- Rent Property Direct Limited (the “Company”) has established the Website to enable advertisers
(“advertisers”) to advertise holiday property for rental to the general public.
- An advertiser will pay an annual subscription fee to the Company, and the Company will place the advertiser’s advertisement or
advertisements on the Website for the duration of the advertiser’s subscription period.
- Tenants may view the Website without charge, and shall contact the advertiser directly if they wish to rent the property advertised by the
advertiser.
By accepting these terms and conditions, the Advertiser hereby agrees with the Company as follows:-
- Definitions
- “Advertisement” means an advertisement for a holiday property placed on the Website by an Advertiser;
- “Advertiser” means any person who accepts these terms and conditions and places an Advertisement on the
Website;
- “Property” means a single unit of property for occupation by a Tenant and his immediate family and friends for
a holiday. For the avoidance of doubt, if the Advertiser wishes to advertise a number of properties such as a number of apartments or units in a
block of apartments or a property which can be divided into units for rental, each apartment or unit must be the subject of a separate
Advertisement;
- “Tenants” means potential customers of the Advertiser; and
- the “Website” means the whole and / or any part of www.rentpropertydirect.com in the ownership of the Company, including the text and images contained
herein.
- Except where the context otherwise requires, words denoting the singular include the plural and vice versa, words denoting a gender include
every gender and references to persons include bodies corporate and unincorporate.
- Any reference to any person or party shall, unless the context otherwise requires include reference to its successors and assigns.
- The word “may” shall be construed as being permissive and the word “shall” shall
be construed as being mandatory.
- Headings are inserted for convenience only and shall not affect the construction of this Agreement.
- Obligations of the Company
- The Company has established the Website and in consideration of the subscription fee and subject to the provisions of the
Agreement, it will accept advertisements from the Advertiser and place them on the Website so that they may be viewed by
Tenants. Advertisements should be submitted to the Company via the Website. The subscription fee may be paid by any means acceptable to the
Company but no Advertisement will be placed on the Website until the Subscription fee has been received by the Company.
- The Company hereby confirms that the Website will consist of a number of advertisements for the rental of Properties placed by the
Advertiser and other advertisers, each Property being suitable for holiday occupation by a Tenant and / or his family and friends (depending on
the size of the Property). Tenants may search through all such Advertisements, and in the event of the Tenant selecting the Advertiser’s
Property, the Tenant shall contact the Advertiser directly to ascertain availability, applicable rates and other conditions relating to such
property (the “Information”).
- The Company will provide the following services to the Advertiser:
- the Company shall respond to the Advertiser’s requests for advertising space on the Website within a reasonable time;
- the Company agrees to receive and place on the Website text and photographs supplied to it by the Advertiser subject to these terms and
conditions;
- the Advertiser shall have access to areas of the Website which are only available to subscribers; and
- all advertisements shall be made available for Tenants on the Website worldwide to view without Tenants having to pay any fee
for doing so, (together, the “Services”).
- Tenants
- For the avoidance of doubt, it is a condition that the Advertiser shall provide that any Tenant must contact the Advertiser directly, and
the Company shall not be responsible for acting as an intermediary or arbitrator between the Advertiser and any Tenant, or providing any advice
or assistance to any Tenant in respect of any advertisement, the Advertiser or any property.
- The Advertiser’s use of the Website
In accepting these terms and conditions:
- The Advertiser warrants and represents to the Company that for the duration that the Advertisement appears on the Website the Advertiser
will be the sole owner (or a property manager or agent who has the express written permission of the sole owner) of any property it advertises
on the Website and will have the right to advertise the property and enter into contracts with tenants with regard to the property;
- The Advertiser agrees not to use the Website or any of its contents for any purpose other than advertising holiday Properties for rental to
the general public in accordance with these terms and conditions. The Advertiser will not use the Website for any purpose that is prohibited by
any applicable law or regulation or in a manner which is likely to bring the Company or the Website into disrepute;
- The Advertiser agrees that only one unit of property capable of occupation by one Tenant and his family and friends shall be the subject of
each Advertisement;
- The Advertiser will not alter an Advertisement for a Property which is already on the Website in a manner which makes a different Property
the subject of that Advertisement;
- The Advertiser hereby acknowledges that the Website is the property of the Company, and the Advertiser may only print out and reproduce
pages from the Website for its own records. The Advertiser is not permitted to reproduce any part of the Website for any other purpose, in
particular but not limited to reproducing any part of the Website to advertise any properties outside of the Website;
- All advertisements placed on the Website must display a photographic and full correct details of the actual property available for rent by
the Tenant, and may not be a general description of the property or properties owned by the Advertiser. Any advertisement must contain full
details of the property and the postal address, telephone number and facsimile number (where applicable) of the Advertiser and must also contain
confirmation that the Tenant must contact the Advertiser regarding any Advertisement and that Company has no responsibility to the Tenant of any
kind in respect of the Advertisement or the content thereof or for acting as contact, intermediary or arbitrator between the Advertiser and any
Tenant or providing any advice or assistance of any kind to any Tenant;
- The Advertiser agrees not to place any website addresses or hypertext links to other websites on Advertisements. For the avoidance of doubt,
any such addresses and links shall be removed by the Company before the Advertisement is placed on the Website;
- The Advertiser takes full responsibility for ensuring that all of the details in its Advertisement are accurate and up to date, and shall
notify the Company as and when inaccuracies are discovered as soon as reasonably possible so that the Company may update the Website
accordingly;
- The Advertiser shall answer all queries made by Tenants in relation to properties advertised on the Website by the Advertiser as soon as
reasonably possible.
- Company’s control over content and format of Website
- The Company reserves the right to control all aspects of the content and format of the Website, including the right to alter the content of
the Website without notice;
- The Company further reserves the right to edit or otherwise amend or delete any advertisement or any part of an advertisement submitted by
the Advertiser, including photographs before or after the Advertisement is placed on the Website, in its absolute discretion and will have no
liability to any Advertiser or Tenant who suffers any loss of any kind directly or indirectly from any action by the Company or failure by the
Company to take action in relation to any advertisement on the Website. In particular, the Company can remove Advertisements from the Website
upon receiving complaints from Tenants regarding matters such as misrepresentation of Properties or their surroundings in Advertisements, poor
or inadequate condition of Properties and lack of response to Tenants’ queries.
- Subscriptions to the Website and Refund Policy
- Subscriptions to the Website must be paid annually and upon accepting these terms and conditions, the Advertiser agrees to pay the
subscription fee charged by the Company for that year. The Company’s refund policy gives customers a seven day cooling off period from the
date of purchase, wherein they may cancel the advertising service and receive a refund. Customers can request cancellation of the advertising
service by emailing us from the Contact us page providing us with their advertisers details (ID number, property reference number, name
etc);
- The Advertiser may subscribe to the Website at any time by accepting these terms and conditions, and this subscription will be valid for
exactly one year from the date of subscription;
- The Advertiser’s Advertisement will not be placed on the Website until the subscription fee for the relevant year has been paid;
- The Company’s subscription rates may be varied without notice. Such amended rates shall apply to the Advertiser upon renewal of its
subscription;
- In the event that the Company deletes or removes an Advertisement or any part thereof from the Website, there shall be no refund of the
subscription fee;
- The Advertisement will remain on the Website for one year from the date on which the subscription fee is paid unless otherwise withdrawn or
removed by the Company or the Administrator.
- Removal of Advertisements
- The Company may remove any Advertisement immediately if the Advertiser is in material breach of any of these terms and conditions, in
particular, if the Advertiser fails to pay the subscription fee for any year in accordance with these terms and conditions;
- The Advertiser may request the Company to remove all or any of its Advertisements from the Website at any time, and the Company will comply
with all such request as soon as reasonably possible. However, no refund will be given in respect of the remainder of the subscription period
for which the Advertiser has already paid, and no guarantee is given as to when any Advertisements placed by the Advertiser will be
removed.
- Limitations and exclusions
- The Company makes no representations or warranties, and accepts no responsibility, in respect of the following:
- delays in response by the Company to any requests or queries, or time periods in which the Company will respond to the Advertiser’s
requests as a result of events beyond its control;
- any delay in providing, or failure to provide or make available, Services or negligent provision of Services as a result of events beyond
its control;
- any breach of these terms and conditions as a result of events outside its control;
- unavailability of the Website for any reason whatsoever;
- errors of any type, including factual, technical and typographical errors, and / or omissions relating to any text or photograph used in
advertisements on the Website provided by the Advertiser;
- liasing or negotiating with the Advertiser on behalf of Tenants, or vice versa;
- intervening or arbitrating in any dispute which may arise between the Advertiser and Tenants;
- availability of the Website or the Services, and that access to the Website, or any part of it, by any party at any time, will be
uninterrupted, reliable or fault free as a result of events outside its control;
- that the Website or any of its contents will be accurate or complete;
- availability of properties advertised on the Website
- booking errors, whether made by the Advertiser or Tenants;
- loss or damage caused to the Advertiser or Tenants resulting from the content or layout of the Website, including any amendments made by the
Company to the Website;
- loss or damage to data and other materials (such as photographs) supplied to the Company;
- to the extent permitted by law, liability to third parties in respect of the Website and the Services.
- There will be no circumstances in which the Company shall have any liability to the Advertiser for loss of any kind including consequential
direct or indirect loss, including loss of earnings, loss of profits, or loss arising from costs of re-advertising properties arising from any
act of or any failure to act by the Company;
- The Company’s maximum liability to the Advertiser, insofar as such liability is not limited or excluded by these terms and conditions,
will be the amount of any subscription fees paid by the Advertiser during the year in which the liability arose;
- The Advertiser agrees that each of these limitations is reasonable, having regard to the nature of the Website and in particular the fact
that the Company is not privy to any contracts between the Advertiser and Tenants.
- Invalidity
- In the event that any clause in these terms and conditions is unenforceable (including any provision in which the Company excludes its
liability to the Advertiser), the relevant part shall be severed and the enforceability of the other parts of these terms and conditions will
not be affected.
- Entire agreement
- These terms and conditions set out the whole of the agreement between the Company and the Advertiser relating to the supply of Services and
use of the Website;
- In accepting these terms and conditions, the Advertiser agrees to be bound by these terms and conditions.
- Indemnities
- The Advertiser does hereby undertake to indemnify the Company against all loss, damage and costs incurred directly or indirectly as a result
of the breach of any of these terms and conditions or of any legal obligation due to any party through the Advertiser’s use of the
Website;
- The Advertiser does hereby undertake to indemnify the Company against all and any actions of any kind including actions for breach of
copyright laws or any analogous legislation and any action taken by any person against the Company to defend intellectual property rights in
relation to materials supplied to the Company by the Advertiser.
- Intellectual property rights
- The Company is hereby authorised to reproduce the whole or any part of any data or materials, including photographs, supplied to the Company
by the Advertiser;
- In accepting these terms and conditions the Advertiser warrants and represents to the Company that no photographs, text or other materials
supplied to the Company are in breach of copyright laws or any analogous legislation applying in any jurisdiction, and that the Advertiser is
the owner of such copyright or authorised to grant the necessary rights to the Company to place the advertisement on the Website. The Advertiser
further warrants and represents that the Company will not breach any acts, laws, regulations, or orders in any jurisdiction when it places the
Advertisement on the Website;
- All intellectual property rights in the Website belong to the Company. The Company will not permit the Advertiser to reproduce all or any
part of the Website other than for the purpose of their proper use of the Website in accordance with these terms and conditions, or with the
Company’s express written permission.
- Variations to these terms and conditions
- The Company reserves the right at any time without notice to revise the Services and these terms and conditions. Any changes to the Services
and/or these terms and conditions will be posted on the Website and the Advertiser agrees to be bound by the revised terms and conditions of
use.
- Privacy policy
- The Advertiser agrees that the Company may collect, store and use information about the Advertiser;
- The Company agrees to treat all of the Advertiser’s information (other than that which is intended to form the subject-matter of
Advertisements on the Website) with respect and shall not disclose such information to third parties without the Advertiser’s express
permission.
- Governing law
- These terms and conditions shall be governed by and interpreted in accordance with the law of the Island of Jersey and the Company and the
Advertiser hereby irrevocably submits to the non-exclusive jurisdiction of the Royal Court of Jersey.