| 1.The information on the studentpad.co.uk
website constitutes an invitation to you to offer details of your
property to studentpad.co.uk and the University to be advertised
on the site. No contract shall arise between you and studentpad.co.uk
and the University until studentpad.co.uk and the University has
accepted your offer by proceeding with the advertisement of your
property.
2. No such offer shall be accepted until studentpad.co.uk and
the University has received from you the fee relevant to your
chosen advertising option.
3. You warrant to studentpad.co.uk and the University 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) or
relevant legislation in Scotland or Northern Ireland;
• 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 and the University 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 the University. and without obligation
to specify its reason.
5. In the event that studentpad.co.uk and the University 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 whetherby
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 and
the University 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 and the University 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 and
the University even if studentpad.co.uk and the University has
been advised of the possibility of such damages or losses.
8. The total liability of studentpad.co.uk and the University
and in relation to the use of studentpad.co.uk and the University
(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 and the
University’s negligence, or any other liability that by
law cannot be limited10. You shall not be entitled to assign your
rights or transfer your obligations under your contract with studentpad.co.uk
and the University.
10. The contract between you and studentpad.co.uk and the University
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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