Form

Terms and conditions of use

This website www.almerostudent.com (the “Site”) is owned and operated by Almero Mansions Limited a limited liability company registered in England and Wales (company number 09444540) and whose registered office is at Bath House, 116 Bath Row, Stamford, Lincolnshire, PE9 2QU (“us”, “our” or “we”).

This document is only available in English.

The following constitutes a legal agreement between a consumer (“you”) and us with respect to our website service, the terms of which are set out below. If you do not wish to accept these terms then please do not continue to use this Site.

Our Site is established, primarily, to enable you to enquire about and to assist you in leasing top quality student accommodation (“Properties”) in university towns appearing on or listed on this Site.

Accessing our site

Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our Site or to our entire Site.

Terms and conditions concerning properties

Our website service permits you to enquire about and, subject to contract, to lease Properties appearing on or listed on this Site. Such enquiries or leasing can only be made and are permitted strictly subject to the terms and conditions set out below. Nothing on this Site is to be regarded by you as an offer to contract for a lease on any Property.

Our right to vary these terms and conditions

We have the right to revise and amend these Terms and Conditions from time to time, for example, to reflect changes in market conditions affecting our business, changes in technology, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

Your use of this site is subject to the Privacy Policy and Terms and Conditions in force at the time that you access the Site.

Your agreements

YOU AGREE that if you request information from us on current available Properties or Properties which may become available in the future by completing the Registration Form:-

  • it is your responsibility to provide accurate personal information (“Personal Data”) and to update your Personal Data as necessary to keep it accurate. You undertake that all the details you provide to us for the purpose of obtaining information are correct;
  • it is your responsibility to ensure that your Personal Data is current otherwise the requested information cannot be supplied to you. We will only use your Personal Data in accordance with the Data Protection Act 1998 and our Privacy Policy;
  • it is your responsibility to maintain the confidentiality and security of your Personal Data. You must not allow others to use your name and you will notify us immediately of any unauthorised use of your name. We shall not be responsible for any losses arising out of the unauthorised use of your name or Personal Data and you agree to indemnify and hold us harmless, for any improper, unauthorised or illegal uses of the same.
  • whilst we will utilise anti-virus protections, it is your obligation to ensure that any use you make of our Site is free of any virus, Trojan horse, worm or any other items of a destructive nature. You will not hold us responsible for any damages that result from you accessing the Site (including any software or systems you use to access the Site).
  • you will not attempt or permit or encourage others to attempt to copy or make use of any intellectual property appearing on our Site for any commercial use or in any manner which would constitute an infringement of our copyright.
  • variation in computer, browser and operation will create differences in visual layout and usability of the Site. We have given due care and attention to minimising these differences, but cannot be held responsible for specific operational differences.

System requirements

The computer, internet access and system operated by you and your ability to use the same may affect your ability to access or use our Site. You acknowledge and agree that any system requirements necessary to preview, and/or view and/or make enquiries concerning any Properties on our Site are your responsibility.

Misuse of the site

We reserve the right to suspend or terminate your access to the Site or parts of it if at our sole discretion we believe you are in breach of any provision of this Agreement. If your access has been suspended or terminated you will not be permitted to re-access the Site without our prior consent.

You will only use the Site for the purposes referred to in this Agreement and not access the Site or use information gathered from it to send unsolicited e-mails.

Indemnity

You agree to indemnify and hold harmless us, our partners, employees and consultants from and against any and all claims, losses, demands, causes of action and judgments (including solicitors’ or attorneys’ fees and court costs) arising from or concerning any breach by you of this Agreement and/or these Terms and Conditions for your use of the Site and you agree to reimburse us on demand for any losses, costs or expenses we incur as a result thereof.

Assignment

You may not transfer or otherwise deal with your rights and/or obligations under these Terms and Conditions.

We may sub-contract, transfer or otherwise deal with our rights and/or obligations under these Terms and Conditions in whole or in part.

General

We have the right to withdraw or amend details of any Property from the Site for any reason without notice to you and you agree that we will not be responsible for any loss, damage or cost as a result of such unavailability or amendment.

We will not be liable for errors or omissions on the Site nor for loss or damage suffered by you as a result of any unavailability of the Site or by any use by you or reliance placed on the Site or its contents including any damage caused to your computer or otherwise howsoever, or any direct, indirect or consequential loss or loss of data.

We shall not be liable to you for the failure of any equipment, data processing system or transmission link and will not be liable to you as a result of any down-time which may occur upon the Site.

The Site is provided “as is” and you acknowledge that despite our reasonable endeavours the Site may contain bugs, errors and other problems (including, but not by way of limitation) infection by viruses (despite anti-virus protections which may be incorporated) or anything else which may cause contamination or destruction of any sort that may cause system failures. Notwithstanding, we will use all reasonable endeavours to correct any errors and omissions as quickly as practicable after being notified by e-mail to enquiries@almeroholdings.com.

We shall not be responsible to you for damages or otherwise in respect of any error made in any listing of or reference to Properties.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently the Site (or any part thereof) without notice to you and without any liability to you or to any third party.

Links to third party websites on the Site are provided solely for your convenience. If you use these links, you leave the Site. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.

You may not ‘deep link’ to our Site by which we mean that you may not include a link to our Site, or display the contents of our Site, surrounded or framed or otherwise surrounded by content not originating from us without our consent. Any unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress and may result in the termination of this Agreement or other remedies as set out in this Agreement.

It is the responsibility of any advertisers and sponsors on this Site to ensure that any content submitted by them for inclusion on the Site complies with applicable laws and regulations and we shall not be responsible for or liable to any extent for any error or inaccuracy which may appear in such content.

Intellectual property rights

All intellectual property content on the Site including, without limitation trademarks, button icons, logos, graphics, maps, images and video clips is owned by us or licensed to us and is protected by International Copyright laws. Your use of them is governed by this Agreement, certain end-user licence agreements, and applicable law.

You will infringe our rights if you copy or reproduce any part of the Site save for:

  • a temporary copy of any part of the Site which is automatically made or retained by your browser as you browse the Site; or
  • you printing out any pages from the Site as a record of any Properties or information you have viewed on it; or
  • you printing out a copy of the Terms and Conditions which we would request you to do; or
  • your own personal use provided that:
    • no documents or related graphics, photographs, drawings or illustrations on the Site are modified in any way;
    • no graphics, photographs, drawings or illustrations on the Site are used separately from the corresponding text; and
    • our copyright and trade mark notices and this permission notice appear in all copies.

Other than for the above three exceptions you must not copy the intellectual property in question for any purpose.

For the purposes of this Clause 9 “copy” and “copying” shall include non-literal copying as well as the copying of the structure and form of the Site and any elements within it.

Disclaimers

To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set out in this Agreement is prohibited by any law which is applicable, then, instead of the provisions hereof in such particular circumstance, we shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law and in no event shall such damages or liability exceed ten pounds (£10).

Concerning the Site:

  • You understand and agree that your use of the Site is at your own sole risk. The Site is provided “as is” and without warranty by us, and, to the maximum extent allowed by applicable law, we expressly disclaim all warranties, express or implied including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and any warranty of non-infringement. We do not warrant, guarantee, or make any representations regarding the use or the results of the use of the Site with respect to performance, accuracy, reliability, security, capability or otherwise. You will not hold us responsible for any damages that result from you accessing (including any software or systems you use to access) the website service or using the Site including, but not limited to, infection by virus, damage to any computer, software or systems or portable devices you use to access the same. No oral or written information or advice given by any person shall create a warranty or a representation from us.
  • We make no warranty that any particular device or software you use will be compatible with this Site. It is your sole responsibility to ensure that your system(s) will function correctly with this Site.
  • Under no circumstances shall we be liable for any unauthorised use of the Site.
  • Under no circumstances shall we be liable to you for any direct, indirect, consequential, incidental or special damages arising out of your use of or inability to use the Site, even if we have been advised of the possibility of such damages.

Concerning the Properties listed and/or appearing on the Site:

  • Under no circumstances shall we be liable to you for any direct, indirect, consequential, incidental or special damages arising out of your leasing of any Properties on the Site.
  • Under no circumstances shall we be liable for any errors or incompleteness of the information relating to any Property listed on this Site or if any Property is no longer available to lease nor shall we be responsible for any inaccurate dimensions or plans of any Properties or of any price listed.
  • Our website service permits you to enquire about and to have an opportunity to seek a lease of Properties appearing on or listed on this Site. Such enquiries, or potential leasing can only be made and permitted strictly subject to the terms and conditions set out below. The information on this site is not to be regarded as a recommendation of any Property to you.
  • We do not accept responsibility or liability for the completeness or accuracy of information appearing on this Site.
  • Whilst we believe that the Properties listed are available for lease we make no guarantee that this is the case or that they are still available to lease. All Properties appearing or listed on the Site are subject to changes, errors or omissions. We do not guarantee the accuracy of the information relating to the Properties or any dimensions which have been set out or listed on the Site.
  • All Properties are listed subject to contract and the prices shown are exclusive of VAT if applicable.
  • Misrepresentation Act 1967

For ourselves and for the Lessors of every Property concerned, we give notice that:-

  • All Property particulars are set out as a general outline only for the guidance of intending lessees and do not constitute part of an offer or contract and all statements made are without responsibility on our part.
  • All descriptions, dimensions, references to condition and necessary permissions for use and occupation and other details are given in good faith and are believed to be correct. Notwithstanding, any intending tenants should not rely on them as statements or representations of fact but must satisfy themselves by inspection or otherwise as to the correctness of each of them.
  • No person in our employment has any authority to make or give any representation or warranty whatsoever in relation to any Property appearing or listed on the Site.
  • All maps are for identification purposes only and should not be relied upon for accuracy.
  • Unless otherwise stated, all rentals stated are exclusive of Value Added Tax to which they may be subject.

Finance Act 1989

Unless otherwise stated, all rentals are quoted exclusive of VAT (if applicable).

Property Misdescriptions act 1991

The details of all Properties listed or appearing on this Site are believed to be correct at the time of compilation, but may be subject to subsequent amendment.

Third party rights

This Agreement is only for the benefit of you and us and no other person can claim a benefit from this Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999 which Act shall not apply to this Agreement.

This Agreement and any other terms or documents referred to herein represent your entire agreement with us with respect to your use of this Site. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. English Law governs this Agreement and your use of the Site, and you expressly agree that the English courts shall have exclusive jurisdiction over any claim or dispute between us or relating in any way to your account or your use of this Site.

Acknowledgements

You acknowledge that we may change the terms of this Agreement by posting a new Agreement on the Site. You acknowledge that it is your responsibility to check the Site regularly to ascertain if changes have been made and your continued use of the Site after such a change will constitute your acceptance of the changes.

By using or continuing to use this Site you acknowledge that you have read, understood and agree to be bound by the Terms and Conditions of this Agreement and by our Privacy Policy both of which are available from every page of our website www.almerostudent.com.

Almero Mansions Limited is a limited liability company registered in England and Wales (company number 09444540) and whose registered office is at Bath House, 116 Bath Row, Stamford, Lincolnshire, PE9 2QU.

Our VAT number is 215 5817 12.