copyright © apartfromtherest 2008
Venue. apartfromtherest is not a party to the rental transaction. apartfromtherest does not own nor can it contract for any holiday/vacation rental property listed on its website (a “Furnished Listing” and collectively “Furnished Listings”). Instead, this Site is a venue that allows Listers to offer Furnished Listings for rent and for Renters to rent such properties. apartfromtherest is not involved in the actual transaction between the Listers and the Renters; although apartfromtherest provides tools, such as direct booking, that enable a Renter to enter into a transaction to lease a specific property directly from a Lister. As a result, apartfromtherest has no control over the quality, safety or legality of the items advertised the truth or accuracy of the listings, the ability of Listers to rent the properties listed or the ability of Renters to pay for the rentals. Consequently, apartfromtherest cannot ensure that a Lister and the Renters will actually complete a transaction and does not make any representations as to the quality, location, availability, suitability, or pricing of any specific property.
Use. This Site is provided solely for you to interact with apartfromtherest and may not be used by any other person or entity, or for any other purpose.
No Implied License. This Site and any associated software, files, data, content, documentation, or any other materials provided by apartfromtherest (collectively “Associated Materials”) are protected by England and Wales copyright, trademark and other laws. © 2008 apartfromtherest. All rights reserved. apartfromtherest does not convey to anyone, through allowing access to this Site, any ownership rights in this Site or in the Associated Materials appearing on or made available through this Site. You may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of this Site or the Associated Materials.
You shall not cause this Site to be displayed as a part of or within another Internet site or Web page or resell or redistribute any portion of this Site or Associated Materials or provide access to the foregoing to any third party for financial gain.
Conduct. You agree not to use this Site or the Associated Materials to: (i) restrict or inhibit others from using and enjoying this Site; (ii) transmit or upload unauthorized advertising, promotional materials, junk mail, “spam,” chain letters or any other form of unauthorized solicitation, or any materials or listings that contain false, inaccurate or misleading information; (iii) transmit or upload any material that violates or infringes the rights of third parties including, without limitation, copyright, patent, trademark, rights of privacy or publicity or any other proprietary right; (iv) transmit or upload any virus or any program or component designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; (v) transmit or upload any material that is unlawful, threatening, abusive, harmful, harassing, defamatory, tortuous, hateful, racially, ethnically or otherwise objectionable, obscene, sexually explicit or indecent; (vi) gain unauthorized access to other accounts on the Site, other computer systems or networks; (vii) store, collect or disclose any company names, addresses, telephone numbers, email addresses, listings, reports, fees, pricing or any other information except as strictly necessary to use the Site or (viii) impersonate or otherwise misrepresent any person or entity, or make false or misleading indications of origin or fact.
Feedback. In the event that you provide apartfromtherest with any feedback or suggestions (“Feedback”) regarding the functionality and/or performance of this Site or the Associated Materials, apartfromtherest shall have a non-exclusive, perpetual, non-terminable, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify and otherwise exploit such Feedback without restriction.
Links to Third-Party Sites. This Site may contain links to Web sites operated by parties other than apartfromtherest. Such links are provided for your convenience and reference only. The linked sites are not under the control of apartfromtherest, and apartfromtherest is not responsible for the contents of any linked site or any link contained in a linked site. The inclusion of a link does not imply any association with their operators or any endorsement of the linked site by apartfromtherest.
Disclaimer of Warranty. this site and the associated materials, including all content, functions, materials and information made available on or accessed through this site and the associated materials, are provided “as is.” to the fullest extent permissible by law, apartfromtherest makes no representation or warranties of any kind whatsoever for this site, the associated materials, or the materials, information and functions made accessible by or accessed through this site and the associated materials, for any products or services or hypertext links to third parties, or for any breach of security associated with the transmission of sensitive information through the site or associated materials or any linked site. apartfromtherest disclaims any express or implied warranties, including, without limitation, non-infringement, merchantability and fitness for a particular purpose. apartfromtherest makes no warranties or representations as to the accuracy or completeness of this site, the associated materials, or the materials, information and functions made accessible by or accessed through this site and the associated materials.
Termination. You agree that apartfromtherest, at its sole discretion, may terminate your access to this Site and your account, if any, at any time and without prior notice for any reason. apartfromtherest may also in its sole discretion and at any time discontinue providing this Site, or any part thereof, with or without notice. Further, you agree that apartfromtherest shall not be liable to you or any third-party for any termination of your access to this Site and/or your account.
No Business Relationship Created By Your Use. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Perfect Places as a result of your use of this Site.
Severability. If any provision of this Agreement shall be held illegal, invalid, or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid, and enforceable and the legality, validity and enforceability of all other provisions of this Agreement shall not be affected thereby.
Additional Agreement of Holiday/Vacation Rental Owners or Managers
Current Information . By registering on this Site as a holiday/vacation rental owner or manager ( “Lister”), you agree to provide accurate and current information about yourself as prompted by the registration process and maintain and promptly update your online profile information to keep it accurate and current.
Furnished Listings and Related Content. By listing a holiday/vacation rental property (a “Furnished Listing” and collectively “Furnished Listings”) on this Site:
a. You represent and warrant that (i) you own and control all of the rights to the content that you post or otherwise distribute regarding the Furnished Listings, or you otherwise have the lawful right to post and distribute such content to or through the Site; (ii) such content is accurate and not misleading (including, without limitation, descriptions, features, availability and rental pricing, and pictures (whether supplied by you or authorized by you to be taken by Perfect Places from another web site)); and (iii) use and posting or other transmission of such content does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
b. You represent and warrant that each Furnished Listing displays an individual and uniquely identified property available for short term rent. A Furnished Listing cannot be an example of properties available. Only one vacation rental unit can appear on each Furnished Listing. apartfromtherest reserves the right to amend or remove any Furnished Listing, when more than one property is described, and may choose, in its sole discretion to retain any subscription fees associated with the non-conforming listing as compensation for violating this condition.
c. You represent and warrant that the Furnished Listings will not contain addresses of other web sites, HTML, code or other markup languages. Addresses of other web sites, HTML, code, or other markup languages will be removed from Furnished Listings without notice. You agree not to place email addresses within your listings other than in the designated area to help prevent SPAM and discourage email harvesting robots from crawling apartfromtherest. Email addresses included outside the designated area will be removed from Furnished Listings without notice.
d. You grant apartfromtherest, its affiliates, and licensees (i) a nonexclusive, royalty-free, perpetual, transferable, irrevocable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such content throughout the world in any media, now known or hereafter devised; (ii) the right to use the name that you submit in connection with such content, if they choose; and (iii) the right to pursue at law any person or entity that violates your or apartfromtherest' rights in the content by a breach of these Site Terms.
e. You understand that content submitted will be considered non-confidential and apartfromtherest, its affiliates, and licensees will be under no obligation to treat such content as proprietary information. Without limiting the foregoing, apartfromtherest , its affiliates, and licensees reserve the right to use the content as they deem appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. apartfromtherest , its affiliates, and licensees are under no obligation to offer you any payment for content that you submit or the opportunity to edit, delete or otherwise modify content once it has been submitted to apartfromtherest , its affiliates, and licensees shall have no duty to attribute authorship of content to you, and shall not be obligated to enforce any form of attribution by third parties.
f. You hereby declare that if it is determined that you retain moral rights (including rights of attribution or integrity) in the content (i) you do not require that any personally identifying information be used in connection with the content, or any derivative works of or upgrades or updates thereto; (ii) you have no objection to the publication, use, modification, deletion and exploitation of the content by apartfromtherest, its affiliates, and licensees; (iii) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and (iv) you forever release apartfromtherest , its affiliates, and licensees, from any claims that you could otherwise assert against apartfromtherest, its affiliates, and licensees by virtue of any such moral rights.
g. You acknowledge that: (i) you will be responsible for adhering to all local regulations including, but not limited to, permits, licenses, zoning regulations, occupancy taxes, and safety compliance; (ii) apartfromtherest is not a property management company; (iii) prospective Renters will contact you directly using the email contact, booking or payment forms or the contact information provided with the Furnished Listing; (iv) apartfromtherest is not responsible for Renters of property (it is your responsibility to validate the qualifications of the prospective Renters and rent a Furnished Listing on terms and conditions acceptable to you; and (v) apartfromtherest may, at no additional cost to you, license third-party web sites to advertise the Furnished Listings in order to maximize the visitors to your listing.
h. You understand that you may cancel any Furnished Listing at any time (such listing will generally be removed from apartfromtherest (its affiliates and/or its licensees) site within three business days).
Additional Agreement of Renters Using the apartfromtherest Web Site or Services
Current Information. utilising this Site to research and/or rent a vacation rental property, you agree to provide accurate and current information about yourself as prompted by the Lister.
Research. By utilising this Site to locate holiday/vacation rentals you (a) agree to conduct your own investigation regarding each property offered as a holiday/vacation rental (a “Furnished Listing” and collectively “Furnished Listings”), and (b) acknowledge that (i) holiday/vacation rental owners and managers (“Listers”), not apartfromtherest , are responsible for the accuracy of the information in their advertisements and (ii) it is your responsibility to rent a listing on terms and conditions acceptable to you.
Rental Policies of Listers. The policies of each Lister are not under apartfromtherest control. Each Lister will have individual policies governing rates, deposits, payment schedules, check-in and check-out, etc. You should assume that the reservation is not confirmed until all payments have been received by the Lister, unless the Lister specifically informs you of another confirmation policy.
Online Reservation and Booking. When a Lister has agreed to make a Furnished Listing available for online reservation and booking, you may choose to use the apartfromtherest online reservation software to reserve and book the property and pay for it. You are obligated to complete the transaction with the Lister if you book the property through apartfromtherest service and do not inform the Lister of your intent to cancel in accordance with the Lister’s cancellation policies. You acknowledge that any agreement governing the terms and conditions under which you have rented a property are EXCLUSIVELY between you and the Lister, and that apartfromtherest is not a party to that transaction, notwithstanding the fact that apartfromtherest may have facilitated the transaction via our online reservation software.
By utilising apartfromtherest’ online reservation software, you are giving permission to apartfromtherest to store a copy of your credit card information in its encrypted and secure files, and to pass that encrypted credit card information to the Lister so that the Lister and you can complete the rental transaction. apartfromtherest will take all commercially reasonable efforts to ensure the security of the credit card information it stores in its files. apartfromtherest has no control over how the Lister will accept or store your credit card information, and makes no warranty against and takes no responsibility for the Lister’s storage or misuse of the credit card information we pass on to the Lister.