1.1 In these Terms and Conditions, the following words and expressions shall have the meanings set out opposite them, namely:-
- “Intellectual Property Rights”
- means patents, utility models, registered or unregistered design rights, discoveries, inventions, patents, registered and unregistered trademarks, database rights and/or copyright, and any rights of a similar nature together with applications for any of the foregoing existing now or at any time in the future, and enforceable anywhere in the world;
- means the services of making available details of rental properties to prospective tenants and making available the details of prospective tenants to landlords to be provided by A Flat in Town Limited at its discretion via the Site.
1.2 In these Terms and Conditions references to the singular shall include references to the plural and vice versa. Headings are for convenience only and shall not affect interpretation.
2. Linked Sites
2.1 A Flat in Town Limited accepts no responsibility for the contents of any website or documents to which links from the Site are available.
2.2. A Flat in Town Limited does not maintain any of the sites which may be linked to or have links from the Site and has no control over or liability for the organisations that maintain such other sites or the information, products or services that such other sites contain.
3. Intellectual Property Rights
3.1 Any and all Intellectual Property Rights in any material contained in this Site (including images, text and graphics) are the property of A Flat in Town Limited, its licensors or its technology providers.
3.2 A Flat in Town Limited hereby grants to you a non-exclusive, non-transferable, royalty-free licence to print and download extracts from the Site for your personal use but not for commercial gain.
3.3 For the avoidance of doubt, you may not reproduce, copy or transmit any information or extracts from the Site using any method or for any purpose other than contained within this Clause 3, without the prior written consent of A Flat in Town Limited.
It is your responsibility to scan any and all downloads and materials received from the Site and the Internet and A Flat in Town Limited shall not be liable or responsible for any damage or loss caused by the same including the transfer of any virus. You are prohibited from linking this Site to any other world wide web sites, and from suggesting any affiliation or endorsement between you and A Flat in Town Limited without the prior written consent of A Flat in Town Limited.
5.1 A Flat in Town Limited does not exclude liability for personal injury or death caused by its own negligence.
5.2 Subject to Clause 5.1 above, under no circumstances, shall A Flat in Town Limited be liable for any direct or indirect, incidental, special or consequential losses or damages howsoever arising that result from your use of, or your inability to use the materials in the Site and/or the Services.
5.3 Subject to Clause 5.1 above, in no event shall A Flat in Town Limited’s total liability to you for all damages, losses and causes of action howsoever arising (whether in contract, delict (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing the Site and the Services.
5.4 You are solely responsible for your decision to use and your use of, the Site. You shall indemnify and hold A Flat in Town Limited harmless from and against any and all claims, damages, liability and/or costs suffered by A Flat in Town Limited relating to you or your agent’s negligence or a breach of these Terms and Conditions by you or your agents.
6.1 As a user of the Site, you undertake that you will:-
- 6.1.1 not use any of the information contained on the Site for any unlawful purpose whatsoever;
- 6.1.2 not use the Site in any way which will cause any damage whatsoever to the Site;
- 6.1.3 not use the Site to transmit or post any computer virus of any kind, or any material which is defamatory, offensive or obscene; and
- 6.1.4 not use the Site in a manner which, to your knowledge, infringes any rights of any third party rights including third party Intellectual Property Rights.
6.2 A Flat in Town Limited reserves the right to immediately suspend your access to the Site and/or the Services if you breach any of these Terms and Conditions.
6.3 It shall be at A Flat in Town’s discretion as to whether it decides to provide the Services to any user of the Site.
7.1 These Terms and Conditions shall not be taken as creating or evidencing any relationship of agency, partnership or joint venture between A Flat in Town Limited and you.
7.2 If any provision of these Terms and Conditions shall be held as void, contrary to law or unenforceable, the validity and enforceability of the remainder of the Terms and Conditions shall not be affected.
7.3 These Terms and Conditions contain the entire agreement between the parties regarding the subject matter hereof to the exclusion of any prior communications.
7.4 A Flat in Town Limited shall use reasonable endeavours to ensure the security of the Site but no warranty is given in this regard.
7.5 You accept the Site as it appears with any faults or failings and without any representation, warranty or guarantee whatsoever, express or implied including without limitation any implied warranty of accuracy, completeness and connectivity.
8. Registered Users
If you are a registered user of the Site you will be given a password so that you can access further information through the Site. You agree to keep your password confidential. If you think there has been unauthorised use of your password, you require to notify A Flat in Town Limited immediately.
9. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Scotland and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.