TERMS OF USE

 

You agree to the following Tipi Homes Ltd, Registration number: 08925834 ("TH Ltd" or "we" or "us" or "our") Terms of Use (“Terms of Use”), in their entirety, when you access or use our websites, mobile enabled websites, mobile applications, and domains operated under the TH Ltd brand, namely the Sites’ products, services and various interactive features including applications submitted in connection with leasing rental properties (collectively, the “Services”). Capitalized terms not defined in these terms of use shall have the meaning set out in the TH Ltd Privacy Policy ("Privacy Policy"). TH Ltd Registered Office is 43-45 Portman Square, London, W1H 6LY   

1. Scope. These Terms of Use are inclusive of the TH Ltd Privacy Policy and any and all other applicable TH Ltd operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated in these terms of use by reference (collectively, the “Agreement”). These Terms of Use do not include the tenancy agreement which may entered into between you and TH Ltd using the Site. Please review these Terms of Use carefully. These Terms of Use constitute the entire and only agreement between you and TH Ltd with respect to your use of the Services and/or Sites and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Services, Sites, the content contained therein and/or the products, services and/or programs provided by or through the same. 

 

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) screen name; (g) secret question and answer; (h) credit card information; and/or (j) any other information requested on the applicable form (collectively, “Registration Data”).   

 

You agree to provide true, accurate, current and complete Registration Data, and if this information changes at any time, to update your Registration Data as necessary in order to maintain it in an up to date and accurate fashion. Some of the Registration Data which you provide will be personal information, our use of which is governed by the terms of the [Privacy Policy].You can change the user name and/or password that you selected during registration at any time through your specific account (“Account”) settings. You are responsible for maintaining the confidentiality of your Account, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur through the use of your Account.

 

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.

 

6. Disclaimers. The Services and/or the Sites may contain Content provided directly by other third parties, and not QNWLL 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. QNWLL 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 QNWLL LTD will not be responsible for, and QNWLL 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. 

7. 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. By using Sage Pay Europe Limited to make any payment, you are agreeing to comply with their terms and conditions.

NWLL LTD or Sage Pay Europe Limited in effect at any given time. 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.

8. 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 9 below, shall immediately terminate. 

9. 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. Proprietary Rights. All Sites are the property of TH Ltd, including www.tipi.london (Also known as www.teepee.london) All Content is owned or licensed by or to TH Ltd and is protected under applicable copyright, trade-mark and other proprietary (including, but not limited to, intellectual property) rights. Certain parts of the Content, for example the personal information you provide in applications, will be personal data within the meaning of local data protection legislation.   QNWLL will process the personal data it collects from you in accordance with the relevant data protection legislation, and with the purposes set out in and the terms of the Privacy Policy. You have certain rights of access in respect of your own personal data, which are further detailed in the Privacy Policy. Except as expressly provided in the Agreement or as required by law, no part of the Content may be reproduced, retransmitted, sold, rented, distributed, published, uploaded, posted, publicly displayed, altered to make new works, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without the prior written consent of TH Ltd. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity or trade-marks with respect to any of the Content. The posting of information or material at the Sites by TH Ltd does not constitute a waiver of any right in or to such information and/or materials. TH Ltd reserves all rights not expressly granted hereunder. The TH Ltd name and logo are trade-marks of our licensor, Quintain Estates and Development plc. All custom graphics, icons, copyright, trade-marks and trade names are the property of their respective owners. The use of any TH Ltd trade-mark without TH Ltd's express written consent is strictly prohibited.

 

11. Disclaimer of Warranties. 

11.1     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. 

11.2     TH Ltd will not be liable for the availability of the underlying internet connection associated with the Sites and/or Services. 

11.3     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.

11.4     Except where permitted under clause 12, TH Ltdwill 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.

12. Limitation of Liability.

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.  

12.2     The limitation in clause 12.1 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.

12.3     Nothing in these Terms of Use limits or excludes liability for death or personal injury caused by the negligence of TH Ltd or for any liability which cannot be limited or excluded by law.

12.4     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.

13. 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. 

14. 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. User Information. Except where expressly provided otherwise by us in the Agreement, and subject to the TH Ltd Privacy Policy, all Content, information, Registration Data and/or materials that you submit through or in association with this Sites shall be considered non-confidential. For a copy of the TH Ltd Privacy Policy, please Click Here. By submitting such comments, Content, information, Registration Data or materials to us, you: (a) represent and warrant that TH Ltd use of your submission does not and will not breach any agreement, violate any law or infringe upon any third party’s rights; (b) agree that TH Ltd is free to use in any manner all or part of the content of any such communications on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; and (c) grant TH Ltd all necessary rights, including a waiver of all copyright, trade-mark, privacy and moral rights, to use all Content, information, Registration Data and/or materials, in whole or in part, or as a derivative work, without any duty by TH Ltd to anyone whatsoever. 

16. 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.

17. Miscellaneous. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and TH Ltd and it governs your use of the Services and Sites. To the extent that anything in or associated with the Sites and/or Services is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence. TH Ltd's failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.

18. Notice. TH Ltd may deliver notice to you under these Terms of Use by means of electronic mail or a general notice on the Sites.

19. Contact Us. If you have any questions about the Agreement or the practices of TH Ltd please feel free to contact us at  enquiries@tipi.london