- “FREE OF CHARGE” SERVICES PROVIDED BY ABER TOWN & GOWN
1.1 Aber Town & Gown may provide you with products or services free of charge when (or after) you sign up and register to use the Aber Town & Gown property platform. These “free of charge” services may include the opportunity to advertise and market your property via the website, or to create a profile that will be published on the website to market yourself as a potential landlord, tenant, buyer or seller. Our sole obligation to you in providing such “free of charge” services is set out in section 2 below.
1.2 You grant to us a non-exclusive perpetual worldwide royalty-free licence to use your User Generated Content (either on its own or in combination with other data owned by or licensed to Aber Town & Gown) in the provision of our services, our marketing activities and in the development, provision and promotion of our products and services.
- OUR LIABILITY TO YOU
2.1 You acknowledge and accept that your access to, and use of our website (including the Aber Town & Gown property platform), and the Free of Charge Services, are provided free of charge by Aber Town & Gown and are therefore undertaken at your own risk, and subject to the exclusions and liability limits contained in this section 2.
2.2 Aber Town & Gown shall use reasonable skill and care in the performance of Paid-For Services, and shall endeavour to use reasonable skill and care in the provision of access to the Aber Town & Gown property platform and provision of the Free of Charge Services. However:
(a) We cannot guarantee the accuracy, completeness or suitability of any of the website or any information or other materials contained within or referred to on the website (“Website Materials”). You acknowledge and agree that we are reliant on landlords, vendors and other third party advertisers for the contents of their advertising, and that we are unable to independently verify the accuracy of that advertising. We do not accept any liability for any reliance placed on the Website Materials, including any property advert, by any visitor to the Website. It is the responsibility of prospective tenants and purchasers to satisfy themselves of the accuracy of any property descriptions on our Website. You use the Website and the Website Materials at your own risk.
(b) We cannot guarantee that the Website or the Website Materials will be available to you on an uninterrupted basis, or will be free from technical problems. This is the case even if we provide you with a contact to report technical problems to us from time to time via the Website. We shall not be liable for any failure by you to access the Website or the Website Materials as a result of a failure of your equipment or events affecting access to the Internet generally (which prevent or delay your access to the Website or the Website Materials).
(c) In respect of all Services, we shall not be held responsible for any loss or damage caused or alleged to have been caused, directly or indirectly, by the information or ideas contained, suggested or referenced in the Website or in the Website Materials or via email alerts or otherwise.
(d) We make no representation that the Website or the Website Materials are appropriate or available for use in locations outside the United Kingdom, and accessing the Website (including the Aber Town & Gown property platform) from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Website (including the Aber Town & Gown property platform) from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
(e) Your access to our Website may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services, or as a result of your actions; and
(f) Aber Town & Gown gives no guarantee that any goods or services you may purchase via the Aber Town & Gown property platform will have any particular result or outcome, for example that the placing of advertising will lead to any responses;
(g) We have no control over, do not guarantee and shall not be responsible for:
(i) the conduct of viewings, management, letting or sales of a property;
(ii) the quality, safety or legality of properties listed on our Website;
(iii) the accuracy or completeness of any property listings on our Website; or
(iv) the suitability or ability to pay of any prospective tenants responding to advertising on our Website or whether any prospective tenant will complete a relevant transaction;
(i) We shall have no liability for any acts or omissions of any person during any viewings of your property, and we recommend that you have appropriate insurance in place in relation to viewings;
(j) We are not responsible for the obtaining of any energy performance certificates (“EPC”) or any other certificates required by law for your property, which you are required to have in place and make available to any prospective tenants of your property.
2.3 Subject to condition 2.5 we and our third party service providers do not accept any responsibility for the following types of losses which may arise from your receipt of any Paid For Services from us:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings or anticipated profits;
(e) loss of goodwill;
(f) wasted management or office time; or
(g) any indirect, special or consequential loss or damage.
2.5 Subject to conditions 2.5, Aber Town & Gown’s total liability to you arising under or in connection with the provision of Free of Charge Services, Third Party Services, access to the Aber Town & Gown property platform, whether in contract, tort (including, without limitation, negligence), statute or otherwise (and including any loss or corruption of data) shall not exceed £15 (fifteen pounds).
2.6 Nothing in these B2C Service Terms shall affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law, for example under the Sales of Goods Act 1979.
- DATA PROTECTION
3.2 Where we have permission to provide contact information of third parties to you e.g. potential tenants or landlord contact details, you must treat their information as private and confidential, and you must not:
(a) disclose or pass those details to anyone else without their explicit consent; or
(b) use their information for any purpose other than to contact the relevant third party in relation to their particular sale or letting.
- ADVERTISER OBLIGATIONS
4.1 If you advertise property for let via our services you promise that you:
(a) will not misrepresent yourself or your role in your dealings with us;
(b) have all relevant rights and permissions to market the property you are promoting;
(c) are the legal owner and have all rights, titles and permissions to act as a landlord for the property you are marketing or have been granted all rights, titles and permissions to act on behalf of the legal owner in those capacities , and you will provide us with satisfactory evidence of the same on request;
(d) will adhere to all applicable legislation and regulations with regard to marketing, selling and letting property, including but not limited to any advertising regulations;
(e) will provide truthful and timely information regarding your property listings to us (including but not limited to its availability), will take the opportunity to check and verify such information on the Aber Town & Gown property platform, and agree not to withhold or hide anything material that in our opinion a reasonable buyer or tenant would wish to know, or otherwise mislead any potential tenant;
(f) will act in accordance with best industry practice in dealing with tenants;
(g) will respond to enquiries in a timely manner;
(h) will act at all times in a manner which does not in our opinion bring us into disrepute our compromise the Aber Town & Gown property platform; and
(i) have in place a valid EPC for the property and will make such EPC available to prospective tenants and purchasers and in your advert on the Aber Town & Gown property platform; and
(j) have the right to permit Aber Town & Gown to republish the EPC you provide in relation to your property; and
(k) ensure that once the property has been successfully let, that the property is removed from the Aber Town & Gown property platform.
4.2 In listing a property with Aber Town & Gown, you may be asked to supply proof of ownership when you list a property with us, which may include a mortgage statement, insurance document, Land Registry document and/or a signed letter from a solicitor confirming ownership. If you are marketing the property on behalf of the owner (as an estate agent), we may require proof of your authority to do that. We reserve the right to delay the listing of, or delist, a property pending receipt of any such proof.
4.3 To amend or update any information about your property or your personal details on the Aber Town & Gown property platform or to remove an advert, you should log into your Account.
4.4 Aber Town & Gown shall have the right to remove any property listed on the Aber Town & Gown property platform if:
(a) we reasonably believe that the property is no longer available for rent; or
(b) another user of the Aber Town & Gown property platform reports that the advert contains inaccurate or misleading information relating to the property or any other details,
provided that, in each case, we will attempt to contact you for confirmation that the property remains available or of the inaccurate information. If you are unable to provide such confirmation or we are unable to contact you, we will remove the advert and no refund will be provided.
- CANCELLING YOUR ORDER
5.1 For any Free of Charge services, there are no charges which will be incurred by cancelling your order/advertising with Aber Town & Gown. It is your responsibility to inform Aber Town & Gown within reasonable time in order to remove any Free of Charge services.
5.2 Any Paid For services are non-refundable as soon as payment has cleared. Aber Town & Gown will remove any Paid For services as soon as we are notified that you confirm you want to cancel your order.
- BREACH AND FAIR USE POLICY
6.1 In order to protect users of our services and platform, we reserve the right to remove or edit without notice any listings we deem to be in breach of these terms, and, in that event, we may deduct the cost of any goods or services provided, along with any of our costs and expenses arising from your breach, from any full or partial refund which might otherwise be due to you in respect of any goods or services for which you have already paid at the date of removal.
6.2 Although we don’t expect our fair usage limits to be breached by genuine landlords or sellers, we reserve the right to remove any listings at our absolute sole discretion or make such additional charges as we deem appropriate.
- PASSWORDS AND AUTHORISED ACCESS
7.1 Your access to the Aber Town & Gown property platform is subject to our authorisation.
7.2 When you register to use the Aber Town & Gown property platform, you must provide us with current, complete and accurate information about yourself. It is up to you to keep this information up to date. If any of your details change, please update your user account. You must only access the Aber Town & Gown property platform using the User ID that has been allocated to you. You must keep your User ID secret and not share it with anyone else, or let anyone else use your User ID, or accept the Aber Town & Gown property platform on your behalf, without our prior approval. If you suspect that your User ID may have been used by someone else without your consent, please let us know straight away by sending us a message through your user account.
7.3 We may immediately suspend your access to our Website (including the Aber Town & Gown property platform) if we become aware of any legal regulation, claim, or restriction which requires us to do so or which may expose us to a liability or claim if we do not do so. In this situation, we shall endeavour to contact you in writing of such suspension as soon as possible.
7.4 We may immediately suspend or terminate your access to the Website (including the Aber Town & Gown property platform and any goods or services) if we believe that (a) your User ID is being used by somebody else, or there has been a breach of your security or information or (b) you may be in breach, or in danger of breaching, any Agreement with us. In such situation, we shall endeavour to give you written notice of this which shall give reasonable details of the suspected breach, including evidence of the grounds for our suspicion. Where we can, we will provide to you any further information reasonably requested to explain the basis of our conclusions. In the event that we suspend or terminate your access to the Website, the Aber Town & Gown property platform or any goods or services due to your breach of any Agreement with us, we may deduct the cost of any goods or services provided, along with any of our costs and expenses arising from your breach, from any full or partial refund which might otherwise be due to you in respect of any goods or service for which you have already paid at the date of suspension or termination.
7.5 Our rights of suspension or termination set out in this condition 7 are in addition to all other legal or equitable remedies available to us, including those set out in our Website Terms which can be found here abertownandgown.com/website-terms, which rights are fully and expressly reserved by us.
7.6 In the event we suspend or terminate your access, we will resume your access as soon as is reasonably practicable if the matters that gave rise to the suspension are rectified or it transpires that the suspicion was ill-founded.
- PROHIBITED USES
8.1 You may only use our Website (including the Aber Town & Gown property platform) for lawful purposes and in accordance with our Website Terms, which can be found here abertownandgown.com/website-terms.
9.1 We may revise these B2C Service Terms by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these B2C Service Terms may also be superseded by provisions or notices published elsewhere on our Site.
9.2 In the event of any discrepancy or inconsistency between these B2C Service Terms and the Website Terms, the B2C Service Terms shall take precedence.
- GOVERNING LAWS AND JURISDICTION
10.1 These B2C Service Terms (including their interpretation and any disputes arising out of, or in connection, with them) shall be construed in accordance with and governed by English and Welsh Law and shall be subject to the exclusive jurisdiction of the English and Welsh Courts.