Terms & conditions

These Terms were last updated on 2 October 2020.

Welcome to our Site.  Please read the following Website Terms and Conditions carefully (the “Website Conditions”) before using this Site (defined below), so that you are aware of your legal rights and obligations with respect to Student Castle Property Management Services Limited and/or each of its related entities, affiliates and subsidiaries (individually and collectively, “SCPMS”).

By your (or where Clause 1.1.2(iii) applies, your child’s or ward’s) access of this Site, you hereby agree to be legally bound by these Website Conditions.  If you do not accept these Website Conditions, please leave the Site immediately.

1.

Agreement

1.1

You confirm that:
 

1.1.1

you have read these Website Conditions and our Privacy Policy. If you think that there is a mistake in these Website Conditions or Privacy Policy, please contact us at: head.office@capitolstudents.com to discuss;

1.1.2

you are at least 18 years old and have the necessary legal capacity, right, power and authority to agree to these Website Conditions and you are either;
 

(i)

accessing this Site and contracting in your own personal capacity;

(ii)

accessing this Site and contracting on behalf of a corporate entity; or

(iii)

contracting as parent or guardian of a child or ward who is less than 18 years old and who is accessing this Site, in which event you agree as his/her parent/guardian, both in your personal capacity and on behalf of your child/ward, to be bound by these Website Conditions and to be liable for your child’s or ward’s acts and omissions while accessing the Site, and you also agree to ensure that your child or ward observes these Website Conditions;

1.1.3

you are authorised to bind the entity (yourself or your corporate entity) on whose behalf you are contracting and such entity agrees to be bound by these Website Conditions; and

1.1.4

all of the information provided by you to SCPMS (including without limitation personal particulars and contact information) is accurate and complete.

1.2

SCPMS reserves the right to change, modify, suspend or discontinue the whole or any portion of the Site and SCPMS may also impose limits on certain features or restrict your access to parts or the entire Site for business or operational reasons. SCPMS will try to give you reasonable notice of any suspension or withdrawal.

1.3

SCPMS may from time to time vary or amend these Website Conditions by posting the amended Website Conditions at this Site.   Every time you wish to use SCPMS’s site, please check these Website Conditions to ensure you understand the terms that apply at that time. These Website Conditions were most recently updated on 2 October 2020. Any use of the Site after the amendment of these Website Conditions will be deemed to be acceptance of the amended Website Conditions by you.  If you do not agree to the amended Website Conditions, you have the right to close your Account and/or cease using the Site.

2.

Definitions

2.1

In this Agreement, the following definitions shall apply unless the context does not permit such application:
“Account” means a registered account of a Member opened under this Site.
“Agreement” means the agreement formed by these Website Conditions, and in the case of a Member, by these Website Conditions and the Member Conditions.
“App” means any software or mobile application of SCPMS.
“Computer” means your computer, notebook computer, personal digital assistant, mobile phone or other electronic device used to access this Site.
“Content” means materials, information, news, advertisements, listings, data, input, text, songs, audio, video, pictures, graphics, software, blogs, webcasts, podcasts, broadcasts, messages, software, comments, suggestions, ideas and other content.
“Linked Sites” is defined in Clause 8.1.
“Member” means a registered member of the Site.
“Member Conditions” means the terms and conditions applicable to Members accessible here.
“Personal Data” means, data, whether true or not, about an individual who can be identified from that data or from that data and other information to which a party has or is likely to have access.
“Servers” means the computer software, systems and servers hosting, operating, managing, providing or contributing to the Site.
“Site” means the SCPMS website containing the link to these Terms & Conditions.
“SCPMS Content” means all Content of SCPMS that is made available on or via this Site or a SCPMS website.
“Third Party Products” means products and services of third parties, including other users, advertised on or available at the Site or websites linked from the Site.

2.2

The words “include” and “including” shall not be construed as having any limiting effect.

2.3

The headings in this Agreement do not have any legal effect nor shall they affect the construction of this Agreement in any way.

3.

Site

3.1

The Site is owned and maintained by SCPMS.

3.2

To access and use certain areas of the Site, you will be required to register as a Member and additionally shall be bound to strictly comply with the Member Conditions in addition to these Website Conditions.

3.3

From time to time SCPMS may run competitions, promotions and surveys at the Site.  These are subject to additional terms and conditions that will be made available at the time they are run.

4.

Content Use Conditions

4.1

You may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to:
 

4.1.1

any Service;

4.1.2

the Site; or

4.1.3

any SCPMS Content except, to the extent permitted, with the prior written consent of SCPMS or unless expressly permitted in these Website Conditions.

4.2

In addition, you agree not to reproduce, display or otherwise provide access to the SCPMS Content on another website or server, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of SCPMS.

4.3

You may for your personal, non-commercial use:
 

4.3.1

retrieve and display SCPMS Content on any compatible device owned by you;

4.3.2

print a single copy of SCPMS Content on paper (but not photocopy them); and

4.3.3

store such SCPMS Content in electronic form on disk or on a mobile device owned by you (but not on any server or other storage device connected to a network).

4.4

All SCPMS Content are the copyrighted work of SCPMS or its content or software providers, and SCPMS reserves and retains all rights in the SCPMS Content.  Use of some SCPMS Content may be governed by the terms of an accompanying end user license agreement.

4.5

You may not decompile, reverse engineer or otherwise attempt to discover the source code of any SCPMS Content available on the Site or through a Service except under the specific circumstances expressly permitted by law or SCPMS in writing.

5.

Intellectual Property

5.1

The copyright, patents, trademarks, registered designs and all other intellectual property rights in the Site and all SCPMS Content shall vest in and remain with SCPMS.

5.2

The trade marks, logos and service marks (“Marks“) displayed on this Site are the property of SCPMS or other third parties, and all rights to the Marks are expressly reserved by SCPMS or relevant third parties.  You are not permitted to use any Marks without the prior written consent of SCPMS or such third party.  The name of SCPMS or any other Marks may not be used in any way, including in any advertising or publicity, or as a hyperlink without prior written permission of SCPMS.

5.3

The domain name on which the Site is hosted on is the sole property of SCPMS and you may not use or otherwise adopt a similar name for your own use.

5.4

If you have any questions or concerns about these Website Conditions or any issues raised in these Website Conditions or on the Site, please contact us at: head.office@capitolstudents.com.

6.

Online Conduct

6.1

You agree:
 

6.1.1

to comply with these Website Conditions, and such other notices or guidelines that may be posted on the Site by SCPMS from time to time;

6.1.2

not to use any Service or SCPMS Content for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright law;

6.1.3

not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site or Servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming; and

6.1.4

not to use the Account of another Member at any time, whether with or without his/her permission.

7.

Disclaimers & Limitations

7.1

While we make every effort to ensure that all SCPMS Content displayed on the Site is accurate and complete, we provide the SCPMS Content for informative purposes and on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied.  To the fullest extent permissible pursuant to applicable law, SCPMS disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement.  Without limiting the foregoing, SCPMS does not warrant that the functions contained in or access to the Site, SCPMS Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, SCPMS Content or the Servers are free of viruses or other harmful components, or that the download, installation or use of any SCPMS Content in or with any Computer will not affect the functionality or performance of the Computer.  SCPMS does not warrant or make any representations regarding the use or the results of the use of the SCPMS Content,  the Site or the Servers in terms of their correctness, accuracy, completeness, reliability, or otherwise. If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.  

7.2

SCPMS does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over Third Party Products, and SCPMS hereby expressly disclaims all liabilities and responsibilities arising in relation to any Third Party Products whether available or advertised via the Site or on Linked Sites.

7.3

All statements, offers, information, opinions, materials and Third Party Products, from other users and from advertisers and other third parties on this Site should be used, accepted and relied upon only with care and discretion and at your own risk, and SCPMS shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance.

7.4

You agree that:
 
 

access to or the operation of the Site and/or the Servers may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors,
 

and in any such event, SCPMS shall not be liable for any loss, liability or damage which may be incurred as a result.

7.5

 In the event that SCPMS is liable for damages you agree that SCPMS’s aggregate liability to you for any and all causes of action in relation to the SCPMS Content, Site, and the Agreement, shall not exceed  £1,000.

7.6

SCPMS is responsible to you for foreseeable loss and damage caused by SCPMS. If SCPMS fails to comply with these terms, SCPMS is responsible for loss or damage you suffer that is a foreseeable result of the use of, or the inability to use, the SCPMS Content, Site, SCPMS breaking this contract, SCPMS’s failing to use reasonable care and skill but SCPMS is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both SCPMS and you knew it might happen, for example, if you discussed it with us in advance.   
   

7.7

SCPMS does not exclude or limit in any way its liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by SCPMS’s negligence or the negligence of SCPMS employees, agents or subcontractors.

8.

Linked Sites

8.1

SCPMS may provide links to other sites (“Linked Sites“) that may be of relevance and interest to users.  SCPMS has no control over, and is not responsible for the content on the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability of any content on the Linked Sites.

9.

Data Use & Privacy

9.1

Please do not submit any personal information or data without first reading our Privacy Policy which explains our data use and privacy practices in detail.

10.

Termination

10.1

SCPMS has the right in its sole and absolute discretion and without notice to restrict, suspend, or terminate your Account and/or your access to all or any part of the Site, for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

11.

Notification of Infringement

11.1

SCPMS reserves the right to investigate notices of copyright, trade mark and other intellectual property infringement (“Infringement”) in respect of SCPMS Content and other material on the Site (“Infringing Material”) and take appropriate action.  If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on this Site, please notify SCPMS in writing (“Infringement Notice”).

11.2

All Infringement Notices shall be sent to SCPMS addressed as follows:

C/o Student Castle Property Management Services Limited

Mailing address: Third Floor, 16 D'Arblay Street, London, W1F 8EA

Email address:  head.office@capitolstudents.com

11.3

SCPMS will duly consider all Infringement Notices submitted in the above manner.  In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against SCPMS in respect of any Infringing Material, unless you have first given SCPMS the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter SCPMS refuses or fails to remove the Infringing Material within a reasonable time.  Where SCPMS removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against SCPMS under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by SCPMS.

11.4

SCPMS has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on Linked Sites or other third party sites.

12.

Jurisdictional Issues

12.1

This Site is owned and operated by SCPMS in the United Kingdom.  Our Site is directed to people residing in the United Kingdom. SCPMS makes no representation that the Contents of the Site are appropriate or available for use in any other location.  Those who choose to access this Site from any other location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

13.

Severability

13.1

If any provision of these Website Conditions is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Website Conditions shall continue in force save that such provision shall be deemed to be deleted.

14.

Relationship of Parties

14.1

Nothing in these Website Conditions shall constitute or be deemed to constitute an agency, partnership or joint venture between SCPMS and you and neither party shall have any authority to bind the other in any way.

15.

Waiver

15.1

No waiver of any rights or remedies by SCPMS shall be effective unless made in writing and signed by an authorised representative of SCPMS.

15.2

A failure by SCPMS to exercise or enforce any rights conferred upon it by these Website Conditions shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

16.

Rights of Third Parties

16.1

A person or entity who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999  to enforce any term of this Agreement, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.

17.

Force Majeure

17.1

No party shall be liable for any failure to perform its obligations under this Agreement if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.

17.2

For purposes of this Agreement, a “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party’s country or in the territory, and which results in the party being unable to observe or perform on time an obligation under this Agreement.  Such circumstance or event shall include industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.

18.

Governing Law & Jurisdiction

18.1

These Website Conditions and all matters relating to your access to, or use of, this Site shall be governed by and construed in accordance with the laws of England and Wales and you can bring legal proceedings in respect of the Site in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Site in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Site in either the Northern Irish or the English courts.

 

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