1. The information on the studentpad website constitutes an invitation to you to offer details of your property to studentpad and the University to be advertised on the site. No contract shall arise between you and studentpad and the University until studentpad and the University has accepted your offer by proceeding with the advertisement of your property.
2. No such offer shall be accepted until studentpad and the University has received from you the fee relevant to your chosen advertising option.
3. You warrant to studentpad and the University that:-
- The property complies with all relevant regulations and guidance for such property as set out in the Housing Act 2004 (as amended) including but not limited to the Housing Health and Safety Rating System (England) Regulations 2005 (as amended) or relevant legislation in Scotland or Northern Ireland;
- The property will not be deemed to have any deficiencies (bearing in mind the use for which such property is intended) in any risk assessment conducted under the Housing Health and Safety Rating System and you would not be required to undertake any remedial work following such risk assessment;
- The property is free from unnecessary and avoidable hazards; and
- where hazards are necessary or unavoidable, they should be made as safe as reasonably possible;
4. Without prejudice to any other right or remedy available to it, Studentpad and the University reserves the right to terminate the contract and remove your property details from the website at any time for breach of any of the warranties contained in Condition 3 above or for any other reason at the absolute discretion of studentpad and the University and without obligation to specify its reason.
5. In the event that studentpad and the University exercises its rights under Condition 4 above, it will refund to you a proportion of any fees paid in advance (so far as such fees relate to advertising after the cancellation date) on a pro rata basis but without further liability to you in respect of any direct or indirect losses whether by way of loss of profit, loss of bargain or otherwise.
6. Whilst every effort is made to ensure that all information is entered correctly and each advertisement studentpad and the University carries for you onto the [website] is correct, studentpad recommends that you check the contents of each advertisement carefully once posted.
7. Studentpad.co.uk and the University shall have no liability whatsoever in contact, tort (including negligence), breach of statutory duty or otherwise for any:
- indirect; economic; incidental; special; exemplary; or consequential loss (and for these purposes consequential loss shall include without limitation all loss of profit, opportunity, anticipated profit, anticipated revenue, business and/or goodwill) or damage suffered by you;
- any loss of, or damage to, goodwill;
- loss of, or loss of use, of any hardware, software or data (including but not limited to data entered onto the [property management module]; howsoever caused as a result of your use of studentpad and the University even if studentpad and the University has been advised of the possibility of such damages or losses.
8. The total liability of studentpad and the University and in relation to the use of studentpad and the University (and for any and all acts or omissions on the part of itself or its employees, servants, agents or sub-contractors giving rise to loss or damage) shall be limited to the amounts received by it from you prior to the date such loss arises or action is commences (whichever is the earlier).
9. The limitations in Clauses 7 and 8 do not apply to claims for death and personal injury caused by studentpad and the University’s negligence, or any other liability that by law cannot be limited.
10. You shall not be entitled to assign your rights or transfer your obligations under your contract with studentpad and the University.
11. The contract between you and studentpad and the University shall be governed and construed in accordance with English law and the parties shall be subject to the exclusive jurisdiction of the English Courts.