Website terms and conditions

These Terms and Conditions apply to the entire contents of the website under the domain name www.fivenights.com (Website) and to any correspondence between us and you. Please read these Terms and Conditions carefully before using the Website. Using the Website indicates that you accept these Terms and Conditions together with our Privacy Policy regardless of whether or not you choose to register with us. If you do not accept these Terms and Conditions and/or our Privacy Policy, you must leave the Website immediately.

The Website is operated by White Rose Software Limited registered in England and Wales under Company Number 04061420 and under VAT Number 762526719 (Company). The Company’s registered address is fivenights.com, 10 Moorcroft Court, Great Boughton, Chester, Cheshire. CH3 5JZ.

1. Introduction

1.1 You may access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register.

1.2 By accessing any part of the Website, you shall be deemed to have accepted these Terms and Conditions and our Privacy Policy in full. If you do not accept these Terms and Conditions in full and/or our Privacy Policy, you must leave the Website immediately.

1.3 The Company may revise these Terms and Conditions at any time by posting an updated version of these Terms and Conditions on the Website, at which point they will be immediately effective and binding upon you. You should check the Website from time to time to review the then current Terms and Conditions, because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated terms located on particular pages of the Website, those expressly designated terms take precedence over these Terms and Conditions.

1.4 There are various guidance documents available on the Website which aim to assist you through the process of letting or renting a room. Subject to these Terms and Conditions, the Company advises all users of the Website to carefully consider the contents of those documents. The Company does not guarantee, warrant or represent that licensing a room to a lodger or renting a room from a landlord is suitable in your personal circumstances.

2. Landlord Membership

2.1 Landlord users are entitled to a free Basic Membership, which will allow you to:

(a) submit an advertisement for moderation by the Company;

2.2 Landlord users have the option to upgrade to a Premium Membership which, in addition to the capabilities of the basic membership summarised in clause 2.1 above, also allows the landlord to:

(a) display their advert on the site;

(b) receive notifications that messages have been received from prospective lodgers including the content of the message received;

3. Lodger Membership

3.1 Lodgers can create an account on the Website for free. This free service will allow you to message landlords as well as other lodgers and read other user’s profiles.

4. Pausing Advertisements

4.1 Landlords have the ability to hide their advertisements and thus make them invisible to other users of the Website.

4.2 Advertisements cannot be hidden for any longer than 12 months and any advertisements that landlords attempt to show after that period may be removed from the Website by the Company at their absolute and sole discretion.

5. Payment

You acknowledge and accept that:

(a) all payment processing, including collection of financial information and processing of payment and/or approval is undertaken a third party known as PayPal (Europe) S.à r.l. et Cie, S.C.A. (PayPal); and

(b) the Company simply passes to PayPal a specification or description of the product purchased and its value in order that PayPal may provide the Company with notification of successful payment; and

(c) on receipt of notification detailed in clause 5(b) above the Company will upgrade the landlord’s account from Basic Membership to Premium Membership.

6. USER MATERIAL AND CONDUCT

6.1 Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

6.2 You are prohibited from posting or transmitting to or from the Website any material, whether written or photographic:

(a) that includes:

(i) your phone numbers; or

(ii) your web addresses; or

(iii) your email addresses; or

(iv) your full name; or

(v) terms such as “view me on Facebook” or “follow me on Twitter”;

(vi) any other details which may entice users away from the Website.

(b) that you know to the best of your knowledge to be untrue, inaccurate and/or misleading; or

(c) that is threatening, defamatory, obscene, sexually suggestive, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or

(d) for which you have not obtained all necessary licences and/or approvals; or

(e) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or

(f) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

6.3 You must not use automation software to send multiple messages to other users of the Website.

6.4 You may not misuse the Website (including, without limitation, by hacking).

6.5 Whilst the Company aims to moderate all content, the Company does not guarantee, warrant or represent that material considered to be covered in clause 6.2 will be immediately removed or deleted from the Website. Failure by the Company to remove or delete such content does not waive the Company’s right to do so in subsequent or similar instances, does not hold the Company liable for such content and does not amount to the Company’s endorsement of it.

6.6 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of any of these Terms and Conditions.

7. CANCELLATION

7.1 The Company in its sole and absolute discretion may ban you from the Website if it considers that you have breached either any of these Terms and Conditions. Such a ban may be permanent or temporary and you will not be entitled to a refund in relation to any sums paid to the Company. In these circumstances you shall be notified of your ban and you must not then attempt to use the Website under any other name or through any other user’s account.

7.2 Where you advertise on a commercial basis you are not, under any circumstances, entitled to a refund.

7.3 Where you are a consumer pursuant to the Consumer Protection (Distance Selling) Regulations 2000 you may cancel the placement of an advertisement within 7 days after the day that the advertisement was submitted to the Company. You accept that where the Company has begun providing services in relation to the advertisement (to include, but not be limited to, reviewing the advertisement for moderation purposes) before the expiry of the 7 day period the right to cancel is lost.

7.4 Where the Company commits a publishing error or misprint in relation to the moderation of an advertisement you must notify the Company of such an error with 7 days of publication. In such circumstances the Company may at their sole and absolute discretion remove the advertisement from the Website and provide you with a partial refund, a full refund or re-advertise the advertisement. The removal, re-advertisement, partial refund or full refund shall not apply where publishing the error or misprint fails to materially detract from the advertisement when it is considered in its totality or where notification of the publishing the error or misprint is not brought to the Company’s attention within 7 days of publication of the advertisement.

8. SERVICE ACCESS

8.1 While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period.

8.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control.

9. LICENCE

9.1 You are permitted to print and download extracts from the Website for your own personal, non-commercial use on the following basis:

(a) no documents or related graphics on the Website are modified in any way;

(b) no graphics on the Website are used separately from the corresponding text; and

9.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of these Terms and Conditions, any use of extracts from the Website other than in accordance with clause 9.1 for any purpose is prohibited. If you breach any of these Terms and Conditions, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.

9.3 Subject to clause 9.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company's prior written permission.

9.4 Any rights not expressly granted in these Terms and Conditions are reserved.

10. LINKS TO AND FROM OTHER WEBSITES

10.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does 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 Website, you do so entirely at your own risk.

10.2 You may only create links to the Website provided you have first obtained our express written permission to do so, such consent to be provided at the Company’s absolute and sole discretion and is provided upon the following conditions:

(a) that you link to, but do not replicate, the home page of the Website;

(b) you do not remove, distort or otherwise alter the size or appearance of any logos;

(d) you do not in any way imply that the Company is endorsing any products or services other than its own;

(e) you do not misrepresent your relationship with the Company nor present any other false information about the Company;

(f) you do not otherwise use any trade marks displayed on the Website without express written permission from the Company;

(g) you do not link from a website that is not owned by you; and

(h) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

10.3 The Company expressly reserves the right to revoke the right granted in clause 10.2 for breach of these Terms and Conditions and to take any action it deems appropriate.

10.4 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of clause 10.2.

11. REGISTRATION

11.1 Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.

11.2 You are solely responsible for maintaining the confidentiality of your password. You must therefore take steps to ensure that others do not gain access to your password and account.

12. WEBSITE COOKIES

12.1 The Website uses numerous cookies. A cookie is a small file of letters and numbers that we put on your computer if you agree. These cookies allow us to distinguish you from other users of the Website, which helps us to provide you with a good experience when you browse the Website and also allows us to improve our site.

12.2 The cookies we use are "analytical" cookies. They allow us to recognise and count the number of visitors and to see how visitors move around the site when they are using it. This helps us to improve the way the Website works, for example by ensuring that users are finding what they are looking for easily.

12.3 You can instruct you web browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the Website. If you do not accept cookies, however, you will not be able to use the portions of the Website that requires you to signup or login.

13. DISCLAIMER

13.1 While the Company endeavours to ensure that the information on the Website (or contained within any document obtained from the Website) is accurate and correct, the Company does not warrant the accuracy or completeness of the material and the Company does not under any circumstances accept responsibility for the accuracy or otherwise.

13.2 The Company may make changes to the material on the Website, or to the products and services described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material.

13.3 The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these Terms and Conditions, might have effect in relation to the Website.

13.4 The Company’s service to you is an introductory service only and accordingly:

(a) The Company makes no guarantee, representation or warranty in relation to the results from the use of the Website.

(b) The Company does not under any circumstances endorse any of the landlords or any of the rooms that appear to be advertised on the Website and does not and cannot make any guarantee, representation or warranty as to the availability, quality, compliance with relevant legislation of the room advertised nor any guarantee, representation or warranty in relation to the reliability, honesty or behaviour or the landlord and/or any other occupier of the property. The Company is not giving you advice and cannot be held responsible for any resulting loss or damages of any nature whatsoever or howsoever arising; and

(c) The Company does not under any circumstances endorse any of the lodgers or any of their details that appear to be included on the Website and does not and cannot make any guarantee, representation or warranty as to their reliability, honesty, behaviour or credit worthiness (including past rental history or ability to pay rent). The Company is not giving you advice and cannot be held responsible for any resulting loss or damages of any nature whatsoever or howsoever arising.

14. GENERAL

14.1 These Terms and Conditions and our Privacy Policy are not intended to affect your statutory rights if you are a consumer.

14.2 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of these Terms and Conditions.

14.3 If any of these Terms and Conditions and/or our Privacy Policy are held to be unenforceable in whole or in part, the remaining terms shall continue to be valid. No waiver by the Company shall be effective expect in relation to the matter in respect of which it was specifically provided.

14.4 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.

14.5 Nothing in these Terms and Conditions and/or our Privacy Policy shall exclude or limit the Company's liability for:

(a) death or personal injury caused by negligence; or

(b) fraud; or

(d) any liability which cannot be excluded or limited under applicable law.

14.6 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

14.7 Nothing in these Terms and Conditions and our Privacy Policy is intended to confer on any person any right to enforce any provision of these Terms and Conditions and/or our Privacy Policy which that person would not have had but for the Contracts (Rights of Third Parties) Act 1999 or subsequent legislation.

14.8 These Terms and Conditions and our Privacy Policy shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms and Conditions and/or our Privacy Policy shall be subject to the exclusive jurisdiction of the English courts.

14.9 Notice given under these Terms and Conditions and/or our Privacy Policy shall be in writing in the English language (or be accompanied by a properly prepared translation into English), shall be sent for the attention of the Company and to the postal address found at the bottom of Website’s pages.

Issue Date: 01/10/2013