Terms and Conditions - Save my Racket

INTRODUCTION

Welcome to www.savemyracket.com (this ‘Website’).

For the purposes of these Terms and Conditions ‘We’, ‘Our’ and ‘Us’ refers to SAVE MY RACKET. Please review these Terms and Conditions carefully before using this Website.
By using or accessing this Website (whether as a guest or a registered user) you confirm your agreement to these Terms and Conditions. Your use of this Website is at all times subject to these Terms and Conditions (which form a legally binding contract between SAVE MY RACKET and you) and all applicable laws. If you do not agree to these Terms and Conditions, do not use this Website.

These Terms and Conditions apply to the services available from www.savemyracket.com and any of its current or future sub-domains (the “Services”). We reserve the right to change these Terms and Conditions from time to time. Any such changes will be displayed on this Website. Your continued use of this Website following such changes will be deemed to be your acceptance of such amended Terms and Conditions. If you do not accept any such changes, you should stop using this Website.

DATA PROTECTION

Save as provided elsewhere in these Terms and Conditions or as expressly agreed otherwise, any personal information you supply to Us when you use this Website will be used in accordance with Our Privacy Policy.
When any interested party enquires about a property, We will automatically forward them the relevant owner’s contact details. If the interested party gives their permission, We will forward their contact details to the owner.

PROPERTY RIGHTS AND USE OF MATERIAL

All trademarks, copyright, database rights and other intellectual property rights in the materials on this Website (as well as the organisation and layout of this Website) together with the underlying software code and any other information provided to you in the course of the receipt of any Services, are owned or licensed directly by Us. Without Our prior written permission, you may not copy, reproduce, reverse engineer, modify, create derivative works from, publish, transmit, distribute, or otherwise publicly display, or sell or transfer any material on this Website or the underlying software code or any other information provided to you in the course of the receipt of any Services, whether in whole or in part. However, a single copy of the contents of this Website may be downloaded, printed or copied for your personal non-commercial use.

If you breach any of these Terms and Conditions, your permission to use the materials on this Website and any other information provided to you in the course of the receipt of any Services, automatically ceases and you must immediately destroy any copies you have made.

CONTENT

When you give Us content, you grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers), licence to use, display, distribute and reproduce such content in whole or in part in any media, including via our Partners’ Websites as set out below. (We need these rights to host and display your content.)
You warrant that all content (including, but not limited to, photographs) provided by you is accurate and does not infringe the rights of any third party and you shall indemnify us and keep us indemnified against any claim against Us by any third party in relation to any such infringement

ACCEPTABLE USE

You may only use this Website in accordance with these Terms and Conditions and, in any event, only for lawful and proper purposes. It is your responsibility to comply with all applicable laws, regulations and codes of practice within the UK or other jurisdiction from which you are accessing this Website.

In particular, you agree that you will not:

Post, transmit or disseminate any information on or via this Website which is or may be harmful, obscene, defamatory or otherwise illegal
Use this Website in a manner which causes or may cause an infringement of the rights of any other person
Make any unauthorised, false or fraudulent advertisement
Use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of this Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means
Deface, alter or interfere with the front end look and feel of this Website or the underlying software code
Use any robot, spider, scraper or other automated means to access this Website for any purpose or use any robot, spider, scraper or other automated means or any manual process to monitor, copy or extract any material on this Website without the prior written consent of SAVE MY RACKET
Violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website
Carry out any “caching”, “framing” or “mirroring” of any material on this Website
Take any action that imposes an unreasonable or disproportionately large load on this Website or related infrastructure
Obtain or attempt to obtain unauthorised access, via whatever means, to any of Our networks
In the case of owners or property agents advertising on the Site, use the Site to promote any other property or service other than that represented in the specific advertisement or listing for which you have paid

Without prejudice to any of Our other rights (whether at law or otherwise) We reserve the right to:

Cancel your advertisements without reference or refund to you; and/or
Deny you access to this Website

where we believe (in Our absolute discretion) that you are in breach of any of these Terms and Conditions.

LINKS TO OTHER WEBSITES

This Website may include links to other internet sites. We do not endorse any such websites and We are not responsible for the information, material, products or services contained on or accessible through those websites. Your access and use of such websites remains solely at your own risk.

LIMITATION OF LIABILITY

Save as provided elsewhere in these Terms and Conditions, to the maximum extent permitted by law, We exclude all warranties, conditions or other terms, whether express or implied, whether by statute, case law, custom or otherwise in relation to this Website or any Services, including without limitation as to satisfactory quality, fitness for particular purpose, non-infringement, availability, compatibility, accuracy or completeness.

You acknowledge and agree that:
The material on this Website is only for information purposes and is provided on an “as is” and “as available” basis without representation or endorsement of any kind and is obtained at your own risk. The material on this Website does not constitute advice and you should not rely on any material in this Website to make (or refrain from making) any decision or take (or refrain from taking) any action. Neither SAVE MY RACKET nor any participant in this Website and its Services provides professional advice of any kind and use of such advice or other information is solely at your own risk and without Our liability of any kind.

SAVE MY RACKET will not be liable if for any reason this Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond SAVE MY RACKET’s control. SAVE MY RACKET makes no warranty that this Website (or websites which are linked to this Website) is free from computer viruses or any other malicious or impairing computer program.

The material on this Website may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information on this Website up to date or liability for any failure to do so.

We have no control over, do not guarantee, and you will not hold Us responsible for:

viewings or management of properties;
the quality, safety or legality of items advertised;
the truth or accuracy of listings;
the truth or accuracy of feedback or other content posted by users on this Website;
the ability of users to vend or pay for items; or
whether a user will actually complete a transaction.

You should not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on this Website.

You accept sole responsibility for the legality of your actions under laws applying to you in connection with your use of this Website and/or the receipt of any Services
SAVE MY RACKET cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users’ purported identities or the validity of the information which they provide to us or post on this Website.

While we will use our reasonable endeavours to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our Services.

Save as provided elsewhere in these Terms and Conditions, to the maximum extent permitted by law, We (including Our affiliates, officers, directors, agents, subcontractors and employees) will not be liable to you in contract, tort (including negligence) or otherwise for any liabilities, damages or losses (whether direct, indirect, consequential, special or otherwise) incurred or suffered by you or any third party in connection with this Website, or in connection with the use, inability to use, or results of the use of this Website, any websites linked to it and any materials posted on it. We do not limit liability for fraudulent misrepresentation or death and personal injury arising from Our negligence.

THIRD PARTY MATERIAL AND SERVICES

This Website contains material (including but not limited to advertisements) submitted and created by third parties. All third party material is published by SAVE MY RACKET in good faith. SAVE MY RACKET does not accept any responsibility for the accuracy of such material (nor is any warranty expressed or implied by publication) and SAVE MY RACKET specifically disclaims and excludes all liability to any person (be they advertiser, reader or user) for any loss or damage of any nature whatsoever or however arising from any error, omission or inaccuracy in such material and SAVE MY RACKET takes no responsibility for such material.

In the event that you purchase or obtain any goods or services from a third party then your acquisition of such goods or services will be in accordance with the third party’s terms and conditions and SAVE MY RACKET will have no liability to you in respect of the same.

You agree that SAVE MY RACKET has not conferred by implication, or otherwise, any licence or right under any patent, trademark or copyright (except as expressly provided) of SAVE MY RACKET or of any third party.

INDEMNITY

You agree to indemnify, defend and hold Us harmless from any liability, loss, claim and expense (including reasonable legal fees) related to your breach of these Terms and Conditions.
Additional terms for Owners advertising properties on this Website

DESCRIPTIONS

It is entirely your responsibility to make sure that all personal and property particulars held by Us are correct. We are not responsible for any miss-descriptions that have been provided by you.

If you are an owner, you may not upload any corporate or other logo, image or brand identifier to your property description or include the same in any image you submit to Us. Similarly, you must not include your phone number, website address or email address to your property description.

Property descriptions must include a minimum of one useable photograph of the relevant property and a written description of no less than 100 words.

Owners may not use interested party enquiries acquired via the Site to generate interest or further enquiries by any means or method for properties not listed on the Site by the owner. SAVE MY RACKET reserves the right in its absolute discretion to delist an offending owner’s properties from the Site without offering a refund.

OWNER & INTERESTED PARTY DISPUTES

Any dispute that arises between an owner and interested party who have used Our service will be resolved solely by the owner and interested party. We are not responsible and shall have no liability for any disagreements or disputes that may arise throughout a tenancy term.

OWNERS’ RESPONSIBILITIES

You accept sole responsibility for the legality of your actions under laws applying to you and your property and the legality of any items you list on this Website.

We reserve the right to reject, at our sole discretion, any property listing on the Website.

EDITING AND DELETIONS

If you wish to amend any details about your property or personal particulars please log into your online owner console, using your username and password in the first instance; alternatively, you can email all amendments to ace@78.129.237.105. All amendments will be activated within 24 hours of processing your email request.

We reserve the right to remove property listings from this Website if we have reasonable cause to believe the property is no longer available for sale. We will use reasonable endeavours to notify you by email prior to such removal.

If a user reports a miss-description in your property listing, we reserve the right to remove the relevant listing from this Website and to contact you to request confirmation that the advert is correct. Upon receipt of such confirmation, we will decide, at our sole discretion, whether to re-instate your advert.

If you wish to remove an advert this can be carried out by logging into your online owner console, using your username and password in the first instance; alternatively, you can email the property address to ace@78.129.237.105 and clearly stating within the email that the advert is to be removed.

Once a property has been removed from this Website we are unable to advertise the property again unless payment has been received in full for a new term.

SUBSCRIPTION FEES

You will pay us the applicable subscription fee listed on this Website (as amended from time to time) at the time of your use of the relevant Services (plus any applicable taxes (including any value added tax)). Subscription fees are payable in GB pounds sterling using SagePay via this Website at such frequency as listed on this Website in respect of the relevant Services. We may choose to temporarily change the fees for Our Services for promotional events or new Services and such changes are effective during the period set out on the relevant page of this Website.

SAVE MY RACKET may telephone or email you with offers of additional services which We offer. If you order additional services over the telephone, We will follow-up that telephone call with an email to confirm your wish to purchase those services and send you periodic invoices once We have started providing the services to you. If you indicate your wish to purchase services online via this Website, We will send you a confirmatory email and send you periodic invoices once We have starting providing the services to you.

LIMITATION OF LIABILITY FOR SERVICES

We shall not be liable for any failure in, or delay in, performing the Services to the extent directly prevented or delayed by:

any information and documentation provided to Us by you or on your behalf or by any interested party in relation to the Services
any information provided to Us by you or on your behalf or by any of your interested parties being materially incomplete, inaccurate, illegible, out of sequence or in the wrong form, or arising from their material late delivery or non-delivery
any failure by you to comply with your obligations as expressly set out in any description of the relevant Services listed on this Website (as amended from time to time) (the “Services Description”)
any act or omission by the interested parties in your property. It is your responsibility to procure that your interested parties cooperate with Us to allow Us to provide the Services. We reserve the right not to deal with uncooperative interested parties and to suspend Our Services in relation to an affected property altogether or for such period as We in Our absolute discretion shall determine.

We do not limit liability for fraudulent misrepresentation or death and personal injury arising from Our negligence. We (including Our affiliates, officers, directors, agents, subcontractors and employees) will not be liable to you in contract, tort (including negligence) or otherwise for indirect or consequential loss incurred or suffered by you or any third party (including without limitation any of your interested parties) in connection with the receipt of any Services. Subject to the forgoing, to the maximum extent permitted by law, Our (including Our affiliates, officers, directors, agents, subcontractors and employees) aggregate liability, whether in contract, tort (including negligence) or otherwise for any loss incurred or suffered by you or any third party (including without limitation any of your interested parties) in connection with the receipt of any Services is limited to the amount of any Fees paid by you in respect of the relevant Services.

TERMINATION

Our provision of any Services is subject to your payment of the subscription fees in accordance with these Terms and Conditions. We may terminate any Services provided to you at any time on not less than 7 days’ notice. We may terminate any Services provided to you immediately by notice in the event that any amount payable by you under these Terms and Conditions remains outstanding more than 10 days after the due date (except for room listings where these are terminated on the same day payment is due).

MISCELLANEOUS

These Terms and Conditions and the Privacy Policy and any relevant Services Description contain all the terms of your agreement with Us relating to your use of this Website and any Services. No other written or oral statement (including statements in any brochure or promotional literature published by us) will be incorporated.

SAVE MY RACKET may at any time and without liability modify, suspend or discontinue this Website (or any part thereof), with or without notice, for any valid technical, operational or commercial reasons.

This Website is controlled by SAVE MY RACKET from its premises in the UK. SAVE MY RACKET makes no suggestion that this Website is suitable or accessible for use in other places, and access to it from territories where its substance is illegal is prohibited. Those who choose to access this Website from other places are responsible for observance with relevant local laws and do so on their own initiative. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms and Conditions, which will remain in full force and effect. No waiver of any term of these Terms and Conditions will be deemed a further or continuing waiver of such term or any other term.

These Terms and Conditions and your use of this Website will be governed by and construed in accordance with English law. You and SAVE MY RACKET agree to submit to the exclusive jurisdiction of the English Courts.

QUERIES

If you have any questions or queries regarding any of the Services or products featured please send an email to ace@78.129.237.105.