2. Modification. To the extent permissible by applicable law, we may amend the Agreement from time to time in our sole discretion, without specific notice to you. The latest Agreement will be posted on the Sites, and you should review the Agreement prior to using the Sites and/or Services. By your continued use of the Sites and/or Services, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement and in effect at that time.
3. Registration. In order to obtain access to the subscription-based Services, you must first submit the applicable registration data, which may include some or all of the following: (a) your full name; (b) e-mail address; (c) billing address; (d) daytime, evening and/or cellular telephone numbers; (e) date of birth; (f) move in date (g) user name and password (h) credit card information; and/or (j) any other information requested on the applicable form (collectively, “Registration Data”).
4. Services. An Account will enable you to utilize the Sites’ many Services and other features including, but not limited to, the submission of applications for the tenancy of rental properties (the “Content”). To the extent permissible by applicable law, you understand and agree that TH Ltd is not responsible or liable in any manner whatsoever for your inability to use the Services or any matter relating to the Content.
5. Disclaimers. The Services and/or the Sites may contain Content provided directly by other third parties, and not TH LTD. Such Content and/or other information should not necessarily be relied upon. Those third parties are solely responsible for the accuracy, completeness, appropriateness or usefulness of such materials. TH LTD does not represent or warrant that the Content made available by and through the Services and/or the Sites is/are accurate, complete or appropriate. To the extent permissible by applicable law, you understand and agree that TH LTD will not be responsible for, and TH LTD undertakes no responsibility to monitor, or otherwise police, such Content. To the extent permissible by applicable law, you agree that TH Ltd shall have no obligation and incur no liability to you in connection with any such Content made available by and through the Services and/or the Sites by third parties.
6. Payment. You may be required to make payments via a third party for the use of some of the Services, such as the payment of a Reservation Fee. You can make payments by providing your credit or debit card or other banking information to Sage Pay Europe Limited or Asperato Ltd. By using Sage Pay Europe Limited or Asperato Ltd to make any payment, you are agreeing to comply with their terms and conditions.
TH Ltd or Sage Pay Europe Limited may change its billing provisions whenever necessary, in its sole discretion. Continued use of the Services shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the billing provisions shall not apply to any charges incurred prior to the applicable amendment or modification.
7. Cancellation of Account / Dormant Accounts. You may cancel your Account at any time if you are not completely satisfied, by using the cancellation methods provided on the Sites. Upon any termination and/or cancellation of your subscription, your licence grant and right to use the Content, as set forth in Section 8 below, shall immediately terminate.
8. Licence Grant. As a User of the Sites, you are granted a non-exclusive, non-transferable, revocable and limited licence to access and use the Content in accordance with the Agreement. TH Ltd may terminate this licence at any time for any reason. Unless otherwise expressly authorised by TH Ltd, you may only use the Content for your own personal, non-commercial use. No part of the Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Content and/or any portion thereof. You may not create any “derivative works” by altering any aspect of the Content. You may not use the Content in conjunction with any other third-party content. You may not exploit any aspect of the Content for any commercial purposes not expressly permitted by TH Ltd.
10. Disclaimer of Warranties.
10.1 Without prejudice to its obligations under the Consumer Rights Act 2015, TH Ltd makes no warranty that the Sites, Services and/or Content: (a) will meet your requirements; (b) will be uninterrupted, timely, secure, error-free or that defects will be corrected; (c) will be free of viruses or other harmful components; (d) will have security methods employed that will be sufficient against interference with your enjoyment of same, or against infringement; and/or (e) will be accurate or reliable. The Sites, Services and/or Content may contain bugs, errors, problems or other limitations.
10.2 TH Ltd will not be liable for the availability of the underlying internet connection associated with the Sites and/or Services.
10.3 No advice or information, whether oral or written, obtained by you from TH Ltd or content providers shall create any warranty not expressly stated in the Agreement.
10.4 Except where permitted under clause 11, TH Ltd will not be liable for any injury or damage to a user’s or any other person’s computer related to or resulting from participating or downloading any material on the Sites.
11. Limitation of Liability.
11.1 TH Ltd shall not be liable to you or any third party for:
(a) any indirect, or consequential losses;
(b) any loss of profits, goodwill, use, data or other intangible losses for: (i) the use or the inability to use the Sites, Services and/or Content, including any interruptions or delays; or (ii) the unauthorised access to, or alteration of, your Registration Data.
11.2 The limitation in clause 11.1 applies to all causes of action, in the aggregate including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentations and any and all other torts.
11.4 Except in respect of liability which cannot be limited or excluded (as set out above), the total aggregate liability of TH Ltd to you is limited to the amount of £100.
12. Legal Warning. If you bypass or disable any portion of the Services, Sites or associated software including, without limitation, the operation of TH Ltd systems, or you attempt to circumvent or tamper with TH Ltd billing methods in any way, you are in violation of the Agreement and TH Ltd may suspend or terminate your Account without notice. Termination of your Account will not relieve you of any other liabilities that may result from your actions.
13. Third-Party Websites. The Sites and/or Services may provide links to other Internet websites and/or resources, such as to a third party credit reference agency, a payment service provider or a tenant vetting service. Because TH Ltd has no control over such third party websites and/or resources, you hereby acknowledge and agree that TH Ltd is not responsible for the availability or contents of such third party websites and/or associated resources. Furthermore, TH Ltd does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials available at or from such third party websites or resources, or for any damages and/or losses arising therefrom. By accessing and using that third party Internet websites and/or resources, you agree to comply with the terms and conditions of the relevant third party.
15. Governing Law. The Agreement shall be shall be governed by and construed in accordance with the laws England and Wales and the parties submit to the exclusive jurisdiction of the English courts.
18. Contact Us. If you have any questions about the Agreement or the practices of TH Ltd please feel free to contact us at firstname.lastname@example.org