Smarter Housing Terms & Conditions
These terms and conditions (the "Terms & amp; Conditions") govern the relationship between us, Smarter Housing Limited and you in respect of the subject matter of these Terms & amp; Conditions.
1. Definitions
1.1 In these Terms & Conditions the following words shall have the following meanings unless otherwise expressly stated:
"Property" means a property listed on Our Website which is available for rental;
"Our Email Address" means students@smarterhousing.co.uk;
"Our Website" means our website with its homepage at www.smarterhousing.co.uk;
"Registration Form" means the registration form on Our Website;
"Tenancy Agreement" means the tenancy agreement to be entered into in respect of a Property reserved by You on Our Website;
"we" means Smarter Housing Limited (Registered in England No 05514014) whose registered office is Barclays Venture Centre, Sir William Lyons Road, Coventry, CV4 7EZ ('us' and 'our' will be construed accordingly);
"Your Email Address" means the email address which you provided in the Registration Form, or such revised email address as you have notified to us in accordance with these Terms & Conditions.
2. Commencement
2.1 These Terms & Conditions shall apply immediately after you confirm acceptance of them on Our Website.
3. Registration
3.1 You confirm that the details which you have provided in the Registration Form are complete and accurate, and that you are at least 18 years old.
3.2 You agree to immediately inform us by sending an email to Our Email Address, of any changes to your contact details. Such email must originate from the last email address which you have registered with us.
3.3 You agree to our privacy policy (which is accessible by clicking here).
4. User Name & Password
4.1 After receipt of your completed Registration Form, if we accept your registration application, we will email to Your Email Address, a unique user name and password. You agree to keep these details safe, confidential and not to disclose them to any party but only to use them to log in to the membership area of Our Website.
4.2 If you forget your user name and/or password, please send an email to Our Email Address confirming this, and new log in details will be emailed to Your Email Address.
5. The Service
5.1 You will have access to the membership area of Our Website from the date that we accept your registration application.
5.2 From our membership area of Our Website, you will be able to view and reserve a Property for rental in accordance with the relevant instructions. Once we have received your completed form the Property is reserved for you, subject to receipt of a deposit and you signing the Tenancy Agreement.
5.3 Once we have received your request to reserve a Property we will send you a copy of the Tenancy Agreement by email for your information and provide you details of the times and location at which our representative will be available to meet with you to provide us with a deposit and sign and exchange the hard copy of the Tenancy Agreement. The Tenancy Agreement is between you and the landlord of the Property and We are acting as the agent of the landlord in respect of the Tenancy Agreement.
5.4 The deposit is non-refundable and if you fail to sign the Tenancy Agreement.
5.5 The content of Our Website is subject to change, as from time to time it will be replaced or supplemented with other content.
5.6 You confirm that by using the service, you are acting as a consumer only and not in connection with, nor in the course of a business.
5.7 You agree that by using the service you will not: copy; reproduce; modify; distribute; or make available any links to; any of the content on Our Website.
6. Charges
6.1 We will charge the credit card details which you entered in the Registration Form for the deposit that you agree to pay in respect of the Property. However, if there is any mistake in relation to the charges shown on Our Website then we will advise you of this and await your confirmation to proceed before taking any payment.
6.2 You will be responsible for the further rental charges in respect of the Property in accordance with the Tenancy Agreement.
7. Property Information
7.1 The information contained on Our Website in relation to the Property are prepared in good faith and to provide a reasonable indication of the Property. Subject to Clause 16, nothing on Our Website shall be deemed to be a statement or warranty of the condition or suitability of the Property. You have the opportunity to visit the Property before signing the Tenancy Agreement to satisfy yourself as to the condition or suitability of the Property.
7.2 Any areas, measurements or distances referred to are given as a guide only and are not necessarily precise.
8. Limitation of Liability
8.1 Nothing in these Terms & Conditions shall restrict or exclude our liability for death or personal injury resulting from our negligence. Nothing in these Terms & Conditions shall restrict or exclude our liability for fraud. We also do not exclude or limit any liability which may not be lawfully excluded or limited. Furthermore, nothing in these Terms & Conditions affects your statutory rights.
8.2 We shall not be liable to you for consequential, special or indirect losses, or the following losses whether direct or indirect: loss of profits; loss of revenue; economic loss; loss of business or contracts; loss of anticipated savings or goodwill; loss of data; (or any losses arising from a claim by a third party for any of the above losses) whether arising under contract, tort (including without limitation, negligence), or otherwise.
8.3 Subject to Clause 8.1 and 8.2, our aggregate liability for all claims arising under or in connection with these Terms & Conditions (whether arising under contract, tort (including without limitation negligence) or otherwise) shall be limited to refunding to you an amount equal to 125% of the sums which you have paid to us.
8.4 Your deposit has been calculated on the basis that we will exclude and limit our liability as set out in these Terms & Conditions, and you agree that such limitations and exclusions of liability are therefore reasonable.
9. Termination
9.1 We may immediately by sending an email to Your Email Address terminate your use of Our Website and thus prevent you using the service, if you breach any provision in these Terms & Conditions.
10. Contracts (Rights of Third Parties) Act 1999
10.1 For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision in these Terms & Conditions, these Terms & Conditions are not intending to, and do not, give any person who is not a party to it any right to enforce any of its provisions.
11. Severability
11.1 If at any time any part of these Terms & Conditions or a Clause in these Terms & Conditions becomes void or unenforceable under any applicable law it shall be deemed to be deleted from these Terms & Conditions and the remaining provisions of these Terms & Conditions shall continue unaffected.
12. Assignment
12.1 You may not assign, delegate, sub-contract, transfer or otherwise dispose of any of your rights or responsibilities under these Terms & Conditions.
13. Variations
13.1 We may from time to time change these terms and conditions, and we will advise you of such changes on Our Website. Your continued use of the service will confirm your acceptance of such changes.
14. Events Beyond Our Control
14.1 We will not be liable for any events beyond our reasonable control.
14.2 Our Website is hosted by a third party company and therefore there may be times when the website is inaccessible due to outages and maintenance. However, we do not envisage that such unavailability would last for prolonged periods at a time such that it materially affects your access to Our Website. However, you must acknowledge that we are unable to offer any guaranteed availability times in relation to Our Website. If you do have any continued problems in relation to access, please send an email to Our Email Address and our customer service team will look into them.
15. Entire Agreement
15.1 These Terms & Conditions contain the entire agreement between you and us with respect to the subject matter of the Terms & Conditions and shall supersede all other written or oral communications between you and us. The express terms and conditions in these Terms & Conditions are in lieu of all warranties, conditions, terms, representations, statements, undertakings and obligations whether express or implied by common law, custom, usage or otherwise all of which are hereby excluded to the fullest extent permitted by law. You hereby confirm that you have not relied upon any representations, communications or other matters which have not been expressly stated in these Terms & Conditions. Notwithstanding any provision to the contrary, nothing in these Terms & Conditions limits or excludes our liability for fraudulent misrepresentations.
16. Notices
16.1 You agree to provide all notices in relation to these Terms & Conditions by email to us at Our Email Address, or alternatively in writing to us, marked for the attention of the "Customer Services Manager" at Smarter Housing Limited, Barclays Venture Centre, Sir William Lyons Road, Coventry, CV4 7EZ .
17. Law and Jurisdiction
17.1 These Terms & Conditions and any dispute or claim arising in connection with them shall be governed by the laws of England and shall be subject to the exclusive jurisdiction of the English Courts to which you irrevocably submit.
17.2 To the extent permitted by law, we do not accept any liability for any claims not notified to us within 30 days of the cause of the claim arising.