Terms and Conditions
Staynearby website: Terms and Conditions
The terms and conditions below apply to your use of the Staynearby website (the "Staynearby Site" or the "Site"). Please read them carefully. If you do not accept these terms and conditions do not use this Site.
1. About us
The Staynearby Site is owned and operated by Staynearby ltd ("we" or "us"). We are registered in England and Wales under company number 07841436. Our registered office is at 72 Fielding road, Chiswick, London, W4 1DB
2. About the Site
The Staynearby Site provides a place where Tenants and Property Owners (defined below) can look for and advertise properties for rent. We are not involved in any way in any transactions between Property Owners and Tenants and we do not make any representations or give any guarantees about Tenants, Property Owners or properties offered for rent on the Site.
3. Accessing This Site
3.1 We reserve the right to withdraw or amend the services we provide on this Site without notice. We will not be liable if for any reason the Site is unavailable at any time or for any period.
3.2 Access to the Site is restricted to Users who have registered with us.
3.3 If you choose, or you are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party. 3.4 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions. 4. Permitted Use 4.1 Subject to clause 4.2, you may print and download extracts from this Site for non-commercial use on the following basis: 4.1.1 no documents or related graphics on the Site are modified in any way;
4.1.2 no graphics on the Site are used separately from accompanying text; and
4.1.3 no copyright and trade mark notices are removed. 4.2 You agree not to: 4.2.1 use any part of the Materials on this Site for commercial purposes without obtaining a licence to do so from us or our licensors;
4.2.2 copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means any content of this Site, except as permitted above; 4.2.3 provide a link to this Site from any other website without obtaining our prior written consent. 5. Intellectual Property Rights 5.1 Unless otherwise specified, we are the owner or licensee of all intellectual property rights in the Site, and in the Material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
5.2 Unless otherwise specified, the authors of the literary and artistic works in the Materials contained in the Site have asserted their moral right pursuant to Section 77 of the Copyright Designs and Patents Act 1988 to be identified as the author of those works. 6. Reliance On Information Posted and Limitation of Liability 6.1 The information contained in the Material on the Site is for information purposes only and does not constitute advice. We disclaim all liability and responsibility arising from any reliance placed on such Materials by any User of the Site, or by anyone who may be informed of any of its contents.
6.2 Subject to clause 6.3 and to the extent permitted by law, we hereby expressly exclude: 6.2.1 all conditions, warranties and other terms that might otherwise be implied by statute, common law or the law of equity; 6.2.2 any liability for any direct, indirect or consequential loss or damage incurred by any User in connection with use of this Site, including without limitation any liability for: 6.2.2.1 loss of income or revenue; 6.2.2.2 loss of business; 6.2.2.3 loss of profits or contracts; 6.2.2.4 loss of anticipated savings; 6.2.2.5 loss of data; 6.2.2.6 loss of goodwill; 6.2.2.7 wasted management or office time; and for any other loss or damage of any kind, however arising whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
6.3 We do not exclude liability for death or personal injury arising from our negligence nor any other liability that cannot be excluded or limited by law. 6.4 We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so. We disclaim all responsibility and liability for any advert that may infringe any legislation or law of any country outside the United Kingdom. 7. Third Party Material This Site may contain Material submitted and created by third parties including other Site Users. We exclude all liability for any illegality arising from or error, omission or inaccuracy in such Material and we take no responsibility for such Material. 8. Links From This Site Where this Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. 9. Material Submitted By You 9.1 By submitting any Material to us, you: 9.1.1 automatically grant us a royalty-free, perpetual, irrevocable licence to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such Material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content; and
9.1.2 waive all your moral rights in such Materials. 9.2 You acknowledge that we are not obliged to publish any Material submitted by you.
9.3 You agree not to post any Material: 9.3.1 that is threatening, defamatory, offensive, abusive, liable to incite racial hatred, discriminatory, blasphemous, pornographic, in breach of confidence, in breach of privacy; or 9.3.2 for which you have not obtained all necessary licences and/or approvals; or 9.3.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK; or
9.3.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). 9.4. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting Material in breach of clause 9.3. 10. Data Protection and Privacy 10.1. We process information about you in accordance with our Privacy Policy located here. By using this Site, you consent to such processing and you warrant to the best of your knowledge and belief that all data provided by you is accurate.
10.2. We hold a data protection registration and comply with the Data Protection Act 1998. 11. Definitions In these terms and conditions: "Ad or "advert" means advertisements offering property for rent published on the Staynearby Site; "Material" includes but is not limited to advertisements; "Property Owner" means any person, company, firm, business, or other organisation advertising a property on the Site; "Tenant" means any person using the Site who is looking for or who finds a property to rent through the Site; and "User" includes but is not limited to Property Owners and Tenants. 12. Tenants 12.1 In this clause "you" means Tenant. 12.2 When you rent a property from a Property Owner a contract is created between you and the Property Owner, not with us. 12.3 We accept no liability for any error, omission, or inaccuracy in listings on the Site and/or Material submitted by Property Owners. 12.4 We make no representation and give no guarantees about any Property Owner or property listed on the Site. Any complaint or claim you may have about a Property Owner or property advertised on the Site is between you and the Property Owner. You agree that we are not liable for any property you rent or for any act or omission of the Property Owner. 13. Property Owners 13.1 In this clause and in clause 14 "you" means Property Owner. 13.2 Only properties located in the United Kingdom may be advertised on the Site. 13.3 In each case you warrant and represent that you are legally entitled to advertise the property on the Site and that you are the owner of the property or are authorised by the owner of the property to advertise the property on the Site. 13.4 We make no representation and give no guarantee about the suitability of Tenants or the ability of Tenants to pay for properties. Any complaint or claim you may have about a Tenant is between you and the Tenant. You agree that we are not liable for any act or omission of any Tenant. 13.5 A contract for the sale to you of advertising space will not be formed until we send you acceptance by email of your order after you have uploaded your ad ("Acceptance"). 13.6 We aim to publish your advert within 24 hours of Acceptance but this may not always be possible. 13.7 If we are unable to publish your advert for any reason we will refund the price of the advert paid by you and you agree that we shall have no further liability to you. 14. Payment for advertising 14.1 The price of an ad shall be the price quoted on the Site on the date your order is received by us and includes VAT where applicable. 14.2 You have sole and exclusive responsibility for payment of any import or other duties or taxes. 14.3 Payment for adverts may only be made by debit or credit card online. 14.4 The debit and credit cards accepted by us are those listed on the Site on the date of Acceptance. 15. Withdrawal of Adverts We reserve the right to withdraw from the Site any advert without prior notice or liability to the Property Owner or the Tenant. 16. Force Majeure We will not be in breach of these terms and conditions as a result of any delay in our performance or failure to perform our obligations caused by circumstance beyond our reasonable control including, but not limited to, postal or other carrier strikes, fire, flood and other acts of God, riot, accident, civil commotion or war. 17. Amendments We reserve the right to amend these terms and conditions at any time without notice provided always that the terms and conditions applicable to an advert will be those published here at the time the Property Owner places the advert on the Site. 18. Contacting us To contact us about the Site email: contact@staynearby.co.uk 19. Interpretation and validity 19.1 In these terms and conditions: 19.1.1 headings are for convenience only; and 19.1.2 the use of the singular includes the plural and vice versa. 19.2 If any provision in these terms and conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this shall not affect the validity of the remaining terms and conditions which shall continue to be valid and enforceable to the fullest extent permitted by law. 20. Entire Agreement These terms and conditions constitute the entire agreement between you and us in relating to your use of the Site. 21. Applicable law and Jurisdiction These terms and conditions are governed by English Law and any dispute arising from them shall be subject to the exclusive jurisdiction of the English Courts.
3.2 Access to the Site is restricted to Users who have registered with us.
3.3 If you choose, or you are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party. 3.4 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions. 4. Permitted Use 4.1 Subject to clause 4.2, you may print and download extracts from this Site for non-commercial use on the following basis: 4.1.1 no documents or related graphics on the Site are modified in any way;
4.1.2 no graphics on the Site are used separately from accompanying text; and
4.1.3 no copyright and trade mark notices are removed. 4.2 You agree not to: 4.2.1 use any part of the Materials on this Site for commercial purposes without obtaining a licence to do so from us or our licensors;
4.2.2 copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means any content of this Site, except as permitted above; 4.2.3 provide a link to this Site from any other website without obtaining our prior written consent. 5. Intellectual Property Rights 5.1 Unless otherwise specified, we are the owner or licensee of all intellectual property rights in the Site, and in the Material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
5.2 Unless otherwise specified, the authors of the literary and artistic works in the Materials contained in the Site have asserted their moral right pursuant to Section 77 of the Copyright Designs and Patents Act 1988 to be identified as the author of those works. 6. Reliance On Information Posted and Limitation of Liability 6.1 The information contained in the Material on the Site is for information purposes only and does not constitute advice. We disclaim all liability and responsibility arising from any reliance placed on such Materials by any User of the Site, or by anyone who may be informed of any of its contents.
6.2 Subject to clause 6.3 and to the extent permitted by law, we hereby expressly exclude: 6.2.1 all conditions, warranties and other terms that might otherwise be implied by statute, common law or the law of equity; 6.2.2 any liability for any direct, indirect or consequential loss or damage incurred by any User in connection with use of this Site, including without limitation any liability for: 6.2.2.1 loss of income or revenue; 6.2.2.2 loss of business; 6.2.2.3 loss of profits or contracts; 6.2.2.4 loss of anticipated savings; 6.2.2.5 loss of data; 6.2.2.6 loss of goodwill; 6.2.2.7 wasted management or office time; and for any other loss or damage of any kind, however arising whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
6.3 We do not exclude liability for death or personal injury arising from our negligence nor any other liability that cannot be excluded or limited by law. 6.4 We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so. We disclaim all responsibility and liability for any advert that may infringe any legislation or law of any country outside the United Kingdom. 7. Third Party Material This Site may contain Material submitted and created by third parties including other Site Users. We exclude all liability for any illegality arising from or error, omission or inaccuracy in such Material and we take no responsibility for such Material. 8. Links From This Site Where this Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. 9. Material Submitted By You 9.1 By submitting any Material to us, you: 9.1.1 automatically grant us a royalty-free, perpetual, irrevocable licence to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such Material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content; and
9.1.2 waive all your moral rights in such Materials. 9.2 You acknowledge that we are not obliged to publish any Material submitted by you.
9.3 You agree not to post any Material: 9.3.1 that is threatening, defamatory, offensive, abusive, liable to incite racial hatred, discriminatory, blasphemous, pornographic, in breach of confidence, in breach of privacy; or 9.3.2 for which you have not obtained all necessary licences and/or approvals; or 9.3.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK; or
9.3.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). 9.4. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting Material in breach of clause 9.3. 10. Data Protection and Privacy 10.1. We process information about you in accordance with our Privacy Policy located here. By using this Site, you consent to such processing and you warrant to the best of your knowledge and belief that all data provided by you is accurate.
10.2. We hold a data protection registration and comply with the Data Protection Act 1998. 11. Definitions In these terms and conditions: "Ad or "advert" means advertisements offering property for rent published on the Staynearby Site; "Material" includes but is not limited to advertisements; "Property Owner" means any person, company, firm, business, or other organisation advertising a property on the Site; "Tenant" means any person using the Site who is looking for or who finds a property to rent through the Site; and "User" includes but is not limited to Property Owners and Tenants. 12. Tenants 12.1 In this clause "you" means Tenant. 12.2 When you rent a property from a Property Owner a contract is created between you and the Property Owner, not with us. 12.3 We accept no liability for any error, omission, or inaccuracy in listings on the Site and/or Material submitted by Property Owners. 12.4 We make no representation and give no guarantees about any Property Owner or property listed on the Site. Any complaint or claim you may have about a Property Owner or property advertised on the Site is between you and the Property Owner. You agree that we are not liable for any property you rent or for any act or omission of the Property Owner. 13. Property Owners 13.1 In this clause and in clause 14 "you" means Property Owner. 13.2 Only properties located in the United Kingdom may be advertised on the Site. 13.3 In each case you warrant and represent that you are legally entitled to advertise the property on the Site and that you are the owner of the property or are authorised by the owner of the property to advertise the property on the Site. 13.4 We make no representation and give no guarantee about the suitability of Tenants or the ability of Tenants to pay for properties. Any complaint or claim you may have about a Tenant is between you and the Tenant. You agree that we are not liable for any act or omission of any Tenant. 13.5 A contract for the sale to you of advertising space will not be formed until we send you acceptance by email of your order after you have uploaded your ad ("Acceptance"). 13.6 We aim to publish your advert within 24 hours of Acceptance but this may not always be possible. 13.7 If we are unable to publish your advert for any reason we will refund the price of the advert paid by you and you agree that we shall have no further liability to you. 14. Payment for advertising 14.1 The price of an ad shall be the price quoted on the Site on the date your order is received by us and includes VAT where applicable. 14.2 You have sole and exclusive responsibility for payment of any import or other duties or taxes. 14.3 Payment for adverts may only be made by debit or credit card online. 14.4 The debit and credit cards accepted by us are those listed on the Site on the date of Acceptance. 15. Withdrawal of Adverts We reserve the right to withdraw from the Site any advert without prior notice or liability to the Property Owner or the Tenant. 16. Force Majeure We will not be in breach of these terms and conditions as a result of any delay in our performance or failure to perform our obligations caused by circumstance beyond our reasonable control including, but not limited to, postal or other carrier strikes, fire, flood and other acts of God, riot, accident, civil commotion or war. 17. Amendments We reserve the right to amend these terms and conditions at any time without notice provided always that the terms and conditions applicable to an advert will be those published here at the time the Property Owner places the advert on the Site. 18. Contacting us To contact us about the Site email: contact@staynearby.co.uk 19. Interpretation and validity 19.1 In these terms and conditions: 19.1.1 headings are for convenience only; and 19.1.2 the use of the singular includes the plural and vice versa. 19.2 If any provision in these terms and conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this shall not affect the validity of the remaining terms and conditions which shall continue to be valid and enforceable to the fullest extent permitted by law. 20. Entire Agreement These terms and conditions constitute the entire agreement between you and us in relating to your use of the Site. 21. Applicable law and Jurisdiction These terms and conditions are governed by English Law and any dispute arising from them shall be subject to the exclusive jurisdiction of the English Courts.