, transmit, display, or distribute any User Content: (a) that is obscene, sexually explicit, offensive, hateful, inflammatory or otherwise objectionable or be defamatory of any person; (b) that is threatening, abusive or invasive of another’s privacy or likely to cause annoyance, inconvenience or anxiety; (c) that is likely to harass, upset, embarrass or alarm another person; (d) that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (e) that is intentionally misleading or likely to deceive any person; (f) that impersonates any person or to misrepresents your identity or affiliation with any person; (g) that gives the impression that such User Content emanates from us; (h) that advocates, promotes, assists or enables any illegal or unlawful activities; (i) that promotes violence or indecent or sexually explicit material; (j) that violates any law, regulation, or obligations or restrictions imposed by any third party; (k) that otherwise exposes any person to any danger of any kind; (l) that disseminates or otherwise discloses another person’s personal information without his or her prior permission or collects or solicits another person’s personal information for commercial or unlawful purposes.
Protection of our systems. In addition, you agree not to: (i) upload to, transmit, distribute, or otherwise make available through the Service any computer viruses, worms, trojan horse, time bomb, spyware, robots, bots, spiders or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any computer system, hardware, software, equipment or data; (ii) send through the Service unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Service to harvest, collect, gather or assemble information or data regarding other users, including email addresses or passwords, without their consent or otherwise systematically download and store Site content; (iv) use any features of the Service for anything other than their intended purpose, including exploiting any glitches for personal gain; (v) interfere with, disable, disrupt, or create an undue burden on servers or networks connected to the Service, or violate the regulations, policies or procedures of such networks; (vi) attempt to gain unauthorized access or provide automated access to or use of the Service (or to other computer systems or networks connected to or used together with the Service); or (vii) assist, permit or encourage any person to perform any of the activities described above.
If you provide us with any feedback or suggestions regarding the Service (“Feedback”), you hereby transfer to us all rights in such Feedback. You also agree that we shall have the right to use and fully exploit such Feedback and related information in any manner we consider appropriate.
Do not send us confidential information in Feedback. Please note that the Feedback you provide to us will not be treated as confidential information – accordingly, you agree not to submit to us any information or ideas that you consider to be confidential or proprietary.
You agree to treat all other users courteously and lawfully. You agree not to behave in any interaction with another user in any way: (a) that is obscene, sexually explicit, offensive, hateful, inflammatory or otherwise objectionable or defamatory of any person; (b) that is threatening, abusive or invasive of another’s privacy or likely to cause annoyance, inconvenience or anxiety; (c) that is likely to harass, upset, embarrass or alarm another person; (d) that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (e) that is intentionally misleading or likely to deceive any person; (f) that impersonates any person or to misrepresents your identity or affiliation with any person; (g) that advocates, promotes, assists or enables any illegal or unlawful activities; (h) that promotes violence or indecent or sexually explicit material; (i) that violates any law, regulation, or obligations or restrictions imposed by any third party; (j) that otherwise exposes any person to any danger of any kind.
Third Party Services.
Third Party Links & Ads. The Service may make available access to information, products, services and other materials made available by third parties, including links to third party websites and services, and/or display advertisements for third parties (collectively, “Third Party Links & Ads”). By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Links & Ads.
Where the Service contains links to Third Party Links & Ads, these links are provided for your information and convenience only. We have no control over the contents of those sites or resources. We do not review, approve, endorse, control or make any promises with respect to Third Party Links & Ads, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Links & Ads, or any intellectual property rights therein. Certain Third Party Links & Ads may, among other things, be inaccurate, misleading or deceptive. Nothing in these Terms shall be deemed to be a representation or warranty by us with respect to any Third Party Links & Ads. We have no obligation to monitor Third Party Links & Ads, and we may block or disable access to any Third Party Links & Ads (in whole or part) through the Service at any time. In addition, the availability of any Third Party Links & Ads through the Service does not imply our endorsement of, or our affiliation with, any provider of such Third Party Links & Ads.
The Services are provided “as is” and, to the extent permitted by applicable law, we, and our directors, officers, employees, agents, representatives, licensors and third party providers, exclude all representations or warranties of any kind, express or implied including, but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. We do not warrant that the functions contained in the Site will be uninterrupted or error free, that defects will be corrected or that the Site or its content are free of viruses or other harmful components.
Without limiting the generality of the foregoing, you acknowledge and agree that any rooms, flats, houses, properties or tenancy arrangements are provided by our users and not by us. We have no control over, nor accept any responsibility or liability for, any such arrangements or issues you may encounter with them.
We do not inspect any of the properties or rooms that feature in adverts on our Site. We strongly advise you to inspect properties thoroughly before you make any binding commitments in respect of any properties or rooms listed on our Site.
The information made available on the Site, whether posted by us or by any other users, is provided for information purposes only. We cannot guarantee that any adverts or other information provided on the Site will be correct, accurate, up-to-date or meet your needs or requirements. The information provided on the Site is not intended to be professional or legal advice of any kind and should not be relied on as such. Any reliance you place on any materials or information made available on the Site is entirely at your own risk. Such information is also subject to change at any time without notice.
Nothing in these Terms is intended to disclaim or exclude any warranty or liability that cannot be disclaimed or excluded by operation of applicable law.
We reserve the right, temporarily or permanently, in whole or in part, to modify, suspend or discontinue the Service without notice for valid commercial reasons without liability to you. Without limitation to the preceding sentence, we may periodically schedule system downtime for maintenance and other purposes.
You also acknowledge that unplanned system outages may occur. The Site is provided over the Internet and so the quality and availability of the Site may be affected by factors outside our reasonable control. Accordingly, we cannot accept any responsibility for any connectivity issues that you may experience when using the Site or for any loss of material, data, transactions or other information caused by system outages, whether planned or unplanned.
In addition, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and services needed to access and use the Service, and for paying any data charges that may be charged to you by your network provider in connection with your use of the Service.
Our responsibility for loss or damage suffered by you.
The Service is not bespoke to you. You acknowledge that the Service has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Service meet your requirements.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time these Terms are entered into, both we and you knew it might happen. Our liability to you for foreseeable loss and damage caused by us is limited to the total amount of any payments you have made to us for services offered to you through the Site.
When are we liable for damage caused by a defect in the Service? If the Service 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 appropriate compensation. However, we will not be liable for damage which you could have avoided by following our advice, including to apply an update, patch or error correction offered to you free of charge or to have in place any minimum system requirements advised by us.
We are not liable for business losses. If you use the Service for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, whether or not it was foreseeable.
We are not liable for the acts or omissions of other users. As noted in the Disclaimer section above, we are not liable for any losses you may suffer as a result of the behaviour, acts or omissions of any other users or for your use or reliance on any adverts, information, material or other User Content made available via our Site, or for any tenancy or lodging arrangements of any kind that you enter into as a result of using our Site, whether or not such losses were foreseeable.
We are not liable for events outside our control. We will not be liable or responsible for any failure to perform, or any delay in the performance of, any of our obligations under these Terms that is caused by any event or circumstance beyond our reasonable control, including any failure of public or private telecommunications networks or any delays or latency due to your physical location or your wireless data service provider’s network.
What we do not exclude. Nothing in these Terms shall limit or exclude our liability for:
- death or personal injury resulting from our negligence;
- fraud or fraudulent misrepresentation; or
- any other liability that cannot be excluded or limited by English law.
You agree to compensate us for any claims, losses, liabilities, damages, costs and expenses (including legal costs and expenses) reasonably incurred by us that arise out of your use of the Service in breach of these Terms. We reserve the right to assume the exclusive defence and control of any claim brought by a third party in connection with your use of the Service and you agree to assist and cooperate with us in relation to any such claim.
Terminating these Terms.
We may terminate these Terms (including the rights and licences granted to you) immediately by written notice to you for any reason, including if you commit a material or persistent breach of these Terms.
Upon such termination for any reason:
- all rights granted to you under these Terms shall cease;
- you must cease all activities authorised by these Terms; and
- we may cease providing you with access to the Service, including your Account.
Communications between us
How can you contact us? If you wish to contact us in writing, or if any provision of these Terms requires you to give us notice in writing, you can send this to us by email to [email protected].
How we may contact you. If we have to contact you or give you notice in writing, we will normally do so by email to the email address associated with your Account.
Other important terms.
If a court finds part of these Terms unlawful or unenforceable, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to these Terms and where you may bring legal proceedings? These Terms are governed by English law and we both agree to submit to the non-Exclusive jurisdiction of the English courts. This means that, if you are resident in Northern Ireland or Scotland, you may bring a claim to enforce your consumer protection rights in connection with these Terms in Northern Ireland or Scotland, as applicable.
Last Updated 01/09/2021