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Website Terms of Use

1. Introduction

1.1 These terms and conditions (the “Website Terms of Use”) 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 (the “Site”) who is not using it in his/her/its capacity as a property owner or property manager (“User”). Users include people who use the site to access information about, or to rent, properties.

1.2 The Website Terms of Use constitute a legally binding agreement between The Business and the User. By using or accessing this site, you agree to the Website Terms of Use.

1.3 The Business does not authorise any User to make use of the Site unless they are able to enter into legally binding contracts.

2. The Basics

2.1 This Site is a place where Users can view advertising of, and obtain information about, properties offered for rental (“Properties”) by others, including property owners and managers, (collectively, “Owners”), and communicate with those Owners.

2.2 The Business is not, and does not become, party to any contractual relationship between the User and the Owner, and does not mediate between the User and the Owner in the event of any dispute arising between them. The Site is a venue on which Owners are able to advertise their Properties in order to attract Users to rent them.

3. Property Listings and Interaction with Owners

3.1 Owners are entirely responsible for all of the information, including images, text and other content, relating to the Properties they offer (“Listings”) on the Site, for updating them and ensuring (where relevant) that they are correctly translated. Thus, where a listing is linked to an automated translation facility, such as Google Translate, it is the Owner’s responsibility to ensure that the resulting translation is accurate, and to correct any deficiencies in it.

3.2 If Users find a Property in which they are interested, they can send an information request to the Owner (an “Enquiry”) stating their name, email address and telephone number, and other requested information, without having to log in to the site for the purpose.

3.3 The User receives a confirmation from The Business once an Enquiry has been sent to an Owner. The Owner may then communicate directly with the User in connection with the Enquiry. The Business has no responsibility for, or involvement in, the communication between the Owner and a User.

4. Rights and obligations of the Provider

4.1 The Business shall use commercially reasonable efforts to ensure that depictions on the Site of the photos of the Properties that Owners have submitted to The Business are as true and accurate a representation of those photos as practicable. However, Users acknowledge that deviations from original photos can occur when scanning non-digital images, and due to individual screen settings. Further, Users also acknowledge that Owners – and not The Business – are responsible for the accuracy with which the photos depict the relevant Property.

4.2 The Business may occasionally undertake upgrades and maintenance of the Site. These works may result in restrictions in the usage of the Site. The Business will, where possible, aim to ensure that works that cause any such restriction are undertaken at a time when most Users’ usage is least affected.

4.3 The Business offers a messaging system which may be used by an Owner for making contact with an Owner. Completed Enquiry contact forms will be forwarded to the email address provided by the Owner of the relevant Property. Users acknowledge that unauthorised third parties may misuse the system and unlawfully intercept or read messages. The Business is not liable for any such misuse.

4.4 Each User acknowledges that The Business is not responsible for checking the identity, or for the behaviour, of Owners or for establishing the nature, condition or existence of a Property.

4.5 The Business reserves the right to transfer these Website Terms of Use, and to assign or subcontract any or all of its rights and obligations under these Website Terms of Use, to a third party but will not do so in such a way as to reduce any guarantees given to the User under these Website Terms of Use.

5. Intellectual Property and Related

5.1 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 text, graphics or designs, is prohibited.

5.2 Users are permitted to download, display or print individual pages of the Site to evidence their agreement with The Business. The relevant file or the relevant printout must clearly bear the text “© 2014 Just Us Agency Ltd – All Rights Reserved”.

5.3 Where a User submits to or transmits through the Site any content of any type, including text or images, the User undertakes that he/she 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’).

6. Users’ Communications and Reviews

6.1 Messages sent via The Business’s messaging system should only relate to serious booking enquiries. It is prohibited to misuse The Business’s messaging system, such as by sending unsolicited commercial communications (spam).

6.2 Users may indicate using a five-star review system their rating of an Owner’s Property (“User Reviews”) on the Site. Please note that The Business does not, and does not realistically have the ability to, verify the accuracy or otherwise of these User Reviews.

6.3 The Business does not generally conduct identity checks. If a User suspects that an Owner has supplied false information, they are invited to notify The Business through the contact form system on the Site.

6.4 The Business complies with its data protection obligations.

7. Indemnification

7.1 The User shall indemnify and hold The Business and its affiliates in other countries where relevant (“Business Affiliates”) harmless against any claims by third parties brought against The Business or any Business Affiliate arising out of or in connection with any breach of these Website Terms of Use on the part of the User.

8. Prohibitions

8.1 The Traveller shall not directly or indirectly:
(a) 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;
(b) 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;
(c) Use the site for purposes other than those referred to in these Website Terms of Use;
(d) 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;
(e) 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;
(f) 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;
(g) Include content on the Site that breaches any applicable criminal or other laws, or encourages any such breach;
(h) 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);
(i) 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;
(j) Post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material; or
(k) Refer to The Business or any Business Affiliate in any way that might lead someone to believe that the User or any website is sponsored by, affiliated with, or endorsed by The Business or any Business Affiliate.

9. Notifications

9.1 Messages are to be sent using the contact form or by ordinary post to Just Us Agency Ltd of Winthill House, Winthill, Banwell, Bristol BS29 6NN, United Kingdom.

9.2 Notifications of copyright infringement must contain:
(a) Your postal address, telephone number and e-mail address;
(b) Precise details about the content in question (insertion of the text or image) including a link to the website;
(c) A signed declaration in lieu of an oath, which implies that you:
(d) Hold the exclusive rights to use the work;
(e) Have not authorised the use of the material in question in this form.

10. Liability of Provider

10.1 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 and Owners, even if The Business has been advised of the possibility of such damages.
10.2 These limitations and exclusions apply without regard to whether the damages arise from breach of contract, negligence or any other cause of action.
10.3 If you are dissatisfied with the Site, you do not agree with any part of these Website Terms of Use, then your sole and exclusive remedy against The Business is to discontinue using the Site.
10.4 Nothing in these Website Terms of Use 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.

11. Miscellaneous

11.1 These Website Terms of Use, the relationship between Users and The Business and the relationship between Owners 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.

11.2 These Website Terms of Use contain the entire agreement between The Business and User relating to their subject matter.

11.3 The Business recommends that each User save his/her own copy of these Website Terms of Use in a separate file on its PC or in print-out form.

11.4 The Business’s failure to act with respect to a breach of these Website Terms of Use by the User or others does not waive the Business’s right to act with respect to subsequent or similar breaches.

11.5 The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Website Terms of Use.

11.6 The invalidity of one or more provisions of these Website Terms of Use shall not affect the validity of the other provisions.