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General Terms of Website Use

1. Your use of this website is subject to these Terms and Conditions of Use (‘Terms of Use’). By using the website You confirm Your agreement to them. If You do not accept the Terms of Use, please do not use the website.

2. In this Agreement:

i) ‘We’. ‘Us’ and ‘Our’ means Room4theNight a trading name of Room4theNight Ltd Company Number 7270567, Registered in England and Wales, Registered Office address 24 Park Road South, Havant, Hants PO9 1HB.

ii) ‘You’ and’ Your’ means the person using the website and/or applying to advertise property or applying to use other services offered by Us

3. Room4theNight may amend these Terms of Use at any time by amending this page and such amendment shall apply to Your use of this website after such amendment and will supersede all previously published Terms of Use.

4. If any provision contained in these Terms of Use is for any reason held to be invalid or unenforceable in any respect, such invalidity or unenforceability will not affect any other provision of these Terms of Use and these Terms of Use will be construed as if that invalid or unenforceable provision had not been contained herein.

5. We may immediately terminate or suspend without notice Your access to this website and/or Your advertising if We believe You are in breach of any term, condition or warranty in these Terms of Use.

6. This website is intended for use by residents of the United Kingdom only. English Law shall govern its use at all times and, in the event of a dispute, relevant parties shall irrevocably submit to the exclusive jurisdiction of the English Courts.

7. Room4theNight reserves the right, and without prior notice, to discontinue the supply and/or modify the terms or availability of any product or service described or advertised anywhere on this website. Prices and details of products and services (and any offers) posted online are subject to change without notice. All products and services are subject to availability and We give no guarantee in this regard.

8. Room4theNight owns the copyright and all other intellectual property rights subsisting in the database created by this website and all material on this website.

9 . You may link to Our home page, provided You do so in a way that is fair and legal and does not damage the reputation of Room4theNight . You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists.

10. You must not establish a link from any website that is not owned by You. We reserve the right to withdraw linking permission without notice.

11. This website site must not be framed on any other site without the express prior written permission of Room4theNight.

12. If You wish to link to Our website or copy any material on Our site, please contact info@room4thenight.co.uk. You are not permitted to download, redistribute or extract any information on this website in whole or in part other than for Your personal, non-commercial use, You may not reproduce, modify or in any way commercially exploit any of the information on this website.

13. This Site contains links to websites operated by third parties. We have no control over their individual content. We therefore make no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites. The links are for Your convenience only. We do not recommend any products or services advertised on those websites. If You decide to access any third party website linked from this Site, You do so at Your own risk.

14. If You are provided with, a user identification code, password or any other piece of information as part of Our security procedures, You must treat such information as confidential, and must not disclose it to any third party. We do not accept any liability whatsoever for any loss or damage arising out of Your failure to keep Your password or user access secure.

15. The following clauses 17, 18, 19, 20, 21 and 22 set out Our entire financial liability (including any liability for the acts or omissions of Our employees, agents and sub-contractors) to You in respect of any liability of Us arising as a result of or in connection with Your use of this website or any services which We offer.

16. To the extent permitted by law, We, other members of Our group of companies and third parties connected to Us hereby expressly exclude:

i) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;

ii) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with this website or in connection with the use, inability to use, or results of the use of this website, or any websites linked to it and any materials posted on it.

17. For the avoidance of doubt We will not be liable to You for:

i) any indirect, consequential, special or punitive losses, damages, costs and expenses:

ii) loss of profit;

iii) loss of business;

iv) loss of reputation;

v) depletion of goodwill; or

vi) loss of, damage to or corruption of data.

18. Our total liability to You under or connected with Your use of this website and any services which You purchase or use shall not exceed a sum equal to the total fees which You have paid to Us in the preceding 6 months.

19. A person, firm or corporate entity who is not a party to this or any agreement for the provision of services by Us to You has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Conditions but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

20. We will not be held liable if events outside Our control prevent Us fulfilling Our obligations to You.

21. Clauses 17, 18, and 19 in these Terms of Use do not affect Our liability for death or personal injury arising from Our negligence, nor Our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

22. Nothing on this website constitutes a recommendation that You enter into any particular transaction nor a representation that any product and/or service detailed on this website is suitable or appropriate for You.

23. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by You or any other user of Our site. We do not endorse, agree with or approve any content posted by You.

24. We will conduct Our business in accordance with the requirement of the Data Protection Act 1988 in so far as it applies to Our business. All personal information You supply to room4thenight will accordingly be treated in accordance with the Data Protection Act 1998 (as amended) and the Privacy and Electronic Communications (EC Directive Regulations) 2003.

25. Please refer to Our Privacy Policy.

26. Room4theNight will take all reasonable steps, to ensure that any personal information you provide is kept secure. However, because of the nature of the Internet, and the fact that it is not a secure system, Room4theNight cannot and does not guarantee that personal information you provide will not be intercepted by others. Consequently Your privacy cannot be guaranteed.

27. Whenever You make use of a feature that allows You to upload material to Our site, You must ensure that any material You upload is not confidential and that We have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose Your identity to any third party who is claiming that any material posted or uploaded by You to Our site constitutes a violation of their intellectual property rights, or their right to privacy. We may also offer You other relevant additional features and services to help manage Our advertising.

28. We have the right to remove any material or posting You make on Our site if, in Our opinion, such material is offensive or does not comply with these Terms of Use. We may edit, suppress, delete or modify Your material if in Our opinion it is inaccurate, inappropriate or contravenes Our Terms of Use or other terms and conditions. We will use Our reasonable endeavours to make sure that Your data is not altered in such a way as to misrepresent the information contained within it.

29. You must not use or attempt to use any automated program to access this website, unless the automated program is fully compliant with the Robots Exclusion Protocol (a “Permitted Program”). Any such use or attempted use of an automated program (other than a Permitted Program) shall be a misuse of Our website and is strictly unauthorised.

30. You must not misuse this website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to this website, the server on which this website is stored or any server, computer or database connected to this website. You must not attack this website via a denial-of-service attack or a distributed denial-of service attack.

31. Room4theNight cannot warrant that this website is free of viruses or technical defects of any description and will not be responsible for any technical problems arising from the use of this website.

Advertise a Room for Rent

A. Owners Obligations and Declarations

A.1 When You instruct Room4theNight to advertise Your room to rent to potential guests, on this website and on other third party websites You are entering into a contract made between Room4theNight and the room owner ‘You’ and which is governed by these terms. When You upload the details of a room to be advertised for rent by Room4theNight You are agreeing to pay Our fees which are as advertised on this website and will be confirmed to You before payment is taken by Us from You. A separate payment is due and payable for each individual room advertisement which is created. If You wish to take advantage of other additional services offered by Room4theNight, these are all subject to additional terms and conditions.

A.2 By uploading the details of a room to be advertised for rent, You confirm that:

i) You have the legal right to rent the room; and

ii) the description You provide to Us is true and accurate, and is not misleading in any form. (Please note that Room4theNight does not accept any responsibility for the accuracy or effectiveness of the information or any images supplied by You); and

iii) You own the right to use any photographs and images supplied; and

iv) You will make all rental bookings direct with potential guests and will not infer to any prospective guest or third party that Room4theNight will be carrying out or performing any services on Your behalf that You have not already contracted with Us to provide and the qualification of all guests is the sole responsibility of the You the property owner or agent.

v) You understand that We will not negotiate the terms of the proposed rental

vii) the room will be rented by You in a safe and compliant fashion. In particular, all appliances and services must be safe and instruction manuals provided where applicable. If the room You are advertising for rent is supplied with gas You confirm that You understand Your obligation to hold a current Gas Safety Certificate. Property owners are solely responsible for investigating and adhering to all local and government regulations including, but not limited to permits, licences, occupancy taxes, planning permissions and safety regulations.

viii) You warrant that when We reproduce or published Your uploaded material it will not:-

i) breach any contract;

ii) fail to comply with any applicable law or regulation;

iii) infringe any copyright, trade mark, intellectual property or any other personal or proprietary right of any person, firm or corporate entity

iv) render Us liable to any claim whatsoever

You will indemnify Us against any resulting third party claim, legal action or

penalty should Your uploaded material not meet these Conditions.

ix) You will use reasonable endeavours to update Your uploaded material to ensure that it is and remains correct including but not limited to any changes in rent and availability. Where there is a material change or update of Data, You will ensure Your Data is amended accordingly and provided to Us within 2 working days;

x) You will provide Us with a valid e-mail address and a working telephone number so that We can contact You.

A.3 If You pay Us by Credit Card, You agree and understand that We will charge Your nominated credit card in advance for the advertisement and/or other services We are providing.

A.4 Room4thenight has a strict No refund policy. In the event that an advertiser no longer wishes to list their room, no refund will be given.

A.5 If you wish to remove your listing/s from our site, you can temporarily deactivate your account and reactivate it in the future. Your room4thenight listing stays in force through the original term and the renewal date does not change (the renewal date will not be extended during the time that your room/s is deactivated)

B. Room4theNight Ltd Obligations

B.1 We will upload details of Your room on room4thenight.co.uk and to those websites with whom We have advertising arrangements within three working days of the details being both fully completed by You in accordance with the conditions set out above and in Our Terms of Use and also following payment by You of the required fee. Your room details may be displayed on other websites with which We have no arrangements where such sites ‘scrape’ images and details from pictures legitimately published on the internet. We do not accept any responsibility for such action by third parties as it is beyond Our control.

B.2 We will take action to remove Your room from those websites with whom We have advertising arrangements within three working days of receiving an email from You confirming that the advertised room is no longer available.