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Owners terms and conditions

1. Introduction

1.1 These terms and conditions (the “Owner Terms & Conditions”) govern the relationship between Just Us Agency Ltd of Winthill House, Winthill, Banwell, Bristol BS29 6NN, United Kingdom (“The Business”) and any user of this website (“Site”) who or which offers one or more properties for rental through it, including owners, lessees and property managers, (collectively referred to as “Owners”).
1.2 The Owner Terms & Conditions constitute a legally binding agreement between The Business and the Owner. Each Owner who uses or accesses this Site agrees to the Owner Terms & Conditions.
1.3 If the Owner is a company, partnership or other entity, a representative person who uses this Site, and/or agrees to the Owner Terms & Conditions on behalf of that Owner, represents that he/she has the authority to bind the entity to these Owner Terms & Conditions.
1.4 The Business does not authorise anyone to register with the Site unless they are able to enter into legally binding contracts.

2. The Basics and Listing Terms

2.1 This Site is a place where Owners can advertise one or more holiday homes (each a “Property”) for rental to potential tenants, and communicate with those potential tenants. We refer to actual and potential tenants, whether of the Owner’s or other Properties, as “Tenants”.
2.2 The Site is a venue for Owners and Tenant to interact. The Business is not, and does not become, party to any contractual relationship between the Tenant and the Owner, and does not mediate between the Tenant and the Owner in the event of any dispute arising between them.
2.3 Owners can agree with The Business to place on the Site a paid-for Property listing (“Listing”).
2.4 To place a Listing, the Owner makes an order by means of the Site’s relevant online form and pays to The Business the fees for the relevant Listing (“Listing Fees”). The amounts of the Listing Fees and the features included are set out in the price list.
2.5 No refunds are available unless an Owner qualifies for a refund under any guarantee program The Business may have in effect.
2.6 Listings are sold by The Business to run for the full term that is selected by the Owner. That term starts on the date that the Owner submits the requisite full or initial (as applicable) payment of Listing Fees (the “Purchase Date”) and expires on the last date of the term selected by the Owner (the “Listing Term”). For example, for an annual Listing Term, if the Purchase Date is July 1st, the Listing would expire on June 30th of the following year (unless extended as provided below).
2.7 Payments to The Business can be made by PayPal. All banking and other fees relating to a payment shall be borne by the Owner.
2.8 If an Owner purchases a Listing, but does not complete the creation of the Listing or the Listing does not appear on the Site for any other reason, refund requests for Listing Fees will be considered by The Business, but are only available if applied for by the Owner by contacting The Business through the contact form during the first three (3) months following the relevant Purchase Date (the “Initial 3 Months”), and on condition that (i) the relevant Listing has not appeared on the Site during the Initial 3 Months, and (ii) the failure of the Listing to appear on the Site during the Initial 3 Months does not result from the Owner failing to take such steps as The Business may require in relation to the completion of the Listing.
2.9 If no such refund is applied for or granted, but the relevant Listing is completed and appears on the Site after the end of the Initial 3 Months, the Provider may in its discretion permit the Listing Term to continue until fifteen (15) months after the Purchase Date for that Listing.
2.10 The Business reserves the right to decline to place any Listing that appears, in The Business’s discretion, to be capable of infringing, or be associated with the infringement of, any provision of these Owner Terms & Conditions.

3. The Dashboard

3.1 As a result of registration, an Owner is given a user profile in which the data he/she contributes is recorded and in which all the Property rentals offered by that Owner are specified (the “Dashboard”).
3.2 In the Dashboard, the Owner will have various functions available which are intended to assist them to manage their Property rentals through the Site; these functions, and the Dashboard itself, are made available on an “as is” basis, and The Business does not undertake that the Dashboard or its functions will be complete or error-free.

4. Listing Details and Services

4.1 The number of photos of a Property that an Owner can place on the Site is determined by the particular level of Listing (“Listing Package”) they have opted for and paid for. A cut-down version of the Listing is shown on the Site as a search snippet, in the form of a preview with a small picture of the Property and its key features if included in the Listing, linked to the full-page Listing.
4.2 Property search snippets are searched and displayed based on the website’s standard search algorithm. Tenants can also search Listings according to various advanced (“Advanced Search”) criteria, such as:
– The number of people a Property will accommodate/sleep
– The starting price for renting the Property
– The key features and amenities of the Property
4.4 The Business offers the possibility to link Listings to Google Maps. In order to do so, the Owner must ascertain the correct GPS co-ordinates of the Property and submit them with their Listing; guidance on how to do this are provided on the website but The Business does not undertake that the guidance provided will be complete or error-free. By using the Google Maps feature on the website, the Owner confirms that the address and GPS co-ordinates indicated for the relevant Property are correct on the Owner’s dashboard, and furthermore they must separately agree to Google’s terms and conditions if relevant.
4.5 If the Owner has its own website upon which a Property or Properties available for rental appear (an “Owner Website”), the Owner may place links from each Listing to the Owner Website, on condition that at all times Properties available through Listings on the Site represent at least 50% of the total number of Properties available for rental on or through the Owner Website. If The Business finds that the requirements of this sub-Clause have been breached, The Business will be entitled to remove any link or reference to an Owner Website from each Listing immediately, and notify the Owner by email that this has been done.

5. Property Managers and Multiple Properties

5.1 The Business may grant special terms to Owners who have Listings offering more than 10 Properties (known as “Property Managers”). Property Managers should contact The Business by post in order to enquire about becoming a Property Manager, at the postal address provided in the Introduction to these Owners Terms & Conditions.

6. Termination

6.1 If The Business determines at its own discretion, or an allegation is made, that (a) Listings or other content associated with an Owner contain any material that infringes the Site’s Listing guidelines, the law, applicable regulations or the rights of any person or entity, (b) an Owner has submitted unsuitable material to, or misused, the Site, (c) an Owner’s listing or rental practices are unacceptable or unfair (for example, and without limitation, if an Owner double-books a Property for multiple Tenants on the same date, or engages in any practice that would be considered unfair or improper within the holiday rental industry), (d) the Owner is in material breach of these Owner Terms & Conditions or any other obligations owed to the Business or Tenant, (e) an Owner has been abusive or offensive to any employee or representative of The Business, (f) an Owner uses a false identity, then the Business shall be entitled to terminate either (i) any affected Listings, or (ii) all Listings associated with such Owner immediately and without refund of Listing Fees or any other fees or charges paid by the Owner. An Owner or Listing that contravenes any of the above requirements shall be in breach of these Owner Terms & Conditions.
Note that the Business assumes no duty to investigate complaints.

7. Rights and obligations of The Business

7.1 The Business shall be entitled to change the layout of this Site at any time during the course of a Listing Term and without prior notice on the basis the change does not deny the Owner the value of the Listing Fee paid in relation to the relevant Listing.
7.2 The Business shall use commercially reasonable efforts to ensure that Property depictions on the site are as true and accurate a representation as practicable of the photographs of their Properties that Owners have submitted to The Business. However, Owners acknowledge that deviations from original photos can occur when scanning non-digital images, and due to individual screen settings.
7.3 The Business may occasionally undertake upgrades of the Site in order to address technological developments. Maintenance works are therefore sometimes necessary, which can lead to restrictions on the Site. The Business will, where possible, aim to ensure that maintenance of the site that causes any such restriction is undertaken at a time when most Tenants’ usage is least affected.
7.4 The Business also provides an enquiry contact form which serves to send messages from the Tenant to the Owner of the relevant Property. Tenants acknowledge that unauthorised third parties may misuse such messaging systems and unlawfully intercept or read messages. The Business is not liable for any such misuse.
7.5 The Business does not generally conduct identity checks or establish the existence of a Property. If The Business – including as a result of information provided by Tenants – suspects that the Owner has supplied false information, the Owner acknowledges that The Business is entitled to carry out identity checks on the Owner or to prove the existence of a Property; if requested to do so, the Owner agrees promptly (and in any event within any period requested by The Business) to supply to The Business such proof of identity or of a Property’s existence as The Business requests. Each Owner acknowledges that failure to comply with any such request constitutes a breach of these Owner Terms & Conditions.
7.6 The Business complies with its data protection obligations. The Owner authorises The Business to forward the Owner’s contact details, including telephone number, to Tenants in connection with a Property booking. The Privacy Policy provides further details. The Business may, for the sole purpose to prevent fraudulent behaviour of a third party, give an Owner’s phone number to a Tenant.

8. Copyright

8.1 All content that appears on this Site, and the Site itself, is protected by copyright and database rights. Reproduction of the site, in whole or in part, including the copying of content, is prohibited.
8.2 Owners are permitted to download, display or print individual pages of the site to evidence their agreement with The Business.

9. Further Rights and obligations of the Owner

9.1 The Owner shall submit truthful particulars about his personal identity and payment data and offer in Listings only Properties which the Owner is entitled to rent to Tenants.
9.2 The forms made available by the Business must be completed appropriately. In particular, the Owner is not permitted to change the Listing in such a way that a different Property is included in it if the Owner has not already subscribed to a second or subsequent separate Listing for that Property also.
9.3 The Owner undertakes to present the Listing, including all information concerning the Property, fully and accurately, and (i) if a translation is provided to ensure that it is carefully and correctly translated, and (ii) to comply with the Listing guidelines when drawing up the Listing. The Owner shall not give misleading particulars about the origin of any information, and will not include details that may conceal the true source of any information.
9.4 Owners are required to keep their account login details secret and not to pass them on to third parties. The Business will never ask Owners to disclose this data. If Owners are contacted by third parties and asked for login details, under no circumstances should they impart that data, but must immediately notify The Business of the situation by post. Should any Owners notice that their account is being used by an unauthorised third party, they should immediately report the matter to The Business by post and change their password.
9.5 The Business complies with its data protection obligations. The Owner authorises The Business to forward the Owner’s contact details, including telephone number, to Tenants in connection with a Property booking.
9.6 The Owner must not misuse the Site’s email or messaging system. Emails and messages may be sent out only with the recipient’s consent.
9.7 Owners are responsible for ensuring that their Listings do not infringe the law or the rights of any person or entity. Listings must not contain false information, personal insults, anything slanderous or defamatory, or anything that infringes copyright or data protection law.
9.8 The Owner shall be obliged for charging, and accounting to the relevant authorities for, taxes (including, where relevant, VAT) on the payments they receive.
9.10 The Business reserves the right to transfer these Owner Terms & Conditions, and to assign or subcontract any or all of its rights and obligations under these Owner Terms & Conditions, to a third party but will not do so in such a way as to reduce any guarantees given to the Owner under these Owner Terms & Conditions.

10. User rights to content

10.1 Where an Owner submits to or transmits through the site any content of any type, including text or images, the Owner undertakes that he has the right to do so, and has been granted the necessary consent by any persons featured (‘model release’) or owners of featured items (‘property release’).
10.2 To the extent that Owners’ Listings and other submissions may contain trademarks, Owners declare that they have the right to use them, including sublicensing rights.
10.3 By submitting any form of content to the site, the Owner authorises The Business and each of its affiliates to display and disseminate the content in connection with the performance of these Owner Terms & Conditions.

11. Indemnification

11.1 The Owner shall indemnify and hold The Business harmless against any claims by third parties brought against The Business arising out of or in connection with any breach of these Owner Terms & Conditions on the part of the Owner.

12. Prohibitions

The Owner shall not directly or indirectly:
12.1 With respect to the site, its content, and databases comprised in the site, in any form, whether by using automatic devices or manual processes, exploit, copy, distribute, reproduce, edit, translate, make publicly accessible or decompile any of the same;
12.2 Monitor content on the site by means of robots, spiders, or other automatic instruments; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines (not including any website or search engine or other service that provides classified listings or property rental adverts, or any subset of the same or which is in the business of providing vacation property rental services or other services that compete with the site or The Business) and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with The Business’s robots.txt file;
12.3 Use the site for purposes other than those referred to in these Owner Terms & Conditions;
12.4 Use the site or the tools and services on the site for the purpose of booking or soliciting a rental for a property other than a Property under a valid Listing;
12.5 Reproduce any portion of the site on another website or otherwise, using any device including, but not limited to, use of a frame or border environment around the site, or any other framing technique to enclose any portion or aspect of the site, or mirror or replicate any portion of the site;
12.6 Upload or send to the site any contents or programs, which on account of their size or nature, might damage The Business’s computers or networks;
12.7 Include content on the site that breaches any applicable criminal or other laws, or encourages any such breach;
12.8 Use or access the site in any way that might endanger any computer system or network, including by making available any virus (for which purpose, ‘virus’ includes any program introduced into a system deliberately which carries out a useless and/or destructive function, such as displaying an irritating message or systematically over-writing the information on a user’s hard disk);
12.9 Post or transmit information that is in any way false, fraudulent, or misleading, or engage in any act that may be considered ‘phishing’ (whether primary, secondary or other) or that would give rise to criminal or civil liability;
12.10 Post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material; or
12.11 Refer to The Business in any way that might lead someone to believe that the Owner, any Property, Listing or website is sponsored by, affiliated with, or endorsed by The Business.

13. Messaging

13.1 Any messages should be sent to The Business using the contact form or by post.
13.2 Notices regarding infringements of copyright must specify the following:
(a) Your address, telephone number and email
(b) Detailed information about the content concerned (display of the image or text), including a link to the site;
(c) A formal declaration showing that you
(i) Are the holder of the exclusive user right to the work;
(ii) Have not authorised the use of the relevant material in this form.

14. The Business’s limited liability

14.1 In no event will The Business be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from the site, your use of the Site and/or any transaction between users, even if The Business has been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from breach of contract, negligence or any other cause of action.
14.2 If you are dissatisfied with the Site, you do not agree with any part of these Owner Terms & Conditions, then your sole and exclusive remedy against The Business is to discontinue using the Site.
14.3 In all events, our liability to you or any third party in any circumstance arising out of or in connection with the Site is limited to the greater of (a) the amount of fees you pay to us in the six months prior to the action giving rise to liability; and (b) £100.00 in the aggregate.
14.4 Nothing in these Owner Terms & Conditions shall exclude or restrict The Business’s liability for death or personal injury resulting from its negligence; nor for The Business’s fraud or fraudulent misrepresentation.

15. Governing Law and Entire Agreement

15.1 These Owner Terms & Conditions, and the relationship between the Owner and The Business, shall be governed by and construed in accordance with the laws of England and Wales and subject to the non-exclusive jurisdiction of the English courts.
15.2 These Owner Terms & Conditions contain the entire agreement between The Business and Owner relating to their subject matter.

16. Miscellaneous provisions

16.1 The Business recommends that the Owner saves his/her own copy of these Owner Terms & Conditions in a separate file on its PC or in print-out form.
16.2 The invalidity of one or more provisions of these Owner Terms & Conditions shall not affect the validity of the other provisions.
16.3 The Business’s failure to act with respect to a breach of these Owner Terms & Conditions by the Owner or others does not waive The Business’s right to act with respect to subsequent or similar breaches.
16.4 The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Owner Terms & Conditions.