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Freehome4me Terms and Conditions
1. Introduction. This Agreement is a legal document, which sets out your rights and obligations, and those of HOMEFREE Limited, a company registered in England under registration no. 4823562 ("Freehome4me", "we" or "us"), in relation to this site and the services offered by Freehome4me through it (the "Freehome4me web site"). By registering for the Freehome4me service, you agree to the terms of this Agreement, and you re-affirm that agreement every time you use it. Visitors to the Freehome4me Service who do not register to become a Member (see 2 below) similarly affirm that they are bound by this Agreement each time they access the Freehome4me Service. You should be aware that this Agreement may change from time to time in accordance with Clause 23 below.
2. Membership. People who register for the Freehome4me Service become "Members". In all cases “Members” must have the agreement of their parents or guardians to register for the service.
As well as being able to browse the Freehome4me Service like any visitor to it, Members may: post their name and some other details on the Freehome4me site, and request information from other members. They can receive emailed messages, which will be sent to the email address contained in Your Details (which are provided during Registration) and may be updated subsequently- opt to receive emails selected during the Registration process (as added to, or de-selected, subsequently), such as notification when a new student has registered for details of accommodation in your area.
In order to use the Freehome4me Service, you must have internet access and the software and skills required for email and web usage.
3 Payment of Membership. If you decide to become a Member, and pay our Membership fee, you are agreeing to take the Membership we make available to you shortly after that fee is paid. You will not be entitled to any refund of that fee. Your Membership will last for twelve months. If you wish to continue with Membership after the expiry of that twelve-month period, we will enable you to do so, at our then current terms and prices. Note that we reserve the right to change the amount of the fee for Membership, the period, which it covers, the services, which it enables you to obtain, and other factors from time to time. However, these changes, unless they are changes under Clause 9 or Clause 10 below, will not affect your then-current Membership.
4. Registration. You undertake to register for the Freehome4me Service using accurate and current information about yourself – including your correct name, address and any other requested details. If you are asked for, and provide, details of a credit, debit or charge card; in that event, you must ensure that (a) you are fully entitled to use that card, and (b) it has available funds sufficient to cover the charges, which are deducted from it. As part of the registration process for the Freehome4me Service, you will receive a verification email, the purpose of which is to take reasonable steps to ensure that the email address you have nominated during registration is controlled by you. That email contains simple instructions, which you must follow.
5 Privacy policy. Freehome4me policy on the use of data forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data.
- Information gathered on registration. When you register for the Freehome4me Service, you provide your name,
brief details of your household and the University you are/will be attending, as well as the relevant dates and brief information about the household you are seeking.
- Cookies. We use files known as "cookies" to optimise the users’ experience of the Freehome4me Service as follows:
- We hold Members’ login information, so that your details are displayed when you visit the Freehome4me Service. If you wish you may delete these Cookies from your computer.
This, however, will result in the Freehome4me site requesting your password each time you visit the site.
Use of information
- We, and (where relevant) our credit card processing agents, will not supply your personal data to a third party for commercial exploitation – we will not sell the lists of our Members' email addresses to a third party.
- We will only supply your details to a third party for purposes of matching you with an appropriate home swap candidate.
- Email addresses: We do not directly make your email address available to anyone on any screen of the Freehome4me Service. The only legitimate way of making contact with a home swap candidate is for you to agree that a suitable candidate can contact you and by your supplying your contact details directly to them
via our secure database.
6. Freehome4me Role. You, whether you are a Member or just a non-Member who visits the Freehome4me site, acknowledge that we are not and cannot be responsible for the
behaviour of Members - whether on the Freehome4me Service or outside of it. We only provide a venue where the Freehome4me Service may be accessed. In particular, you should be aware that Freehome4me does not pre-screen or monitor the material contributed by Members.
7. Services. Freehome4me or its affiliates may offer new or additional services through the Freehome4me Service from time to time. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with. Provided that those terms or rules are notified to you on the Freehome4me Service in an appropriate manner (as determined by Freehome4me in its reasonable discretion), any failure by you to comply with a material provision of the terms or rules governing those services will amount to a breach of this Agreement.
8. The Service. The Freehome4me Service is intended to be used by its Members for the purposes referred to in Clause 2 above. Accordingly, Members must not include an email address, postal address, phone number, the address of any website, or any other information which is intended to facilitate direct communication, in material which is posted on the Freehome4me Service, place material on, or otherwise use, the Freehome4me Service for any business or commercial purpose; or use your access to the Freehome4me Service, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as Spam).
9. Operation of Freehome4me. Freehome4me reserves the right to withdraw or modify one or more aspects of the Freehome4me Service where we have legal or technical reasons to do so (including technical difficulties experienced by Freehome4me or on the Internet). There may also be times when the Freehome4me Service becomes unavailable, whether on a scheduled or unscheduled basis. For security or other reasons, we may require you to change password or other information, which facilitates access to the Freehome4me Service.
10. Misuse of Freehome4me service. We reserve the right (a) to suspend or terminate any Member’s access to the Freehome4me Service, or parts of it, and/or (b) to edit, or require the Member to edit, material posted on the Freehome4me Service, if the relevant Member or material appears to us to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register for, or re-access, the Freehome4me Service without our prior consent. You are responsible for everything, which is done on or through the Freehome4me Service while your Membership account is logged on to the Freehome4me Service, or through your email address(es).
11. Fees. You acknowledge that we are entitled to alter the amount or the basis of the calculation of our fees from time to time, provided that such amount or basis is clearly stated at the time when you agree to take the Freehome4me Service.
Fees paid by a Member will not be rebated or refunded by Freehome4me, unless the Freehome4me Service for which the Member has subscribed is completely withdrawn from that Member by us other than in circumstances permitted under this Agreement.
We may add new or ancillary services from time to time, which require the payment of fees – either to us or a nominated third party – on terms, which will be provided to you at the time.
12. Prohibited actions. You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the Freehome4me Service, nor any activity or communication you make in connection with any Freehome4me Service, will be capable of (a) infringing the intellectual property or other rights of any person or entity, (b) breaching any applicable law, whether criminal, tortuous or otherwise, or (c) appearing to be offensive, threatening, obscene, pornographic, false, unreliable or misleading.
13. Alerting Freehome4me. If you see anything on the Freehome4me Service, which appears to infringe this Agreement, then please inform us of it by contacting us through the address supplied on our web site. We do not generally monitor material contributed by Members before it is placed on the Freehome4me Service, and so we are reliant upon users to point out any which infringes this Agreement.
14. Withdrawal of material and Termination of Membership. Each Member acknowledges that we are entitled to withdraw any material on the Freehome4me Service, which appears (whether based on information received from Members or others, or our own determination) to be capable of breaching any part of this Agreement, or to bring the Freehome4me Service into disrepute. However, each user acknowledges that we do not monitor material which appears on the Freehome4me Service, and that we are reliant upon you and all users to notify us of anything you see here which appears likely to breach this Agreement, using the notification techniques which are made available on the Freehome4me Service.
15. Disclaimer. Freehome4me has no control over or responsibility for the truth or accuracy of any material available on the Freehome4me Service, whether provided by Members or others.
- If any third party sites are linked to from the Freehome4me Service, this does not mean that we endorse or have any responsibility for the site in question or anything, which appears on it.
- You should exercise no lesser degree of caution in appraising what you see on the Freehome4me Service than you do offline.
- Even though Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are.
- Your use of the Freehome4me Service is entirely at your own risk.
Accordingly, to the extent that the law permits, you release Freehome4me its directors, contractors and employees from all liability arising out of or in connection with the Freehome4me Service and the material included here by Members and other third parties.
16. Intellectual Property. You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to the Freehome4me Service (including the material which is contributed by Members) are owned by Freehome4me. It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, no one may copy, distribute, show in public or create any derivative work from the Freehome4me Service, or any of the material which is found on the Freehome4me Service unless properly licensed to do so by us.
By submitting any material to the content to the Freehome4me Service, you:
- are representing that you are fully entitled to do so.
17. Excluded loss. We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). Freehome4me will also not be liable for any failure to perform of its obligations under this Agreement caused by matters beyond its reasonable control.
18. Maximum liability. Without limiting the preceding Clause, during any period of twelve months, the aggregate liability of Freehome4me under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed £5.
19. Statutory Rights. Any statutory rights you may have as a consumer remain unaffected.
20. Indemnity. You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or through a machine on which you access the Freehome4me Service.
21. Assignment. We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the written consent of Freehome4me assign or dispose of this Agreement.
22. Entire Agreement. This Agreement is the whole of the agreement between us and you concerning the Freehome4me Service and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.
23. Changes to this Agreement. Freehome4me reserves the right to change this Agreement from time to time, and post the new version on the Freehome4me Service. When we do so, the new version of these terms and conditions will take effect, and will govern all Freehome4me Services and your relationship with Freehome4me:
- commencing four weeks after the date of posting, if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us within four weeks of the date of posting when the new version of the Agreement is to take effect, and from that date you must cease to use the Freehome4me Service; or
24. Severability. In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.
25. Law. This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
You can contact HOMEFREE LIMITED in writing at:
5 Jupiter House
Calleva Park
Aldermaston
Reading
Berks
RG7 8NN
or via email: info@freehome4me.com
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