Terms and Conditions
On-Line User Licence & Membership Agreement
Accessing the online service on leaseholdersunited.com by completing the online sign-up form and clicking on the 'Register with Leaseholderunited' button during the registration process means that you are accepting and will be bound by these current Terms and Conditions, which may be updated from time to time.
1. Definitions
"LeaseholdersUnited" means LeaseholdersUnited (company number 04291432) whose registered address is 11 Weston Road, Southend on Sea, Essex
"leaseholdersunited.com" means the online property information exchange at that web address whereby users can access information on property costs, upload information into databases ("Usergroups"), view information stored in those Usergroups and send messages to other Members.
"Data" means all of the information, records and data fields in any format, whether existing at the time of registration or not, stored on and/or derived from leaseholdersunited.com
"Member" means a user who has registered as a user of leaseholdersunited.com in order to take advantage of the benefits accorded to Members and "Membership" shall be construed accordingly;
"Messaging" means the internal email messaging system that is accessed via a Usergroup
2. Grant of Licence and Term
(A) LeaseholdersUnited grants you a non-exclusive, non-transferable limited licence to use leaseholdersunited.com subject to these terms and conditions.
(B) As a Member you may:
(i) access the Free and Paid guides.
(ii) use the Property Cost tool.
(iii) upload information into Knowledge bases and then view the information in that knowledge base.
(iv) send and receive messages to and from other members in your usergroup
(v) Your level of access to the services at (i) to (iv) above is dependent on whether you are a free or paid member.
(vi) Membership fees are non-refundable
3. Data
The Data contained in leaseholdersunited.com contains material proprietary to LeaseholdersUnited and/or other right holders and is protected by copyright and/or database right and/or other intellectual property rights. Except for the licence granted herein, all rights, title and interest in the Data in all formats and media throughout the world including all copyrights and/or database right and/or other intellectual property rights are and shall continue to be the exclusive property of LeaseholdersUnited and/or other right holders as appropriate.
Any data you add to LeaseholdersUnited either directly from your own knowledge or collected using hyperlink tools from Leaseholdersunited.com you do for your own private purposes.
4. Use and Restrictions
(A) Only a Member may use the services of Leaseholdersunited.com. Use of the Data is strictly limited to such Member for that Member's own internal business purposes.
(B) Access to and use of leaseholdersunited.com for Members is through the use of a username and password. You agree to ensure that your username and password are kept confidential and not to permit any unauthorized third party to use the same. You agree to notify LeaseholdersUnited immediately of any unauthorized use of leaseholdersunited.com on your membership account or any other relevant breach of security known to you.
(C) You may not:
(i) publish in any media, distribute, sell, loan, lease or transfer the whole or any part of the Data to or for third parties in any manner whatsoever, or otherwise infringe any copyright, database right and/or other proprietary interest of Leaseholdersunited.com Ltd and/or its members;
(ii) sell, loan, lease or transfer any rights granted to you hereunder to any other person unless you have first obtained the written consent of LeaseholdersUnited and the other person has agreed to be bound by these terms and conditions;
(iii) modify, adapt, translate, reverse engineer, disassemble or decompile any part of leaseholdersunited.com or the Data to enhance it in any way, save to the extent expressly permitted by law; or post aggressive hyper links to other websites which attempt to redirect, hijack, install dialers or infect computers with trojans, viruses, worms, malware or tracking cookies while you are connected to leaseholdersunited.com;
(iv) copy or transfer any of the Data onto any other medium or make any part of the Data available to the public, except as expressly permitted by this Agreement;
(v) contact any of the businesses or individuals on leaseholdersunited.com for the purposes of creating a database or directory, whether in electronic format or otherwise, for publication or sale or other than for the authorized uses as set out herein;
(vi) use any of the Data to send or make communications which are defamatory, obscene, offensive or in breach of any law;
(vii) use the email messaging to contact other members within a Usergroup for a purpose not directly related to the Data they have supplied;
(viii) use any of the material contained in leaseholdersunited.com for any direct marketing campaign, electronic or otherwise;
(viii) use leaseholdersunited.com to threaten, harass, stalk or abuse another Member and you agree to refrain from using expressions or postings of a bigotry, racist or homophobic nature.
5. Liability - Please note that the following povisions restrict and exclude LeaseholdersUnited's liability to you. You acknowledge that LeaseholdersUnited is entering into this Agreement in reliance upon the limitations of liability set forth herein and that the same is an essential basis of the bargain between the parties.
(A) SUBJECT TO CLAUSE (B) NEITHER LEASEHOLDERSUNITED NOR ANY OTHER PERSON WHO HAS BEEN INVOLVED IN THE CREATION OR PRODUCTION OF LEASEHOLDERSUNITED.COM MAKES ANY WARRANTIES OR REPRESENTATIONS WITH RESPECT TO LEASEHOLDERSUNITED.COM, ITS CONTENT OR ANY OTHER MATTER WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW, TRADE USAGE, COURSE OF DEALING OR OTHERWISE ALL OF WHICH ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
(B) LEASEHOLDERSUNITED DOES NOT WARRANT OR GUARANTEE THAT LEASEHOLDERSUNITED.COM ON-LINE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OR AVAILABILITY OF LEASEHOLDERSUNITED.COM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN LEASEHOLDERSUNITED.COM WILL BE CORRECTED. YOU SHALL ACCESS AND USE LEASEHOLDERSUNITED.COM AT YOUR OWN RISK AND IN NO EVENT WILL LEASEHOLDERSUNITED LTD BE LIABLE TO YOU FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE OF ANY KIND (EXCEPT PERSONAL INJURY OR DEATH RESULTING FROM LEASEHOLDERSUNITED'S NEGLIGENCE) INCLUDING LOST PROFITS OR OTHER CONSEQUENTIAL LOSS ARISING FROM YOUR USE OF OR INABILITY TO USE LEASEHOLDERSUNITED.COM OR FROM ERRORS OR DEFICIENCIES IN IT WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE OR FROM ANY LOSS OF DATA (INCLUDING DATA INPUT BY YOU) ON LEASEHOLDERSUNITED.COM
(C) WHERE YOU TAKE DELIVERY OF DATA BY EMAIL, SUCH DELIVERY WILL BE AT YOUR OWN RISK. LEASEHOLDERSUNITED DOES NOT WARRANT THAT THE DATA OR FILE DELIVERED ARE FREE FROM ANY ERRORS, VIRUSES, WORMS OR OTHER DESTRUCTIVE FEATURES AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE SUFFERED AS A RESULT OF THEM. LEASEHOLDERSUNITED SHALL ASSUME RECEIPT OF EMAILED INFORMATION BY YOU UNLESS INFORMED TO THE CONTRARY.
(D) IN ANY EVENT LEASEHOLDERSUNITED'S ENTIRE LIABILITY SHALL BE LIMITED TO THE PURCHASE PRICE OF THE DATA IN RELATION TO WHICH LEASEHOLDERSUNITED LIABILITY ARISES.
You further agree to indemnify LeaseholdersUnited in full for any legal proceedings brought against LeaseholdersUnited which are a direct result of your actions or while using leaseholdersunited.com. LeaseholdersUnited reserves the right to close leaseholdersunited.com for maintenance or otherwise, or to add, amend or delete website content, and to amend this Agreement without prior notice or explanation
6. Disclaimer
The contents of leaseholdersunited.com is provided by Members. Accordingly, we do not make any representation or endorsement whatsoever regarding the accuracy or correctness of the information supplied by the Members and do not give any warranty of any kind whether express or implied in respect of the contents of this website and/or the information supplied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Any products and services (including third party products and services) provided to you by means of leaseholdersunited.com shall have limited warranties as contained in these terms and conditions.
leaseholdersunited.com reserves the right to remove details of any Member from the site and/or any information which is reasonably suspected to be inaccurate or incorrect.
7. Data Protection
(A)All personal information you supply to us will be treated in accordance with Data Protection Act 1998. The nature of leaseholdersunited.com means that we will obtain, use and disclose (together "Use") certain information about you. This statement sets out the principles governing our Use of information supplied by you on this site. By registering to use the site you agree to this Use.
(B)To enable us to monitor and improve leaseholders.com, we gather certain aggregated information about you when you use it, including details of your operating system, browser version, domain name and IP address, the URL you come from and got to and the parts of our site you visit.
(C) We use cookies only to store information such as your user ID and your session identifiers and password to enable us to identify whether you are registered on to the site and, if so, to shortcut your access to the site and any products. We will only read cookies from your cookie file placed there through your web browser's interaction with the site.
(D) leaseholdersunited.com may from time to time link you to other web sites. Under no circumstances are we to be held responsible for their data policies, procedures or their content and any reference on leaseholdersunited.com to any persons, products, web sites or services does not constitute or imply an endorsements, recommendation or favouring by LeaseholdersUnited
(E) We endeavour to take all reasonable steps to protect the personal data and information supplied by you to us including the use of encryption technology, but we cannot guarantee the security of any data or information you disclose online. When using leaseholders.com you are accepting the inherent security implications of being and transacting online using the internet and will not hold us responsible for any breach of security unless we have been negligent or in wilful default.
8. Indemnity
You shall indemnify LeaseholdersUnited and/or its officers and/or agents in respect of any loss or damage whatsoever (including costs) which it or they may suffer or incur directly or indirectly from any failure to comply with the terms of this Agreement by you or by your employees or agents or by any other party acting through or with you.
9. Breach and Termination
Your rights to use leaseholdersunited.com and the Data or any part thereof shall automatically may be terminated at any time by LeaseholdersUnited with immediate effect on written notice to you if you breach any term under this Agreement.
10. Entire Agreement
This Agreement sets out the entire complete and exclusive agreement and understanding between you and LeaseholdersUnited relating to its subject matter and each of the parties hereby acknowledges and agrees that in entering into this Agreement it has not relied on any representation, conditions or warranties including without limitation any implied representations, conditions or warranties otherwise than as expressly set out in this Agreement.
11. Notices
Any notice or other communication served under this Agreement shall be in writing and sent by post or by electronic mail and shall be deemed delivered upon receipt by the party to whom the communication is directed at the address specified below. If to LeaseholdersUnited, the email notice shall be addressed to notices@leaseholdersunited.com and other written notices addressed to:
LeaseholdersUnited Ltd
10 Fenchurch Avenue
London EC3M 5BN
If to you, the notice shall be addressed to the most up to date contact details provided by you.
12. Miscellaneous
If any of the clauses under this Agreement should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which the clause is intended to be effective, then to the extent and within the jurisdiction which that clause is illegal, invalid or unenforceable, it shall be severed and deleted from that clause and the remaining clauses shall survive, remain in full force and effect and continue to be binding and enforceable.
13. Governing Law
This Agreement shall be governed by and construed in accordance with English law and the parties irrevocably submit to the non-exclusive jurisdiction of the English Courts in respect of any dispute which may arise.