|
| ||
|
Terms And ConditionsRFT Global Ltd terms and conditions
1. THESE TERMS AND CONDITIONS
1.1 You are reading a legal document which is the "User Agreement" (or "Terms and Conditions") between you, a particular user of the Website (whom we refer to as “you” or “your” in this document), and us for your use of the Service or the Website (as defined below). We are RFT Global Limited, a company registered in England under number 6220597 with our registered office at 88 Crawford Street, London, W1H 2EJ, England and VAT number 906 1939 18 (and we refer to ourselves as "RFT", “we” or “us” or “our” in this document). If you have any comments, queries or suggestions about the Service or the Website, you can write to us at this address or email us at support@roomft.com.
1.3 These Terms and Conditions were most recently updated on 20 September, 2007.
1.4 We shall keep a copy of these Terms and Conditions, but you are advised to print and keep a copy of these Terms and Conditions and each amended version for your own records and future reference.
2. DEFINITIONS
2.1 In this User Agreement, unless the context otherwise requires:
2.2 In this User Agreement:
2.2.1 references to Clauses are to the clauses of this User Agreement;
2.2.2 words importing a gender shall include the other gender and the neutral;
2.2.3 references to persons and entities include individuals, bodies corporate, firms, partnerships or unincorporated associations;
2.2.4 the singular includes the plural and vice versa;
2.2.5 the headings to Clauses are inserted for convenience only and shall not affect the interpretation or construction of this User Agreement;
2.2.6 references to "includes" or "including" or like words or expressions shall mean without limitation;
2.2.7 references to any statute or statutory provision shall include any subordinate legislation made under it, any provision which it has modified or re-enacted (whether with or without modification) and any provision which subsequently supersedes it or re-enacts it (whether with or without modification); and
2.2.8 references to "written" or in "writing" (except in respect of sending a notice in accordance with Clause 11.8) includes in electronic form.
2.3 We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted on the Website. We may introduce the changes with or without notice to you. You are responsible for regularly reviewing information posted online and the latest Terms and Conditions on the Website to obtain timely notice of all changes. You may terminate this User Agreement by written notice to us (by post or email to the addresses in Clause 1.1) and cease using the Website if you do not wish to be bound by the new or revised Terms and Conditions. However, your continued use of the Service or the Website will be deemed to constitute your acceptance of the new or revised Terms and Conditions.
3. REGISTRATION FOR THE SERVICE AND SETTING UP AS A HOST OR TRAVELLER
3.1 You do not need to register to use some of the functionality of the Website. However, registration for the Service gives access to additional functionality on the Website. Please note that to use the Website whether with or without registration, you must be 18 years of age or over. We reserve the right to prevent you using the Website or the Service (or any part of them) and we reserve the right to decline a new registration, and we or you may also terminate your registration at any time by terminating this User Agreement by written notice to the other (by post or email to the last known postal or email address of the other).
3.2 If you register for the Service, it enables you to act as a Host or Traveller and find other Hosts and Travellers and be found by other Hosts and Travellers.
3.3 To register for the Service you need to supply us with your name and email address. You must use your own name and not impersonate another person or adopt a false identity.
3.4 To activate your account either as a Host or as a Traveller, you need to complete the relevant fields as required in the relevant pages on the Website. For example, you need to provide first name, surname, gender, email address, password, screen name (which you may need to replace if your desired one is unavailable), date of birth, picture, address, post code, country, telephone number, and more information about you and your property and your location and other occupants of your house or travelling companions.
3.5 You must not choose a password that can be readily guessed. If you think that you may have allowed a third party to see or use your password other than with your permission, you must inform us immediately and we will suspend use of the Service under that password (but in any event you shall be responsible for any use under that password until we do so). You agree to regularly change your password and in any event when we require.
3.6 You must keep your password strictly confidential and secure and immediately notify us if any authorised third party becomes aware of that password or if there is any unauthorised use of your e-mail address or any breach of security known to you. You agree that any person to whom your user name or password is disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) the Service and Website. Please note that you are entirely responsible if you do not maintain the confidentiality of your password. You are also entirely responsible for bringing this User Agreement to the attention of all persons who may access the Service through your password or your Internet connection.
3.7 Following your submission of a name and email address to the Website, we will send an email to the email address you have given, requiring you to follow the instructions in that email in order to be able to use the Service. Until you have complied with the instructions in that email, you may register and set up and maintain your profile, but you will be unable to use the Service generally (including requesting Travellers, contacting other Users or submitting material to the discussion forum). The only elements of the Website that you will be able to use will be anything available to people who have not registered as Users (including the "Cost a Room" facility). The Service will start as soon as you have complied with the email instructions. Until that point, the Service will not have started and completion of your registration and profile information will be in preparation for commencement of your use of the Service.
4. PROVISION AND USE OF THE SERVICE AND WEBSITE
4.1 Our provision and your use of the Service and/or the Website are subject to these Terms and Conditions.
4.2 As part of the Service, you may view other potential Travellers or Hosts based on particular criteria (for example, without limitation, smoker or non-smoker or star rating). The criteria may change over time.
4.3 If you are acting as a Traveller, you can use the Service to try to find an appropriate Host using the "Search for Room" facility. The search will produce different categories of potential Hosts. You can find out more information about particular potential Hosts and their locations through the Website. You can also communicate with the Host through the Website's webmail facility to find out more information from the Host.
4.4 If you are acting as a Host, you can use the Service to try to find an appropriate Traveller using the "Search for Traveller" facility. The search will produce different categories of potential Travellers. You can find out more information about particular potential Travellers through the Website. You can also communicate with the Traveller through the Website's webmail facility to find out more information from the Traveller.
4.5 Although we may inform you of new webmail by sending an email to your email address that is not on the Website, it is your responsibility regularly to check your webmail facility on the Website in order to see whether any other User has been in contact with you.
4.6 You agree that we will post certain information about you on the Website in respect of you and your property so that potential Travellers and Hosts can see potential matches, but the information will not list your name or actual address (although your postcode may be mentioned) unless you actually agree to exchange that information with the potential Traveller or Host.
4.7 A Traveller may request a booking with the potential Host. If the Host agrees, the Website will enter a diary entry in the Traveller diary of the Traveller on the Website and the Host diary of the Host on the Website.
4.8 You must not enter into an agreement or arrangement with another User for you to be a Host or Traveller unless you expect to fully be able to be available to fulfil the agreement or arrangement with that other User and your part of the booking on the proposed or agreed dates and times.
4.9 At the point at which the entries are entered in your Website diaries, unless the Host and the Traveller agree something specifically to the contrary, the Host and the Traveller will be deemed to have entered into a binding legal agreement with each other. However, that is a matter entirely for the relevant Host and Traveller. The Service is made available to you solely to communicate information to you and provide a facility to enable you to communicate and enter into agreements and arrangements directly with other Hosts and Travellers. However, we will not be party to any arrangement, agreements or meetings made between you and any Hosts or Travellers and all such arrangements and agreements are subject to any terms and conditions agreed between you and those other Hosts or Travellers. If you need to make the agreement with the Host or Traveller subject to any specific terms or conditions or as to payment terms or rights to use the Host's property, that is something you must agree with them before your legally binding agreement is formed with them. If you are a Traveller (or a Host) then the Host (or Traveller) may have its own applicable terms and conditions, in relation to its own supply or obtaining of services, and you agree to abide by those terms and conditions.
4.10 We may provide the facility for you to communicate with other Hosts or Travellers through the Website using user names and various other selected information about yourself and your family or friends, but we will not be responsible if other Users do not respect the privacy or confidentiality or security of your information, or if you reveal any further information about yourself and your family or friends. You should do everything that you need to do to satisfy yourself and your family and friends (on whose behalf you may be acting) of the validity and safety in dealing with those other Hosts and Travellers and their respective family and friends and dependents (including pets) and of their identities, characters, habits, hobbies, lifestyles, records (including any criminal convictions), beliefs, attitudes, views, opinions and connections and you should do everything you need to in order to protect and satisfy yourself before entering into any arrangement, agreement, meeting or communication with them. You may want to do this through the communications facilities available through the Website or through other means. Specifically:
4.10.1 we are not responsible for the accuracy, quality, safety or legality of any User's acts, omissions or premises;
4.10.2 we are not responsible for the ability of Hosts to provide accommodation or to the level they have stated, or for Travellers to fit in with the Host's requirements;
4.10.3 any arrangement, agreement, meeting or communication of you (or anyone on whose behalf you are acting) with any other User (or anyone on whose behalf that User is acting) as a result of use of the Website or the Service is entirely at your own risk;
4.10.4 we shall in no circumstances have any liability whatsoever in respect of any such arrangement, agreement, meeting or communication or any User's failure to comply with such arrangement, agreement, meeting or communication;
4.10.5 we shall in no circumstances have any liability for any act or omission of any third party (including any Host or Traveller or their family or friends) (including any no shows); and
4.10.6 we will not be responsible for any liability, loss, damage, injury, cost, expense, fine, demand, claim or proceeding incurred by any person (including for death, personal injury, damage to property or pure financial loss) arising out of or in relation to any such arrangement, agreement, meeting or communication (including failure to provide any accommodation or turn up to stay at your accommodation, or delays in doing so, or errors in any information provided to us or to you by that other person).
4.11 You acknowledge that any safety tips and suggestions we provide through the Service are for convenience only, and such tips are not exhaustive and may not apply in certain circumstances. Irrespective of any tips or suggestions we provide through the Service. It is entirely your responsibility to take your own precautions, do your own prior investigations and ensure you are safe.
4.12 You agree not to cause any other User any loss or liability or interfere with another person's use of the Service except to the extent that we expressly permit.
4.13 You agree not to try to circumvent the booking process on the Website or fees that are due or that would otherwise be due to us or book a date to be a Traveller or Host with any User other than using the Service. If you do try to circumvent the booking process on the Website and book a date to be a Traveller or Host with another User other than using the Service, then you shall still be liable to pay for the fees to us that would otherwise have been payable by you had you done so using the Service and you shall also pay for our additional costs involved involved.
4.14 You agree to use other Users' information that you discover as a result of using the Service strictly for the purpose of using the Service yourself and not to post another person's data on a publicly available place (without that other person's express prior consent).
4.15 You agree to fully comply with any agreement you make with any other User, including being available and providing the facilities or people at the times and to the levels promised by you to us, the Website or the User directly, and paying for all applicable amounts agreed with that other User and on time.
4.16 When we provide information about other Hosts and Travellers (including their locations), we are dependent on data provided from those Hosts or Travellers or third parties (including Google Maps). We do not warrant and we exclude all liability in respect of the accuracy, completeness, currency, fitness for purpose or legality of any information accessed using the Service on or accessed via the Website or otherwise communicated to you (by email, by hard copy printout from the Website or otherwise) relating to another Host or Traveller or their location.
4.17 You agree that sole responsibility for the information relating to another Host or Traveller or their travel companions or home occupants shall rest with that other Host or Traveller (or their travel companions or home occupants) and that ultimately if you enter into an arrangement, agreement, meeting or communication with that other person, the responsibility for doing so is yours alone.
4.18 Information provided by a third party on or through the Website (including Google Maps) is facilitated by us solely for your convenience only. Your use of such information may be subject to additional terms and conditions of such third party. You agree that the responsibility for that third party information shall not be with us.
4.19 We will use our reasonable endeavours to ensure that information on our database regarding Users is updated regularly. However, you acknowledge that there may be a time delay in updating this information.
4.20 We will use our reasonable endeavours to correct any errors or omissions in the Service or Website as soon as practicable after being notified of them. However, we do not guarantee that the Service or the Website will be free of faults and we do not accept liability for any errors or omissions. In the event of a fault in the Service, you should report it by email to: support@RFT.com.
4.21 You shall ensure that all information provided to us, the Website and other Users (whether through the Website or not) is true, complete and accurate and you shall promptly inform us of any changes to such information by updating the details in the "My Host Account" or "My Travellers Account" section of the Website. You agree to make any necessary changes to information relating to your arrangements with other Users directly with those other Users. Verification
4.22 As part of the Service, we may offer the "Verification" facility. This is aimed at providing a Traveller with extra confidence in a verified Host or a Host with extra confidence in the identity a verified Traveller. Verification is optional for the particular Traveller or Host and is subject to payment of the appropriate fees in respect of the verification facility. The "unverified" status means that we can make no statement that any person's identity has been verified by anyone. The "verified" status means that at some point within a previous 12 month period, we have obtained confirmation from PayPal, our payment processor, that the payment card provider or bank has at some point carried out its own checks as to the identity of the person named on the card with which the Host or Traveller paid us for the verification status.
4.23 However, please note that:
4.23.1 Verification status is no substitute for you carrying out your own checks;
4.23.2 A Host or Traveller may be using someone else's card to pay for the verification status; and
4.23.3 Verification status means that at some point a check had been carried out, but there is no guarantee of what those checks were, when they have been conducted, whether the card provider has conducted those checks thoroughly, whether the card has since been stolen or borrowed by someone or used fraudulently by a third party or what has happened in the meantime. Star System and feedback
4.24 As part of the Service, we may give a User a star rating. This is based upon an average of the star ratings given in feedback to us by other Hosts and Travellers who have dealt with that User (and the average may be weighted in accordance with our particular methodology in order to give what we consider to be the most accurate reflection of that person's star rating). Please be aware that the User's star ratings in respect of the Website will be used whether that User was acting in the capacity of Traveller or Host.
4.25 In addition to reviewing the star ratings, we also recommend that you review the feedback provided by other Travellers and Hosts who have dealt with the User with whom you are considering entering into an arrangement, although you acknowledge that the feedback may not be a complete reflection of the views of the person giving the feedback as the feedback may have been amended in order to avoid legal liability.
4.26 Please be aware that your use of the star ratings and feedback system is entirely at your own risk and you should make your own other enquiries to satisfy yourself as to the other person you are proposing to deal with through the Website. We make no guarantee that the other Travellers or Hosts who provide feedback or star ratings in respect of a particular User:
4.26.1 were not otherwise known to the relevant other Host or Traveller before they communicated with each other as a result of using the Service; or
4.26.2 were not acting fraudulently or under duress; or
4.26.3 gave any feedback or star ratings accurately or fairly.
4.27 However, you shall ensure that you do not post or supply to us or allow or encourage or entice others to post or supply to us (directly or indirectly) any star ratings or feedback to us or to the Website that is:
4.27.1 in respect of someone you already knew before making communication with that person as a result of using the Service; or
4.27.2 in a situation where you or that other User acted fraudulently or under duress; or
4.27.3 inaccurate or unfair.
4.28 You must not use the feedback or star system to artificially boost your ratings or feedback, including in the form of a barter system for mutually agreeing to enhance another User's reputation.
4.29 You must also not use the star ratings or feedback system for extortion, blackmail or bribery or to achieve another purpose other than purely the provision of fair and accurate feedback of the other User for use and access by other Users.
4.30 You shall not impose any conditions on any User that restricts their ability to freely give feedback about you. Cost a Room
4.31 We may suggest a price for a room using our algorithm. This price is only an indication using our algorithm with our own criteria and is intended to offer a suggested price you may obtain for a room. However, the actual price that you may be able to obtain may differ in the circumstances according to a whole range of factors and we shall not have any liability to you if you are unable to let the room out at the price suggested by us or the Website or if you would have been able to let the room out at a higher price than was suggested by us or the Website. Although we provide a suggested price based on our algorithm the actual market rate may differ in the circumstances and you may also disagree with our suggestion for a variety of reasons, not least because our tool cannot envisage every possible factor in the circumstances that may affect the price or the particular emphasis given by all people in the market to them. Purely by way of example, the price may differ according to time of week, state of the home/room, suitability of the User match and so on. You are always free to totally disregard our own suggested price for a room. User Content
4.32 As between you and us, you shall retain ownership of any data, pictures, photographs and other materials you submit to us or the Website (including for your profile, your endorsements to us, your feedback on other Users and your comments on a discussion forum). You waive your moral rights in such material and grant us a royalty-free, perpetual, irrevocable, assignable, sub-licensable, worldwide, non-exclusive right and licence to use, copy, modify, edit, adapt, translate, publish and distribute (in our absolute discretion) any such material transmitted by you to us or the Website for any purpose whatsoever (including for display on the Website and for marketing and promoting the Service), save to the extent that any such material consists of a message transmitted in such a way as it is clearly intended to be of private correspondence between you and another User (in which event such material shall not be available for reading by Users generally but only by the User to whose user name you send it). You hereby warrant that:
4.32.1 you have sufficient rights or licence in order to be able to send any such material to us or to the Website or to any User, and for us and the Website and other Users to use the material in any ways intended to be used (as described in this User Agreement); and
4.32.2 in submitting any such material to us or to the Website or to any third party, you shall not in any way breach or infringe Clause 4.47.
4.33 We shall not monitor or pre-screen any comments or material made or submitted by any person on any forum or in any feedback form available on the Website, but we reserve the right in our absolute discretion to block access to, omit, remove, suspend or edit any material, information or data that you or any User transmits, posts or sends to us or the Website (temporarily or permanently), in whole or in part, which in our reasonable opinion may give rise to a breach of this Clause 4 or to any liability for us or any third party.
4.34 The views and comments on contributions to the Website are those of the authors and do not reflect the views of us or any of our officers or employees. We shall not be responsible for any material, information or data submitted or supplied by you or other Users.
4.35 It is your responsibility to monitor any comments about you. If you are concerned that you have seen any comments which may infringe these Terms and Conditions, it is your responsibility to report them to us, although we do not guarantee that we will remove or edit those comments.
4.36 All comments, suggestions, ideas, notes, drawings, concepts or other information disclosed or offered to us by you or in response to solicitations by us regarding the Service or the Website (each being “Ideas”) shall be deemed and shall remain our property. You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.
4.37 If the Website and the Service is accessed by you from outside the United Kingdom, this is entirely at your risk. We make no representation that the Service (or any goods or services referred to in the Website) are available or otherwise suitable for use outside of the United Kingdom. If you choose to access or use the Website or Service (including acting as Host or Traveller) from or in locations outside the United Kingdom, you do so on your own initiative and are responsible for:
4.37.1 ensuring that what you are doing in that country is legal; and
4.37.2 the consequences and compliance by you with all applicable laws, regulations, byelaws, codes of practice, licences, registrations, permits and authorisations (including any laws that relate to businesses providing services).
4.38 If you are a Host, it is your responsibility to ensure that your home insurance covers you for your proposed activity in hosting Travellers and that any insurance policy is not invalidated or otherwise adversely affected by you choosing to act as a Host.
4.39 We do not warrant that your use of the Service or the Website will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Service or the Website will be transmitted accurately, reliably, in a timely manner or at all.
4.40 We do not give any warranty that the Service or the Website is free from viruses or anything else which may have a harmful effect on any technology.
4.41 Also, although we will try to allow uninterrupted access and minimise any downtime to the Service and the Website, access to the Service and the Website may be suspended, restricted or terminated at any time for any reason (including for necessary maintenance or introduction of new functionality or content).
4.42 We reserve the right to change, modify, substitute, suspend or remove without notice any information or service on the Website or forming part of the Service from time to time without notice to you. Your access to the Website and/or the Service may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can.
4.43 You agree to comply at all times with any instructions for use of the Service in this User Agreement or which we display on the Website from time to time.
4.44 Nothing on the Website shall constitute advice specific to your circumstances or a recommendation.
4.45 We assume no responsibility for the content or services of any other websites or services to or from which the Website or the Service has links. The links are provided "as is" with no warranty, express or implied, for the information provided within those sites.
4.46 No one is entitled to frame any of the Website onto another website without our prior written consent (which may be withheld in our absolute discretion).
4.47 We hereby grant to you a revocable, non-exclusive, royalty-free right to provide a link from your website to the home page of the Website, provided that you do so in a fair and legal way without damaging our reputation or taking advantage of it. In particular:
4.47.1 you shall not make any warranties or representations about us, our Service, our data, our software or our policies except with our prior express authorisation;
4.47.2 you shall not say anything that is false, misleading, derogatory or offensive about us or the content of the Website, our Service, our data, our software or our policies; and
4.47.3 you shall not suggest expressly or implicitly that we have endorsed or approved your site or are associated with it where this is not the case.
4.48 The following uses of the Service (and Website) are expressly prohibited and you undertake not to do (or to permit or encourage or entice or induce anyone else to do), directly or indirectly, any of the following:
4.48.1 send or receive any material which is grossly offensive, harassing, threatening, malicious, abusive, of an indecent, obscene, pornographic or menacing character, vulgar, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, or which may infringe any intellectual property rights (including copyright), rights of personality, publicity or privacy or any third party rights of any nature;
4.48.2 send or post any material or do anything that unfairly takes advantage of or exploits anyone under the age of 18 or anyone who is not in a fit and proper state to be able to look after their own best interests;
4.48.3 send or post any inaccurate or incomplete or misleading data or material (including sending any feedback about another User which is not fair or accurate);
4.48.4 cause annoyance, inconvenience or needless anxiety;
4.48.5 intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
4.48.6 use the Website or Service for a purpose other than which we have designed them or intended them to be used;
4.48.7 use the Website or Service in any way which breaches any laws, regulations, byelaws, codes of practice, licences, registrations, permits or authorisations;
4.48.8 use the Website or Service for any fraudulent, criminal or unlawful purpose or for inciting, encouraging or enticing any fraudulent, criminal or unlawful purpose (including using a payment card which is not yours to use);
4.48.9 impersonate any other person or body or misrepresent a relationship (or a lack of a relationship or a different relationship) with any person or body;
4.48.10 do any act or omission that may undermine the ratings and feedback system or use them in any way that is not related to the Service;
4.48.11 do anything other than in conformance with accepted Internet practices and practices of any connected networks;
4.48.12 act in a racist, sexist or discriminatory way;
4.48.13 do anything in any way which may incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity;
4.48.14 do anything in a way that we consider may be contrary to our interests;
4.48.15 resell the Service (or Website) without our prior written consent;
4.48.16 furnish false data including false names, addresses and contact details and fraudulent use of payment card numbers;
4.48.17 attempt to circumvent our security or network including accessing data not intended for you, log into a server or account you are not expressly authorised to access, or probe the security of other networks (such as running a port scan);
4.48.18 use, deliver or transmit any viruses, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
4.48.19 access the Service (or Website) in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure;
4.48.20 interfere or attempt to interfere with the proper working of the Website or Service;
4.48.21 (except with our express prior consent) use the Website for any advertising, except to the extent desirable for the proper purpose of trying to find a Traveller or a Host as envisaged for your proper use of the Service;
4.48.22 execute any form of network monitoring which will intercept data not intended for you;
4.48.23 harvest or otherwise collect any information or data about Users without their express consent;
4.48.24 send unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, you may not send that person any further e-mail;
4.48.25 create or forward "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings;
4.48.26 send malicious e-mail, including flooding a user or site with very large or numerous e-mails;
4.48.27 harass or abuse or stalk any person;
4.48.28 enter into fraudulent agreements or arrangements with other Users (which shall include pretending to be a third party, or to have no relationship with another User when one exists); or
4.48.29 make unauthorised use, or forging, of mail header information.
4.49 The Service and use of the Website do not include the provision of a computer or other necessary equipment to access the Website. To use the Website you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur.
4.50 We do not warrant that the Website will be compatible with all hardware and software which you may use. Although we may put in place security measures for your protection, we shall not be liable for damage to, or viruses or other code that may affect, any computer equipment, software, data or other property as a result of your access to or use of the Website or your obtaining any material from, or as a result of using, the Website. We shall also not be liable for the actions of third parties in breaching any security measures.
4.51 We (or our licensors) grant you a non-exclusive, revocable, non-transferable licence to use the Software through the Website for the purpose of using the Service. Using the Service and our Software allows you to obtain information held on our Website or from the websites of third party providers. When you use the Service, you may cause our Software to send a request to the third party providers for information regarding goods and/or services. You acknowledge and agree that when you access and collect information from the third party sites using our Software, you do so on your own behalf and that you have not appointed us to act as your agent. We simply make our Service and Software available to you by which you may access such third party sites.
4.52 You agree to inform us as soon as you suspect that any User is in breach of any of this User Agreement. Following receipt of your information, we may investigate and decide what, if any, action to take in our absolute discretion. We shall not enter into discussion as to our decision or the results of our investigation.
4.53 You must not misuse the complaints facility or falsely report any breach of this User Agreement.
4.54 As a consumer, nothing in this User Agreement affects your non-excludable statutory rights.
5. PAYMENT
5.1 Please note that you will always be clearly informed of any applicable charges before any such services can be selected or before any charges are levied. Payment of any charges is done through PayPal. We do not retain any details of your payment cards.
5.2 When you first make a payment through the Website, you may choose from one of the available currencies in which you shall pay for any Service fees to us and for having any Service credits (for acting as Host). Once you have chosen your currency, you shall not be permitted to change the currency of your payment or Service credits without our prior written consent.
5.3 You must have the authority to use any payment card or account used to pay us or another User, and you must not use any stolen cards or materials. The card must have sufficient funds to cover the proposed payment to us.
5.4 Unless otherwise stated on the Website, all prices due to us are inclusive of value added tax (if applicable), but exclusive of all other taxes and duties and charges which you shall pay in addition at the same time as payment of other sums due.
5.5 Payment of all sums due to us shall be made by you in full without any set-off, deduction or withholding whatsoever.
5.6 The payments currently required by you to us are as follows:
5.6.1 The verification fee is optional and only applies if you choose to pay for having verification status. In return for having verification status for 12 months from the date of payment for the verification status, you must pay to us £5 (or the equivalent charge in an alternative currency available on the Website from time to time). If you seek to have verification status, the payment card you use to pay for the verification fee must be your own, current, valid, not stolen or lost or used by any third party, and you must be the card holder authorised by the card issuer and fully entitled to continue to use that card, with the name on the card being identical to the name that you submit to the Website when you registered for the Service.
5.6.2 At the end of a 12 month period, your verification status will NOT automatically be renewed. Although we may send an email to you to remind you that it is time to renew, it is your responsibility to renew the verification status with us and to remember to do so. If you choose to renew your verification status, you must pay our then current charges for the verification fee. Until you renew your verification status, your status will be unverified.
5.6.3 At any time during any 12 month period during which you have verification status, we may withdraw your verification status if we discover any reason why the criteria for you having verification status no longer apply (for example, without limitation, we discover that the payment card has been stolen).
Booking Fee
5.6.4 As soon as a User has accepted another User's booking request and a diary entry is entered into the Host's Website diary, the Host will be permanently deducted a booking fee (currently the equivalent of a £1 credit (or the equivalent in an alternative currency available on the Website from time to time), although the exact amount depends on the latest booking fee displayed on the Website at the time the acceptance of the booking request takes place). The booking fee will be deducted from the User's Website credit account permanently and (except where the Website has made a mistake) it will not be added back for any reason, including:
5.6.4.1 if the booking is later cancelled; or
5.6.4.2 the Traveller or Host does not appear for the stay; or
5.6.4.3 the Traveller or Host is otherwise in breach of any agreement between the Host and the Traveller; or
5.6.4.4 either the Traveller or Host is no longer registered as a User between the time that the booking is made and the time of the proposed completion of the stay. However, we may make refunds beyond the User's rights in this Clause 5.6.4 in our absolute discretion.
5.7 The Host is responsible for ensuring that he has enough credits in his account at any one time in order to enable any booking to go through. If the Host does not have enough credits in his account, then the booking will not be entered into the Host's and Traveller's calendars and we will inform the Host and the Traveller of this.
5.8 Once any money has been used to create a credit in your credit account, that money shall be non-refundable (except to the extent provided to the contrary in these Terms and Conditions).
5.9 Any credits that we transfer to you upon you registering as a Host (or otherwise) shall be:
5.9.1 at our absolute discretion; and
5.9.2 shall not be exchangeable for any money, but may only be used for deducting from the Host's credit account when the Host and a Traveller have agreed to a booking for the Traveller to stay at the Host's premises.
Payments between Hosts and Travellers
5.10 You are responsible for transmitting all payments due to other Users on the terms agreed with those other Users and we shall have no responsibility for or involvement with transmission of payments between Users.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 All intellectual property rights of any nature anywhere in the world (including all copyright, patents, trade marks, service marks, trade names, designs (including the "look and feel" and other visual or non-literal elements) whether registered or unregistered) in the Website and Service, information and content and material on or accessible from the Website, any database operated by us, Software and all the Website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and Software (including applets and scripts) shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights not expressly granted by us are reserved.
6.2 None of the material described in Clause 6.1 may be reproduced or redistributed without our prior written permission. You may, however, retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices in any electronic or hard copy of the material or the Website. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without our permission.
6.3 No part of the Website or the material described in Clause 6.1 may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission or as provided by law.
6.4 If you quote from the Website, you must do so fairly and give due accreditation to the author and us and reference to the Website.
6.5 Except to the extent that we expressly permit, you must not modify any material described in Clause 6.1.
6.6 All rights (including goodwill) in the RFT, RoomFT and RoomFT.com names and logos are owned by us (or our licensors). Other product and company names mentioned on the Website are the trade marks or registered trade marks of their respective owners.
7. TERM, SUSPENSION AND TERMINATION
7.1 This User Agreement shall commence on the date on which you agree to this User Agreement when submitting your details to become a User. The Service will commence as soon as you have become a User and followed the instructions in the first email that we send to you as a User. Accordingly, you will not have a cooling off period under the Consumer Protection (Distance Selling) Regulations 2000 (or any other similar law) in which to cancel this User Agreement and ask for a refund of any fees paid, once you have followed the instructions on the initial email that we send to you as the Service will start at that point.
7.2 Each of you and we shall be entitled immediately or at any time (in whole or in part), without liability to the other, to: i) suspend the Service and/or Website (in whole or in part); ii) suspend your use of the Service and/or Website (in whole or in part); iii) suspend the use of the Service and/or Website (in whole or in part) for persons we believe to be connected (in whatever manner) to you; and/or iv) terminate this User Agreement immediately; if:
7.2.1 your User account remains unused in any period of two years (which means that you do not access the Website through your password during that time);
7.2.2 the other commits any material breach of these Terms and Conditions;
7.2.3 you or we suspect, on reasonable grounds, that the other has, might or will commit a material breach of these Terms and Conditions; or
7.2.4 you or we suspect, on reasonable grounds, that the other may have committed or be committing any fraud against the other or against any other person.
7.3 If we suspend or terminate your use of the Service and/or Website (in whole or in part) under Clause 7.2 (other than under Clause 7.2.1), you shall not attempt to use or access the Service and/or the Website directly or indirectly under any other name or user.
7.4 If we suspend the Service or Website (in whole or in part), we may refuse to restore the Service or Website until we receive an assurance from you, in a form we deem acceptable that there will be no further breach of the provisions of this User Agreement.
7.5 Either you or we may terminate this User Agreement immediately by notice to the other without cause. If we terminate this User Agreement under this Clause 7.5, then provided you have not been in any breach of this User Agreement, we will return any money paid by you for the credits in your booking fee account which have not yet been deducted as at time of termination, but (for the avoidance of doubt) we shall not give you any money in lieu of any credits which we have added gratuitously to you. In all other cases, any other fees paid by you shall be non-refundable.
7.6 Each of your and our rights to terminate this User Agreement shall not prejudice any other right or remedy you or we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
8. INDEMNITY
8.1 You shall fully and promptly indemnify and keep indemnified us against all liabilities, losses, damages, injuries, costs, expenses, fines, demands, claims and proceedings suffered or incurred by us arising (directly or indirectly) out of:
8.1.1 any claims or legal proceedings arising from your use of the Service or Website or use of the Service or Website through your password, which are brought or threatened against us by any person;
or
8.1.2 any breach of this User Agreement by you.
9. LIMITATION OF LIABILITY
9.1 This Clause 9 prevails over all other Clauses and sets forth our entire Liability, and your sole and exclusive remedies in respect of:
9.1.1 the performance, non-performance, purported performance or delay in performance of this User Agreement or the Service or Website (or any part of it or them); or
9.1.2 otherwise in relation to this User Agreement or the entering into or performance of this User Agreement.
9.2 Nothing in this User Agreement shall exclude or limit our Liability for (i) the tort of deceit; (ii) death or personal injury caused by our Breach of Duty; (iii) any breach of the obligations implied by s.12 Sale of Goods Act 1979 or s.2 Supply of Goods and Services Act 1982; or (iv) any other Liability which cannot be excluded or limited by applicable law.
9.3 In performing any obligation under this User Agreement, our only duty is to exercise reasonable care and skill.
9.4 We do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Service or Website; and we exclude all liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature.
9.5 Save as provided in Clause 9.2 but subject to Clause 9.6, we do not accept and hereby exclude any Liability for loss of or damage to your (or any person’s) tangible property other than that caused by our
Breach of Duty.
9.6 Save as provided in Clause 9.2 but subject to Clauses 9.5 and 9.8, our Liability for loss of or damage to your (or another person’s) tangible property caused by us, our employees, subcontractors or agents acting within the course of their employment during the performance of this User Agreement, shall not exceed £10. Neither corruption of data nor loss of data shall constitute physical damage to property for the purposes of this Clause 9.6.
9.7 Save as provided in Clauses 9.2 and 9.5, we do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the terms of this User Agreement.
9.8 Save as provided in Clause 9.2, we shall have no Liability for:
9.8.1 loss of revenue;
9.8.2 loss of actual or anticipated profits;
9.8.3 loss of contracts;
9.8.4 loss of the use of money;
9.8.5 loss of anticipated savings;
9.8.6 loss of business;
9.8.7 loss of operation time;
9.8.8 loss of opportunity;
9.8.9 loss of goodwill;
9.8.10 loss of reputation;
9.8.11 loss of, damage to or corruption of data; or
9.8.12 any indirect or consequential loss;
9.9 Save as provided in Clause 9.2, our total Liability to you or any third party shall in no circumstances exceed, in aggregate, a sum equal to the greater of: a) £250; or b) 110% of any aggregate amount paid by you to us in the 12 months preceding any cause of action arising.
9.10 The limitation of Liability under Clause 9.9 has effect in relation both to any Liability expressly provided for under this User Agreement and to any Liability arising by reason of the invalidity or unenforceability of any term of this User Agreement.
9.11 In this Clause 9:
9.11.1 “Liability” means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with this User Agreement, including, without limitation, liability expressly provided for under this User Agreement or arising by reason of the invalidity or unenforceability of any term of this User Agreement (and for the purposes of this definition, all references to “this User Agreement” shall be deemed to include any collateral contract); and
9.11.2 “Breach of Duty” means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty).
10. DATA PROTECTION
10.1 Please see our Privacy Policy which forms part of this User Agreement.
10.2 You must have the express consent of any third party (including any other occupants of your home and any of your travel companions) in order for you to disclose or post details about that other third party to us or to the Website and you will be responsible for ensuring that such third party has agreed to this User Agreement before you send any data about them to us or the Website.
10.3 We may amend or remove data relating to any living individual if they ask us to do so, even if that person is apparently represented by you.
11. GENERAL
11.1 No partnership/agency: Nothing in this User Agreement shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
11.2 No other terms: Except as expressly stated in this User Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
11.3 Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under this User Agreement without our prior written consent (which consent we may grant or withhold in our absolute discretion). We shall have the right to assign or otherwise delegate all or any of our rights or obligations under this User Agreement to any person.
11.4 Force majeure: Neither party shall be liable for any breach, hindrance or delay in performance of its obligations under this User Agreement which is caused by an Event of Force Majeure, regardless of whether the circumstances in question could have been foreseen. An "Event of Force Majeure" means any cause outside of the party's reasonable control, including Acts of God, actions or demands or requirements of third parties (including hackers, suppliers, governments or supra-national authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, enemy action, national emergencies, act of terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, earthquake, natural disaster, natural catastrophe, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including general: electrical, telecoms or Internet failure), unavailability or shortage of or inability to obtain materials, equipment or transportation;
11.5 Entire Agreement: This User Agreement (and our Privacy Policy and any other document referred to in this User Agreement) contains all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior User Agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to this User Agreement except as expressly stated in this User Agreement. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into this User Agreement (unless such untrue statement was made fraudulently or was as to a matter fundamental to a party’s ability to perform this User Agreement) and that party’s only remedies shall be for breach of contract as provided in this User Agreement. However, the Service is provided to you under our operating rules, policies, and procedures as published from time to time on the Website.
11.6 No waiver: No waiver by us of any default of yours under this User Agreement shall operate or be construed as a waiver by us of any future defaults, whether or a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under this User Agreement.
11.7 Severability: If any provision of this User Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this User Agreement shall not be affected.
11.8 Notices: Unless otherwise stated within this User Agreement, notices to be given to either party shall be in writing and shall be delivered by hand or prepaid overnight courier mail or by fax, which shall be sent to you at the address supplied to us or the Website or to us at our address as specified on the Website. Notices shall be deemed received when delivered (and in the case of fax, this shall be upon receipt of an answerback message to the sender's machine).
11.9 No third party rights: Unless expressly provided in this User Agreement, no term of this User Agreement is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
11.10 Survival: The provisions of Clauses 1, 2, 5, 6, 7, 8, 9, 10 and 11, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of this User Agreement.
11.11 Governing law: This User Agreement shall be governed by and construed in accordance with English law and the User hereby submits to the jurisdiction of the English courts. The parties irrevocably agree that the English courts shall have exclusive jurisdiction over any claim or matter brought by the User in relation |
||
