The information on the studentpad.co.uk website constitutes an invitation
to you to offer details of your property to studentpad.co.uk to be advertised
on the site. No contract shall arise between you and studentpad.co.uk until
studentpad.co.uk has accepted your offer by proceeding with the advertisement
of your property.
2. No such offer shall be accepted until studentpad.co.uk has received
from you the fee relevant to your chosen advertising option.
3. You warrant to studentpad.co.uk that:-
· the property complies with all relevant regulations and guidance
for such property as set out in the Housing Act 2004 (as amended) including
but not limited to the Housing Health and Safety Rating System (England)
Regulations 2005 (as amended);
· The property will not be deemed to have any deficiencies (bearing
in mind the use for which such property is intended) in any risk assessment
conducted under the Housing Health and Safety Rating System and you would
not be required to undertake any remedial work following such risk assessment;
· The property is free from unnecessary and avoidable hazards;
and
· where hazards are necessary or unavoidable, they should be made
as safe as reasonably possible;
4. Without prejudice to any other right or remedy available to it, Studentpad.co.uk
reserves the right to terminate the contract and remove your property
details from the website at any time for breach of any of the warranties
contained in Condition 3 above or for any other reason at the absolute
discretion of studentpad.co.uk. and without obligation to specify its
reason.
5. In the event that studentpad.co.uk exercises its rights under Condition
4 above, it will refund to you a proportion of any fees paid in advance
(so far as such fees relate to advertising after the cancellation date)
on a pro rata basis but without further liability to you in respect of
any direct or indirect losses whether by way of loss of profit, loss of
bargain or otherwise
6. Whilst every effort is made to ensure that all information is entered
correctly and each advertisement studentpad.co.uk carries for you onto
the [website] is correct, studenpad.co.uk recommends that you check the
contents of each advertisement carefully once posted.
7. Studentpad.co.uk shall have no liability whatsoever in contact, tort
(including negligence), breach of statutory duty or otherwise for any:
a. indirect; economic; incidental; special; exemplary; or
consequential loss (and for these purposes consequential loss shall include
without limitation all loss of profit, opportunity, anticipated profit,
anticipated revenue, business and/or goodwill) or damage suffered by you;
b. any loss of, or damage to, goodwill;
c. loss of, or loss of use, of any hardware, software or
data (including but not limited to data entered onto the [property management
module];
howsoever caused as a result of your use of studentpad.co.uk even if studentpad.co.uk
has been advised of the possibility of such damages or losses.
8. The total liability of studentpad.co.uk and in relation to the use
of studentpad.co.uk (and for any and all acts or omissions on the part
of itself or its employees, servants, agents or sub-contractors giving
rise to loss or damage) shall be limited to the amounts received by it
from you prior to the date such loss arises or action is commences (whichever
is the earlier).
9. The limitations in Clauses 7 and 8 do not apply to claims for death
and personal injury caused by studentpad.co.uk’s negligence, or
any other liability that by law cannot be limited.
.
10. You shall not be entitled to assign your rights or transfer your obligations
under your contract with studentpad.co.uk.
11. The contract between you and studentpad.co.uk shall be governed and
construed in accordance with English law and the parties shall be subject
to the exclusive jurisdiction of the English Courts.
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