Top Language Flatshare

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TOTALLY PLC - Top Language Flatshare

TERMS AND CONDITIONS

BEFORE USING THIS SITE PLEASE READ CAREFULLY THE FOLLOWING CONDITIONS, WHICH ARE CONTRACTUALLY BINDING ON YOU

In the context of this Code, "we", “us” or “our” as the context permits means Totally Plc, Company Number 3870101 whose registered office is Unit 611 Highgate Studios, 53-79 Highgate Road, London NW5 1TL and its subsidiaries (“Totally”).

This Code governs the case of the web site operated by Totally in conjunction with its partners at www.toplanguageflatshare.co.uk ("Top Language Flatshare"). This service is offered to you subject to your agreement to the conditions in this Code as set out below. By using Top Language Flatshare in any way, you agree to be bound by the conditions of this Code.

2. REGISTERED USERS

2.1 You must be over 18 years old to join Top Language Flatshare. By applying to become a member of Top Language Flatshare you warrant that you are at least 18 years old and have the right, capacity and authority to abide by the obligations of this Code.

2.2 You may register with Top Language Flatshare for free provided that you comply with the terms and conditions of this Code and enter your correct and complete contact details.

2.3 Any and all information you supply to Top Language Flatshare must be honest, truthful and to the best of your knowledge and belief correct. Any image you supply purporting to depict you or your property must be a photograph of you or the property which is the subject of your advertisement.

2.4 Registered users of Top Language Flatshare (“Registered Users”) may publicly post advertisements on Top Language Flatshare for rooms available to let or for flatmates wanted in the form proscribed on Top Language Flatshare (“Advertisements”). Registered Users are also entitled to further services, such as email alerts, as described on the Top Language Flatshare website. However, Registered Users who are not subscribers to Top Language Flatshare (“Subscribers”) may not respond to Advertisements placed by persons who are not themselves Subscribers.

2.5 Initial contact between Registered Users (whether or not they are Subscribers”) may only occur via a message sent through the Top Language Flatshare in the manner set out on Top Language Flatshare. It is up to recipient of the message to decide whether or not to respond. No representation is made as to the number or frequency of responses that you will receive to your message(s) as such responses are entirely at the discretion of the recipient(s). Please note that Top Language Flatshare will not supply you with direct contact details for any Registered User unless this information is displayed on the site with the Registered users permission.

3. SUBSCRIBERS

3.1 Subscribing to Top Language Flatshare will enable you, for the specified period of your subscription (beginning when payment is received by us and your is account enabled), to contact all Registered Users who have placed Advertisements. Registered Users who are not Subscribers may respond to Advertisements placed on Top Language Flatshare by Subscribers without charge.

3.2 Subscribers may choose from two levels of service; “Premium or “Ultra”. In addition to being able to contact others and be contacted as described above, Subscribers choosing the Premium service (“Premium Subscribers”) are entitled to place bigger and bolder Advertisements than offered to non-Subscriber Registered Users. Subscribers choosing the Ultra Service (“Ultra Subscribers”) are entitled to all of the benefits available to Premium Subscribers and are additional able to have multiple (up to a maximum of ten) Advertisements appearing on Top Language Flatshare at any one time. Further Ultra Subscribers benefit from longer periods of membership (before a renewal payment is required) than applicable to Premium Subscribers.

3.3 To become a subscriber to Top Language Flatshare you must pay the requisite weekly, monthly or annual subscription fee as notified to you by us and applicable to your subscription level. These fees form part of our agreement with you and time is of the essence in their payment. Acceptable payment methods are only those methods set out on Top Language Flatshare.

3.4 Subscription fees are payable in advance and we reserve the right to change the subscription fees or the basis upon which we charge at any time by altering the prices displayed on the Top Language Flatshare website. If the changes will apply to your current subscription we will notify you by email of the same.

3.5 Estate agents or landlords are not permitted to be Premium Subscribers but may be Ultra Subscribers. If you are acting as an estate agent you must tell us that this is the case and your Advertisements may be marked to indicate that they have been placed by an estate agent.

3.6 Please note that registrations and subscriptions to Top Language Flatshare are for personal use only and are non-transferable. Save in the case of Ultra Subscribers, your use of Top Language Flatshare must be entirely non-commercial.

3.7 You may not authorise another person to impersonate you or login in using your login name and password. Subscription fees are non-refundable save in the limited circumstances described in clause 6 below.

3.8 To ensure that our members are only provided the best possible experience we reserve the right to remove any registration profile from Top Language Flatshare without liability if it is inactive for more than 6 months. Further Advertisements will expire or be deleted and will not appear on Top Language Flatshare for others to see in accordance with clause 4 below.

4. DURATION AND RANKING OF ADVERTISEMENTS

4.1 Advertisements will remain visible to users of Top Language Flatshare until such time as they are withdrawn from the public areas Top Language Flatshare in accordance with clause 4.2 below (“Expiry”). Advertisements that have Expired will remain accessible to Registered Users in their profile for an additional 60 days following Expiry.

4.2 Advertisements offering property to let (“Offers”) will Expire 30 days after their creation or subsequent renewal.

4.3 Advertisements for flatmates or properties wanted (“Wants”) will Expire 90 days after their creation or subsequent renewal.

4.4 Only Ultra Subscribers may have more than one un-Expired Offer or more than one un-Expired Want on Top Language Flatshare at any one time. Ultra Subscribers may have any combination of Offers and Wants up to a total of ten un-Expired Advertisements.

4.5 All Advertisements placed by Subscribers shall be deemed “Priority” Advertisements (un-Expired Advertisements placed prior to subscribing will also be upgraded to Priority status).

4.6 Priority Advertisements which are under seven days old will appear in searches conducted in Top Language Flatshare above non-Priority Advertisements of similar specification regardless of when they were created.

4.7 Priority Advertisements which are more than seven days old will appear in searches conducted in Top Language Flatshare above non-Priority Advertisements of similar specification which were created on the same day.

5. INTELLECTUAL PROPERTY

5.1 GENERAL

5.1.1 All of the content available on Top Language Flatshare, including the text, graphics, photographs, pictures, sounds, data, images, audio and video clips if available (hereafter ‘the Content’) is protected by copyright or other applicable intellectual property law.

5.1.2 You may only use the Content for your information, and/or as a source of data collection. You may only reproduce extracts selected from the Content where indicated and then you may only reproduce Content in connection with your personal non-commercial activities subject the rights of the Content owner. Any other form of use, including in particular reproduction, translation, alteration, modification, distribution, transmission, re-publication, display, broadcast or public representation of the Content, is strictly forbidden.

5.2 TRADE MARKS

5.2.1 The Top Language Flatshare name and logo, and any other graphics, logos and trade marks, (whether registered or unregistered) used on this site by Totally or any of its commercial partners, are protected by law. Our Trade Names must not be used in association with the products or services of a third party or in a manner which could, either directly or indirectly, discredit us, Top Language Flatshare or a third party. All other trade marks and trade names (including names of products belonging to third parties) remain the intellectual property of their respective owners.

5.3 ADVERTISEMENTS AND OTHER POSTS

5.4 Any information that you post in Advertisements, send to message areas and discussion groups on Top Language Flatshare, send to other Registered Users or otherwise submit to Top Language Flatshare (“Post”) may be available to all users and you therefore warrant that such communications shall not be defamatory, offensive, indecent nor infringe the rights of any third party.

5.5 You hereby grant us a non-exclusive, free licence for use of your Posts to Totally for the full duration of copyright and any extensions and renewals thereof to reproduce, modify, translate, distribute, transmit, adapt, and make available all or part of such communications or submissions including without limitation any text, image or sound files (“Materials”) you submit to Top Language Flatshare.

5.6 You warrant that all rights in and to any Materials you submit to Top Language Flatshare shall be owned by you and you waive any moral right to be identified as the author of such Materials.

5.7 You warrant that you have the right to let or to take on flatmates in respect of any property forming the subject of Offers submitted by you.

5.8 You warrant that all details, descriptions, statements and Material contained in your Posts are true and accurate and are not misleading in any way.

6. CODE OF CONDUCT FOR USERS OF Top Language Flatshare

We reserve the right to terminate your membership of Top Language Flatshare if we are satisfied that you have behaved in a manner which is unlawful, in breach of this Code or otherwise inappropriate for Top Language Flatshare. In particular, but without limitation, you must not:

6.1 Pretend to be anyone that you are not including without limitation an agent or an employee of Top Language Flatshare, Totally or represent or imply that your views or statements are ours or our partners;

6.2 Use any method that could hinder use of Top Language Flatshare by any person;

6.3 Divulge your password to any third party or attempt to obtain anyone else’s password;

6.4 Attempt to obtain personal information from any member of Top Language Flatshare for any commercial or unlawful purpose.

6.5 Use the site to threaten, harass, pursue, abuse or to in any way undermine the rights or the rights of or any person or cause offence to any group of persons;

6.6 Act in an abusive, offensive or threatening manner towards any representative of Top Language Flatshare;

6.7 Intercept or attempt to intercept email or any other private communication that is not meant for you or misrepresent or hide the origin of a Post from you;

6.8 Send email to or otherwise communicate with other users of Top Language Flatshare for any purpose other than legitimate non-commercial communication (save in the case of Ultra Subscribers for the business of letting property), and in particular, use Top Language Flatshare to enable mass distribution of unsolicited emails whether for marketing purposes or otherwise;

6.9 Distribute or Post any indecent, obscene, illegal, false, profane, sexually explicit, misleading or pornographic content (including without limitation nude, semi nude or otherwise indecent photographs of yourself or others) or content which infringes the copyright, trade marks, moral rights, design rights, database rights or other intellectual property right of any third party;

6.10 Conduct commercial advertising on or through Top Language Flatshare (save in the case of Ultra Subscribers for the business of letting property and then only by way of Advertisements);

6.11 Continue to send communications to any Registered User of Top Language Flatshare after he or she has asked you to refrain from doing so;

6.12 Use any robot, data miner or other automated means to Post to Top Language Flatshare or extract data from Top Language Flatshare;

6.13 Post to publicly available areas of Top Language Flatshare your telephone number, email address or other information which would enable a reader to contact you other than by the procedure outlined in clause 2 above;

6.14 Modify, adapt, sub licence, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of Top Language Flatshare website or service or any software used on or for the Top Language Flatshare website or cause or enable others to do so.

7. TERM AND TERMINATION

7.1 You are bound by the full terms of this Code while you make use of Top Language Flatshare or are a Registered User or Subscriber. You may terminate your membership at any time, for any reason, by following the instructions on the Top Language Flatshare website. We may terminate your membership of Top Language Flatshare by removing your profile and Advertisements from Top Language Flatshare, at any time, for any reason upon sending you an email to inform you that your profile has been removed. If we terminate your subscription without cause, we shall refund, pro rata, any unused portion of any subscription fees that we have received from you.

7.2 Subject to clause 7.3 below, if you terminate your subscription to or registration with Top Language Flatshare or if we determine, in our sole discretion, that you have breached this Code as outlined in clause 6 above you shall not be entitled to nor shall we be liable to you for any refund of any unused portion of any subscription fees you have paid.

7.3 Any Subscriber who is acting as a consumer (i.e. not a landlord or an estate agent) may cancel his or her subscription or subscription renewal within seven days of the day after the day the subscription (or subscription renewal) was taken out. However where we have begun to provide services (such as by making an Advertisement placed by the Subscriber available on Top Language Flatshare) the Subscriber’s right to cancel is lost in accordance with the terms of the Consumer Protection (Distance Selling) Regulations 2000.

7.4 On termination of your subscription to or registration with Top Language Flatshare for any reason, clauses 9 (indemnity) and 10 (limitation of liability) shall continue to apply.

7.5 Please be aware that as a consequence of our continuing endeavours to provide you with the best service, the features and services offered by Top Language Flatshare are subject to change at any time and we do not warrant that any feature of Top Language Flatshare will be available for the entire duration of your registration or subscription. The discontinuance, alteration or addition of any feature or aspect of Top Language Flatshare will not entitle you to claim a refund of any subscription fees paid.

8. DATA PROTECTION

8.1 Given the global nature of the World Wide Web, any information you choose to Post to publicly available areas of Top Language Flatshare (whether during our registration process or otherwise) becomes available to users worldwide. Any personal data supplied by you to us will be held in accordance with our Privacy Policy which forms a part of this code. Please click here to view the Top Language Flatshare Privacy Policy.

9. INDEMNITY

9.1 You hereby indemnify us and shall keep us indemnified against any and all costs, expenses, loss and damage resulting from any breach or alleged breach of your warranties and obligations under this Code or your failure to comply with this Code generally.

10. LIMITATION OF LIABILITY

10.1 NO MONITORING

10.1.1 Your participation in on-line communications (including your Posts) is not censored or monitored in any way by us. We have no intention to routinely monitor all the information that you send to Top Language Flatshare. However, we reserve the right to check this information from time to time, and to withdraw anything that, in our sole opinion, is harmful, shocking, illegal or generally contrary to the conditions of this Code or the spirit or purpose of Top Language Flatshare.

10.1.2 If you encounter anything on Top Language Flatshare which you find offensive or otherwise contrary to this Code, please rectify us immediately by emailing info@toplanguageflatshare.co.uk. Please remember that we may not know about the problem unless and until you tell us about it.

10.2 INTERRUPTIONS TO SERVICE

10.2.1 From time to time it may be necessary for us to suspend service of Top Language Flatshare. We will use our reasonable endeavours to warn users of Top Language Flatshare of such interruptions. However, there may be occasions where technical difficulties lead to a suspension of service without warning.

10.2.2 We shall have no responsibility or liability to you for the deletion, corruption or failure to store any content of any of your Advertisements or Posts.

10.2.3 We accept no responsibility for any errors, omissions, delays, or losses including loss of data during or as a result of interruptions to the service.

10.3 VIRUSES

10.3.1 Whilst all reasonable efforts have been made to ensure that material available for download from Top Language Flatshare is free from viruses, worms or other malicious or disruptive code, we cannot guarantee that such is the case and we accept no liability for damage caused or data lost.

10.4 HYPERTEXT LINKS TO OTHER SITES

10.4.1 We cannot be held responsible for the content of sites which can be accessed from hypertext links or banners on Top Language Flatshare. It is not possible for us to check the content of external web sites and therefore we cannot be held liable for any incorrect, libellous, untrue, obscene, or otherwise harmful content on any external web sites or the inadequacy of a third party’s privacy policy. If you follow a link from Top Language Flatshare to an external web site, you do so entirely at your own risk.

10.5 INFORMATION ON THE SITE

10.5.1 We do not in any way guarantee the accuracy or completeness of information on Top Language Flatshare, nor can we accept responsibility for errors or omissions. In particular but without limitation to the generality of the above, Content provided by members or other third parties does not necessarily reflect our views and may not be accurate. Sole responsibility for such Content lies with its authors and we do not endorse or recommend any Registered User or any property or person forming the subject of any Advertisement.

10.5.2 You acknowledge that no checks are made by us into the suitability of any property forming the subject of any Advertisement or the accuracy of any description, details or statement regarding the same. You should undertake your own checks and form your own opinion of any property or person (with the help of third party experts as appropriate) before entering into any agreement.

10.5.3 You acknowledge that Registered Users of Top Language Flatshare are not screened by us and no background checks are undertaken. Registered Users of Top Language Flatshare are asked to abide by this Code but we cannot be held responsible for any person’s breach of the Code, reliability, creditworthiness, ability to pay rent or for his or her behaviour generally. If you decide to meet a Registered User of Top Language Flatshare offline you do so at your own risk. We recommend you follow standard safety guidelines.

10.6 GENERAL EXCLUSIONS

10.7 WE MAKE NO WARRANTY EITHER EXPRESSED OR IMPLIED OF SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR COMPATIBILITY. ALL WARRANTIES WHETHER EXPRESSED OR IMPLIED ARE EXCLUDED TO THE FULLEST EXTENT PERMISSIBLE BY LAW. YOUR STATUTORY RIGHTS AS A CONSUMER ARE UNAFFECTED.

10.8 WE SHALL NOT BE LIABLE TO YOU FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, DATA, GOODWILL, SAVINGS, OPPORTUNITY OR BUSINESS OR LOSS OR DAMAGE SUFFERED AS A RESULT OF AN ACTION BROUGHT BY A THIRD PARTY) ARISING OUT OF THE USE OR INABILITY TO USE THE CONTENTS OF Top Language Flatshare EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.9 OUR TOTAL LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), MISREPRESENTATION, RESTITUTION OR OTHERWISE ARISING IN CONNECTION WITH Top Language Flatshare OR THE PERFORMANCE OR CONTEMPLATED PERFORMANCE OF THE TERMS OF THIS CODE SHALL BE LIMITED TO THE HIGHER OF THE SUM OF £100 (ONE HUNDRED POUNDS) OR THE SUBSCRIPTION FEES PAID BY YOU IN THE TWELVE MONTH PERIOD PRECEDING THE CLAIM.

10.10 Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

10.11 Nothing in these terms shall seek to exclude or limit our liability for death or personal injury arising from our negligence.

11. ARBITRATION

11.1 Save in regard to fees owed by you to us any dispute arising out of or in connection with this Code, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA (The London Court of International Arbitration) Rules, which Rules are deemed to be incorporated by reference into this clause.

11.2 The number of arbitrators shall be one. The seat of arbitration shall be London, England. The language to be used in the arbitral proceedings shall be English.

12. GENERAL

12.1 We reserve the right to alter this Code at any time, without prior notice. Any modification will take effect immediately, either by the modified agreement being displayed, or by notification. You agree to check this Code regularly for modifications and additions.

12.2 The provisions of this agreement on intellectual property, liability and jurisdiction shall remain in force if this agreement expires or is terminated.

12.3 No failure or delay by us in exercising any of our rights under this Code shall be deemed to be a waiver of that right and no waiver by us of any breach by you shall be considered as a waiver of any subsequent breach of the same or any other provision.

12.4 Clause and paragraph headings shall not affect the interpretation of this Code.

12.5 The parties do not intend any third party to have the right to enforce any provision of this Code under the UK’s Contracts (Rights of Third Parties) Act 1999 or otherwise.

12.6 Certain offers or services available on Top Language Flatshare have additional terms and conditions as published on Top Language Flatshare. A material breach of such terms and conditions by you will amount to a material breach of this Code.

12.7 This Code together with our Privacy Policy constitutes the entire agreement between us and yourself, and may not be substituted by any other verbal or written agreement without prejudice to modifications in accordance with the previous clauses.

12.8 This Code is governed by English law and subject to any right you have as a consumer and subject to the arbitration provisions above the courts of England and Wales shall have exclusive jurisdiction over all disputes arising out of or in connection with this Code.