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Terms and conditions for community members

The Tenants’ Voice Limited

Terms and conditions for community members 

1.              Application of terms

1.1           These terms and conditions apply to all registrations to use our website [] (“site”) as operated by The Tenants’ Voice Limited of PO Box 65427 N14 9DP (“we” or “us”). By registering to use our site (whether directly through our site or through Facebook or otherwise), you agree to the following terms and conditions and that these apply to and are incorporated into the contract between us (“Contract”) and that these prevail over any other terms and conditions or course of trading. You should print or otherwise save a copy of these terms and conditions for your records.

1.2           The Contract shall come into effect on your registration to use our site and shall continue until terminated in accordance with paragraph 9 below.

1.3           These terms and conditions should be read in conjunction with our Website Terms of Use, Privacy Policy and Acceptable Use Policy (all of which can be found on our site).

1.4           Any content posted or submitted by you to our site is subject at all times to the Acceptable Use Policy.

2.              Registration

2.1            We may at our absolute discretion refuse registration to any person or entity and we shall not be obliged to state our reasons for such refusal.

2.2            You agree to keep user details and your password for the site confidential at all times and to not disclose them to any third party.

2.3            Any transaction that you enter into with any agent or landlord or service  provider or otherwise as a result of using our site will be subject to a contract between you and the relevant agent, landlord, service provider or otherwise. We shall not be a party to that contract or responsible in any way for the performance of such contract or associated matters.

3                Warranties

3.1            You warrant that where you are an individual you are at least 18 years of age and where you are a company or other similar entity, that you are a bona fide legal entity duly formed in accordance with all applicable law and regulations and have full capacity and authority to enter into this agreement.

3.2            You warrant that all information that you have provided us with or have submitted to our site is true and accurate and not misleading in any way (particularly in relation to any review of landlords or agents).

3.3            You warrant that you have not been convicted of any criminal offence (other than an offence under any road traffic legislation in the United Kingdom or elsewhere for which a fine or non-custodial penalty is imposed).

3.4            You warrant that in using our site and being a member of our site, you will comply at all times with all applicable law and regulations.

3.5            You warrant and undertake that you will not use our site:

3.5.1        In any way that breaches any applicable local, national or international law or regulation.

3.5.2        In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

3.5.3        For the purpose of harming or attempting to harm minors in any way.

3.5.4        To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards which are set out below.

3.5.5        To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

3.5.6        To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

3.6            You warrant and undertake that you will not:

3.6.1        reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Terms of Website Use;

3.6.2        access without authority, interfere with, damage or disrupt:       any part of our site;       any equipment or network on which our site is stored;       any software used in the provision of our site; or       any equipment or network or software owned or used by any third party.

3.7            You warrant and undertake that any materials or posts or other contributions made by you to our site (“contributions”) will be genuinely held where they state opinions and comply with applicable law and regulations.

3.8            You warrant that you will comply with all rules, procedures and requests made by the site’s administrators or moderators from time to time and release us from any potential liability for their actions or omissions.

3.9            You warrant and undertake that each of your contributions to our site will not:

3.9.1        contain any material which includes the name of any individual (but for the avoidance of doubt naming businesses without identifying an individual is permitted);

3.9.2        contain any material which is expressed as a matter of fact (but for the avoidance of doubt expressions of opinions are permitted);

3.9.3        contain any material which is defamatory of any person;

3.9.4        contain any material which is obscene, offensive, hateful or inflammatory;

3.9.5        promote or contain sexually explicit material;

3.9.6        promote violence;

3.9.7        promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

3.9.8        infringe any copyright, database right or trade mark of any other person;

3.9.9        be likely to deceive any person;

3.9.10     be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

3.9.11     promote any illegal activity;

3.9.12     be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

3.9.13     be likely to harass, upset, embarrass, alarm or annoy any other person;

3.9.14     be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

3.9.15     give the impression that they emanate from us, if this is not the case; or

3.9.16     advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

3.10         We may reject or remove at any time in our absolute discretion any contributions submitted by you to our site.

4                Intellectual Property

4.1            We are the owner or the licensee of all intellectual property rights in our site, and in all of the material and contributions published on it. Such works are protected by copyright laws and treaties around the world. All such rights are reserved.

4.2            You must not reproduce in any format (including on another website) any part of our site (including content, designs, look and feel) without our prior written consent.

4.3            You grant us a perpetual, worldwide, royalty-free, transferable, irrevocable  licence to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display all or any of your contributions and use the name that you submit in connection with such contributions.

4.4            You waive and agree not to assert any entitlement to any and all moral rights of an author in any of your contributions and you release us from any claims that you could otherwise assert against us by virtue of any such moral rights in the contributions.

4.5            You shall, at all times during and after the term of this agreement, indemnify us and keep us indemnified against all losses, damages, costs or expenses and other liabilities (including legal fees) incurred by, awarded against or agreed to be paid by us arising from any claim of infringement or alleged infringement (including the defence of such infringement or alleged infringement) of a third party’s intellectual property rights arising out of your use of our site.

4.6            You agree and acknowledge that we retain full editorial control over all profile pages, reviews, review responses and all other contributions submitted by you to our site and that we will own all intellectual property rights in relation to such contributions.

4.7            We reserve the right to change the format, functionality, style and layout of our site as we see fit.

5                Limitation of liability

5.1            Other than liability for us causing death or personal injury to any person by our negligence or any liability which cannot be limited or excluded by applicable law, we exclude all liability for any loss or damage suffered by you resulting from your use of our site or your membership or your advertising on our site (including all consequential loss or damage howsoever caused).

5.2            In the event that we are found liable to you for any loss or damage, this liability shall be limited to the sum of [£100] in total for any amount of claims.

5.3            You specifically agree and acknowledge that we are not liable to you for any loss or damage, for offence caused or for any threatening, defamatory, obscene, offensive or illegal content uploaded to our site by a third party or for the infringement of any of your rights (including intellectual property rights) arising from the conduct of a third party, such as another user of our site.

5.4            You agree and acknowledge that we have no liability for our site not being available at any time nor any liability for the deletion, corruption or failure to store any materials or content maintained or transmitted on our through our site.

5.5            We shall have no liability for any advice, views, recommendations or ratings given on our site that are provided by letting agents, tenants, landlords or other third parties.

5.6            Where we provide any content on the site or otherwise that contains advice, views or recommendations, this is done on a generic basis without considering individual circumstances and hence we shall have no liability for any such content.

5.7            Where we provide materials that are educational, these are up to date and accurate to the best of our knowledge but as this is a free service, we shall not in any way be liable in any circumstances for any matter arising out of your use of such educational materials.

5.8            Our site contains links to websites owned and/or operated by third parties. These links are not an endorsement by us of the contents on such third-party sites or the products or services sold by them and we hereby expressly disclaim any representations regarding the content or accuracy of materials on such third-party websites and shall have no liability for any transaction entered into between you and such third party. If you decide to access linked third-party websites or purchase products or services from them, you do so at your own risk.

5.9            We may at our discretion amend or remove a rating or a recommendation on our site (for example where we have reason to believe that a recommendation is not genuine) and shall have no liability whatsoever in relation to such actions or the recommendations and ratings system in general.

5.10         You acknowledge that we are not obliged to moderate any forum, bulletin board or other interactive area of our site and hence shall have no liability in relation to the same. We may however remove or amend any content posted on such forum, bulletin board or any other part of our site as we, in our absolute discretion, see fit.

6                Indemnity

You hereby agree to, at all times during and after the term of this agreement, indemnify us and keep us indemnified against all losses, damages, costs or expenses and other liabilities (including professional fees) incurred by, awarded against or agreed to be paid by us arising from your breach of any term of this agreement, the Website Terms of Use, the Privacy Policy and the Acceptable Use Policy.

7                Termination

7.1            We may terminate the Contract between us at any time on immediate notice to you if:

7.1.1        you have breached these terms and conditions in any way;

7.1.2        you have breached the terms of our Website Terms of Use or Acceptable Use Policy in any way;

7.1.3        you are in our opinion transmitting or otherwise connected with any ‘spam’ or any other form of unsolicited bulk email or communication;

7.1.4        your continued use of our site may in our reasonable opinion adversely affect our goodwill or reputation; or

7.1.5        we cease to trade or carry on business.

7.2            We have no obligation to maintain any of your contributions or any other content submitted to our site.

7.3            Any termination of this agreement shall not affect any rights or liabilities that have accrued to us prior to such termination.

7.4            You have the right to request the removal of your profile and the cancellation of the Contract at any time by emailing [INSERT EMAIL ADDRESS] and inserting “REMOVE” in the title of the email. You must include your full name and your reason for wanting to remove your profile. We will aim to remove your profile from our site within 7 days of our receipt of your email.

8                Force majeure

We shall not be in breach of this agreement, nor liable for any failure or delay in performance of any obligations under this agreement, arising from or attributable to acts, events, omissions or accidents beyond our reasonable control.

9                Severance

If any provision of this agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force unless, in our reasonable opinion, the purpose of this agreement is frustrated as a result.

10             Variation

We may vary these terms and conditions at any time. The latest version of these terms and conditions shall be as posted on our site or as emailed to you. Your continued use of our site constitutes your acceptance of any new or updated or amended terms and conditions.

13             Waiver

No failure or delay by us to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy.

14             Assignment

This agreement is personal to you and you may not, without our prior written consent, assign, transfer, sub-contract, delegate or deal in any other manner with this agreement. We may assign this agreement at our discretion and without providing you with notice.

15             Entire Agreement

This agreement, the Website Terms of Use, the Privacy Policy and the Acceptable Use Policy (all of which can be found on our site) constitute the entire agreement between us and supersede all prior agreements, communications and proposals.

16             Third party rights

A person who is not a party to this agreement shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.

17             Governing law and jurisdiction

17.1         This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.

17.2         The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).