Terms and Conditions
Effective – 1.7.2010
Welcome to Flat-Club. Please read these terms and conditions carefully as they include important information regarding your legal rights and our liabilities.
1.1. 'Users' and 'Visitors' means everyone who uses or visit this website for any purpose (also referred to as 'You', 'Your', and 'Yourself').
1.2. 'Flat-Club', 'We', 'Us', 'Our', and 'Ourselves' means Flat-Club LTD, a UK registered company.
1.3. 'Website', and 'site' means the internet sites flat-club.com, flat-club.co.uk, flatclub.co.uk.
1.5. ‘Services’ means the ability to post and view user profiles, details, properties and any other information or content in our Website.
2. Acceptance of Terms:
2.1. These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
2.2. You must be at least 18 years of age to use our website. By using our website, and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.
2.3. We reserve the right to modify these Terms or Policies at any time. Updated versions are effective upon posting on our site. We will not notify you on each update - You are responsible for regularly reviewing these Terms. If you do not agree to the changes, you should stop using this website immediately.
2.4. To post a property in our website you must have the legal right to rent, lease, or sublet your property for short or long time renting, or for sublet. If you are not the owner of the property posted, you must not post it without a written authorization from the legal owner.
3.1. We are committed to respecting the privacy of all our visitors and users. Your e-mail address, password, and date of birth are never visible to the general public, unless you choose to publish it. We will not pass on or sell any of your personal information to third parties without your approval, it is strictly used for the functionality of this Website.
3.2. We may collect, store and use information submitted by the users to process registration. This information may be used by us to communicate with you relating to your Website visits and activities.
3.3. We do not store credit card information or have access to your credit card information. Payments made on this site are made through a partner payment gateway and credit card information is sent directly to the gateway partner.
3.4. We may use general information regarding Website usage to improve this Website and develop its features. This general information may also be made known to third parties. These statistics are solely for informative purposes and will not include information to identify an individual.
3.5. We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.
3.6. By the very nature of the internet, information that is publicly visible on-line might appear in search engine results or be linked to by other Websites.
3.7. If you feel that your privacy is being abused in any way by us or by others whereby we could intervene or help, please contact us and we will use all commercially reasonable efforts to determine and correct the problem promptly.
3.8. International Transfer. Your information may be transferred and/or stored on servers located outside your state or country. Currently, our servers are stored in the UK, but we can change it at any time without notice. If you do not wish to allow your information to be stored outside your country or current location, you should not use this website or services.
3.9. We will never contact you directly and ask for your password or credit card details. If someone contacts you on behalf of Flat-Club with such requests, you should refuse and then contact us immediately.
3.10. Log Data. When you visit our website we automatically record information from your browser such as IP address, browser type and version, time you spend on each page and any other web statistics.
4. User Responsibilities
4.1. In order to use selected areas of this website, you may be required to register with Flat-Club. When you register with us, you agree to submit only true, accurate, complete and current information about yourself and your properties.
4.2. As a condition of using this website, you must:
4.2.1. Be at least 18 years old. Minors may not use our website.
4.2.2. Have the legal right to rent, lease, or sublet your property for short or long time renting, or for sublet. If you are not the owner of the property posted, you must not post it without a written authorization from the legal owner.
4.2.3. Only use this Website to offer or secure legitimate accommodations for yourself.
4.2.4. Safeguard your password and account information, supervise the use of your account, and be completely responsible for any use of your account by you and/or anyone other than you.
4.2.5. Never transfer your contact details or credit card details to another user. You should only give your credit card details in the appropriate secure payment page in this page. If in any doubt, you should contact us before entering your credit card information.
4.3. We retain the right at our sole discretion to deny from anyone the access to this Website and the services we offer, or to block further access, at any time and for any reason, including, but not limited to, violation of this Agreement. The following list is a summary of some of the reasons for blocking. These are all activities that are not allowed in the website, and by signing these Terms and Conditions you agree not to act in the following manner (‘Restricted Activities’):
4.3.2. Breach any law, statute, contract, or regulation (for example, those governing Landlords and Tenants, Consumer protections, unfair competition, anti-discrimination or false advertising)
4.3.3. Infringe Flat-Club or any third party's or user copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy
4.3.4. Act in a manner that is obscene, defamatory, unlawfully threatening or unlawfully harassing
4.3.5. Provide false, inaccurate or misleading Information
4.3.6. Fail to provide us with further information about you or your activities that we may reasonably request
4.3.7. Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us
4.3.8. Invite a user to use this service who might breach this agreement
4.3.9. Control an account that is linked to another account that has engaged in any of these Restricted Activities
4.3.10. Conduct your use of our Services in a manner that results in or may result in complaints, and Claims against Flat-Club or your user
4.3.11. Receipt by Flat-Club of complaints regarding your account or business
4.3.12. Allow your account to have an amount reflecting an amount owing to us or otherwise undertake activity that does or may present to us a credit or fraud risk
4.3.13. Disclose or distribute another User’s information to a third party, or use the information for marketing or other purposes other than for the use of our Services
4.3.14. Send unsolicited email to a user or use the Services to collect payments for sending, or assisting in sending, unsolicited email to third parties
4.3.15. Copy, reproduce, communicate to any third party, alter, modify, create derivative works, publicly display or frame any content from the website without our or any applicable third party’s written consent
4.3.16. Trying to contact another user directly and/or bypass our services
4.3.17. Causing harm or damage to the website
4.3.18. Register in more than one account
4.3.19. Post or transmit any content that is unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material
4.3.20. Post any material that will violate your local or international laws
4.3.21. Post any material that will violate your employer regulations or code of conduct
4.3.22. Intentionally inflate product, service or member ratings for the purposes of falsely representing the quality of any product, service or member on the site
4.3.23. Stalk or harass another individual
4.3.24. Use automated scripts to collect information or communicate with users or the site admins.
4.3.25. Encourage users to leave or direct users away from this Website
4.3.26. Publish commercial ads or promote other services within this website
4.3.27. You must not use to website to find a host or a guest and then complete the transaction in any form outside the website or directly with them. This is including but not limited to disclosing your contact details on a listing or private communications
We will not monitor the website for such activities, and only act if we happen to notice these activities.
4.4. Technical Restrictions. In addition to those listed in clause 4.3, the following activities are also not allowed (‘Restricted Activities’):
4.4.1. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure
4.4.2. Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information
4.4.3. Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission
4.4.4. Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our website or our Services
4.4.5. Reveal your account password(s) to anyone else, nor may you use anyone else's password. We are not responsible for losses incurred by you including, without limitation, the use of your account by any person other than you, arising as the result of misuse of passwords
4.4.6. Do, or omit to do, or attempt to do or omit to do, any other act or thing which may interfere with the proper operation of the Service or activities carried out as part of the Services or otherwise than in accordance with the terms of this Agreement
4.5. You are responsible to any interaction with other users in the website or in face to face or any other interaction.
4.6. By using our website, you agree that any legal remedy, compensation, liability or law suit that you seek to obtain from other users will be limited to a claim against these users and will not include Flat-Club.
4.7. You release Flat-Club from any and all demands, damages, claims, and any other legal remedy of any kind and any nature. This include any event happened in the past, present or future, regarding to know or unknown activity intention in the website. This includes, but not limited, to the results of any communication, transaction, meeting, interaction or activity in the website or face-to-face or in any other channel.
4.8. You must not damage our services in any electric or verbal method. This includes changing any content in the website, faking address, emails, or IP, creating a similar website to mislead users, any routing or re-directions, or similar actions or methods.
4.9. You must not publish any photos or information without the written agreement of the owner and people shown in these pictures.
4.10. You are not posting accommodation for an agent, company, corporate or a third party. If you are an estate agent, you must contact us at email@example.com and accept our written authorization before posting anything in the website.
5. Flat-Club Responsibilities
5.1. Flat-Club is an online website which enables users to learn about each other, and if they wish to, arrange stay with each other or find roommates. We are not involved in the actual face to face interaction between users. We also cannot guarantee that any information published in this website is true or accurate. As a result, we have no control or responsibility on the conduct of the users and visitors in this website.
5.2. Flat-Club service is on an AS-IS base without any kind of warranty or guarantee.
5.3. We do not hold any responsibilities for any information published in this website by users, agents, advertisers, third party supplier, or anyone else.
5.4. If you feel insecure or unsafe regarding any communication, transaction or action in the website you should immediately stop the activity and contact us.
5.5. Flat-Club does not make any attempt to confirm or validate users' identity or property. We do not investigate user's reputation, conduct, history, criminal background, credit score, or verify information posted by users.
5.6. Flat-Club reserves the right, but has no obligation, to monitor communication, transactions, and interactions between users in the website. Flat-Club might decide to act according to this data, but this is a sole decision of Flat-Club.
5.7. We will never contact you directly and ask for your password or credit card details. If someone contacts you on behalf of Flat-Club with such requests, you should refuse and then contact us immediately.
5.8. We shall only be liable to you for loss or damage caused directly and reasonably foreseeable by our breach of this Agreement and our liability in these circumstances is limited as set out in the remainder of this section.
5.9. In no event shall we, the other companies in our corporate group, persons who act on our behalf, and/or the persons we enter into contracts with be liable for any of the following types of loss or damage arising under or in relation to this Agreement or otherwise:
5.9.1. Any loss of profits, goodwill, business, contracts, revenue or anticipated savings even if we are advised of the possibility of such damages, loss of profits, goodwill, business, contracts, revenue or anticipated savings; or
5.9.2. Any loss or corruption of data; or
5.9.3. Any loss or damage whatsoever which does not stem directly from our breach of this Agreement; or.
5.9.4. Any loss or damage whatsoever which is in excess of that which was caused as a direct result of our breach of this Agreement (whether or not you are able to prove such loss or damage).
5.10. Nothing in this Agreement shall limit our liability resulting from our fraud or fraudulent misrepresentation, gross negligence, willful misconduct, for death or personal injury resulting from either our or our subcontractor’s negligence or to the extent such limitation or exclusion is not permitted by applicable law.
5.11. We are not responsible for any matching, or any results of a matching.
5.12. We are not responsible for users (roommates, hosts, guest and others) ability to pay their rent and other commitments.
5.13. Modifications of Service. Flat-Club can decide at any time to modify, change, disable or cancel any of its services, without prior notice. If a guest already paid for a service which is no longer available, Flat-Club will do its best to find an alternative service, but cannot guarantee its success. This clause is only relevant for Flat-Club services and not for third parties services, for which Flat-Club is not responsible.
5.14. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO WITH OUR SERVICES OR THESE TERMS EXCEED THE SUM OF ONE HUNDRED POUNDS STERLING (£100)
6. Actions by Flat-Club
If we have reason to believe that you have engaged in any Restricted Activities (see chapter 4), we may take various actions to protect us, a user, a third party, or you from claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
6.1. We may, at any time and without liability, suspend, block, limit, close or cancel your right to use your account entirely or for any particular transaction, which may in turn suspend, block, limit, close or cancel access to your Account or the Services. We will normally give you advance notice of any suspension or cancellation but we may, if it is reasonable to do so (for example if you are in breach of this Agreement or we consider it advisable for security reasons), suspend or cancel your right to use your Account without prior notice to you.
6.2. Block your Account and/or hold any funds paid for the use of Services, and or suspend or cancel funds transfer to your account.
6.3. Refuse any particular payment transaction at any time for any reason and will only be required to make available the fact of the refusal and the reasons for the refusal and how you may resolve the problem, where possible, upon request and provided it is not prohibited by law.
6.4. We may reverse a transaction that violates our Terms and Conditions, or which we reasonably suspect of violating our Terms and Conditions.
6.6. We may request information from you or otherwise update inaccurate Information you provided us.
6.7. We may refuse to provide our Services to you in the future.
6.8. We may take legal action against you.
6.9. Unless otherwise directed by us, you must not use or attempt to use your Account while it is suspended or has been closed. You must ensure that all agreements, users or other third parties set up from your Account are cancelled immediately upon the termination, suspension or closure of your Account. You remain liable under this Agreement in respect of all charges and other amounts incurred through the use of your Account at any time, irrespective of termination, suspension or closure.
7.1. Flat-Club is not responsible and is not a part of any dispute or claim between users. Flat-Club might try to help and solve a dispute, but is not responsible for doing so, or for any legal consequences of such disputes.
7.2. If a dispute between you and Flat-Club arises we strongly recommend you to contact us directly. If you were able to bring a claim arising from or in connection with this agreement in court, an acceptable court would be located in England, and in any case the English law will apply to the case, even if you apply to a court outside England.
7.3. The prevailing party in any action brought under this agreement shall be entitled to reasonable attorney’s fees and costs.
If you have a dispute with another Member, you release Flat-Club (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
9.1. Flat-Club is a facilitator of it services which include an online marketplace for guest and host to find accommodations or roommates. Flat-Club does not own or operate the properties, and does not act as an agent for the hosts or guests.
9.2. You are solely responsible for paying any tax payments for your income. Flat-Club will not deduct or pay any of the personal or corporate tax on your behalf. Flat-Club will also not report any transactions to the tax authority, besides Flat-Club income from commission; hence it is your sole responsibility.
9.3. Any price published by you must include all relevant taxes – local, federal, state, international or other. This should include personal and corporate taxes, as well as income or any other tax.
9.4. It is your responsibility to report to the tax authorities any income you made through our services and website – from listing your property or from inviting friends to join Flat-Club.
9.5. We cannot and do not offer tax advice to either hosts or guests.
10.1. Any price posted cannot be changed after a booking is made.
10.2. The price agreed in the booking shall include all income requested by the host. This should include, but is not limited to, taxes, amenities, utilities, and any additional services included in the property.
11. Third Party Content
While visiting and using our website, you may be exposed to content, information, offers, pictures, and advertisements from other users or third parties. This can happen in our website or through links to third-party websites.
11.1. We are not responsible for any third party content, service, or information
11.2. Any dispute between you and a third party should be resolved directly with the third party, and Flat-Club will take no part in such dispute and will have no responsibility. However, we would like to hear from you if you have encountered any problem with a third party provider on our site. You should contact us with details of the problem and/or dispute at firstname.lastname@example.org
12. Users Content
12.1. Flat-Club does not provide the content in the website regarding properties, flats, users, profiles, photos, free descriptions, messages, geographies, locations, comments, reviews, feedback or any other material. The sole responsibility for such content is with the user/s who publish it.
12.2. Flat-Club is not responsible for and cannot guarantee any content or information posted by users in the website, or sent between users or 3rd party companies advertising in the website.
12.3. You agree that you are entirely responsible for all content uploaded, downloaded, viewed, published, post, emailed, or otherwise via our website.
12.4. You agree that Flat-Club is not responsible for any consequences of using, reading, viewing, downloading, uploading content in the website.
12.5. By submitting any content to our website, you grant us a perpetual, worldwide, non-exclusive, royalty-free license and right to use this content according to our sole decision. You also agree that we can read, change, amend, delete, or modify this content without notifying you.
12.7. Any content you publish must not include the following:
12.7.1. Nudity or sexual content
12.7.2. Disparage any ethnic, racial, religious, sexual, or other group
12.7.3. Photo or details of minors
12.7.4. Use of offensive language
12.7.5. Links to other websites
12.7.6. Logos of other companies or websites
12.7.7. Personal contact details, or any information to find this data
12.7.8. Content which violate copyrights, trademarks, or intellectual property of any company or individual
12.7.9. Usage of drugs or any other illegal materials.
13. Booking Process
13.1. On finding find a property you would like to book, you need to press the booking button. A message will then be sent to the host to confirm your request. Once the host confirms your request, you can complete the booking by paying with your credit card or PayPal account.
13.2. A booking is confirmed only once the payment is completed. In any stage before the payment, the host can accept another booking or cancel without notice. After the payment, for both host and guest, the cancellation policy is the only tool to complete changes or cancellations.
13.3. Once a booking is completed and paid, Flat-Club will send an email to both the host and guest with the full contact details of each other for further communication, as well as the property address.
13.4. Deposit. If a host decides to ask for a deposit, the payment of the deposit will be done after booking is completed and paid directly between the guest to the host. Flat-Club will not process or take part of deposit payments. Flat-Club is not responsible for any deposit paid or unpaid, and this feature is not part of our Services.
14. Referral Program – Your friends' booking and inviting friends
14.1. You have the option to invite friends to use Flat-Club. Every friend you invite will have to click the link in the invitation email and sign in. Once the friend has signed in he will be part of the clubs of wich you are a direct member. For example, if you are a member of club A and club B, but to club B you were invited by another friend, then the new friend in the website will only have access to club A of which you are a direct member.
14.2. When an invited friend contacts a host or guest, the other party can see who invited this friend. Therefore, your public profile page can be viewed by the potential guests and hosts of your invited friends.
14.4. To transfer your earnings to your selected payment method, you must notify us by email or click the button on "My Friends' Activity" page.
14.5. Payments are transferred at the beginning of each calendar month, for all requests arrived by the end of the previous calendar month. Please note that payment may take extra time to be paid into your bank account, paid by PayPal or to be sent as a cheque.
14.6. Payments are subject to a fee. Check our FAQ for updated fees. Fees are deducted from the total sum of the funds transferred. If the fee is larger than the sum transferred, we will not transfer the payment.
14.7. You must select your payment method in the "Edit Profile" page, in order for us to be able to process your payments.
15. Cancellations and refunds
15.1. If a guest wishes to cancel his booking, she/he should follow the cancellation policy.
15.2. Flat-Club Commission and Fees are non-returnable and non-refundable, even in the event of cancellation by guest, host, Flat-Club, payment gateway, credit card company, or force major.
16.1. As a guest it is your responsability to leave the property in the same condition as it was given to you. In the event of a host claiming otherwise and providing evidence, you agree you pay the cost of fixing the damage directly to the host. Any dispute related to damages, or any other dispute will be solved directly between the guest and the host, and Flat-Club is not a part of such a dispute.
16.2. As a host you are responsible for claiming any reimbursement for damage caused to your property from the guest directly. Flat-Club is not responsible for any claim or damage.
17. Payments – Our commission and fees are non refundable
17.1. Publishing a property is free; however Flat-Club charges a fee for transferring funds to your selected account.
17.2. Fees are charged from anyone who earns money through our services including host or users who invite friends and get paid for their friends' bookings. The amount of the fee changes according to the payment transfer method and the size of the transaction. UK bank transfers are free of charge. You can find our updated fee prices in the FAQ Help page or Edit Profile pages.
17.3. Fees are deducted from the total sum of the funds transferred. If the fee is larger than the sum transferred, we will not transfer the payment.
17.4. You must select your payment method in the "Edit Profile" page, in order for us to be able to process your payments.
17.5. Commission is added to prices posted by hosts, therefore, it is paid by the guests. You can find our updated commission prices in the FAQ Help page.
17.6. As a host, guest or user you agree to pay the relevant fees and commission.
17.7. Fees and commission are non-refundable and non-returnable under any circumstances. If you cancel your booking according to the cancellation policy, the commission paid is not refundable, and you will only receive the amount you paid minus our commission.
17.8. Payments to the host are transferred 72 hours after check-in. However, we might hold or delay a transfer if we suspect that the host has violated our terms and conditions, or if we suspect there might be fraud occurring.
17.9. Once a payment is made, it can take up to 48 hours for your bank account or other account to reflect this payment.
17.10. Payments to users for their invited friends' booking are made upon request. A user must contact us from the "Friends' Booking" page in order for us to process the payment. Once a user has requested to be paid, it might take up to 45 days to process the payment, however payment is normally transferred on the 1st of every month for all payment requests accepted in the previous calendar month.
18. Intellectual Property
18.1. Flat-Club respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please contact us immediately at email@example.com.
18.2. All copyright, trademarks, and any other intellectual property rights in and relating to this Website, are licensed to or owned by us. As a user or member of this Website you agree not to copy, reuse or embed any information, whether belonging to us or owned by third parties affiliated to us, found on this Website without the written consent from us. You are not permitted to incorporate pages from this Website in framesets on your site without notifying visitors of your site that the ownership of the information lies with us.
Flat-Club does not provide services for children, and users under the age of 18. If you are under 18, you are not allowed to use our website.
Flat-Club clubs are not related to any company, corporation, university or school. The use of Logos is only to signal that users with a valid email address related to these logos can log in with this email address. Flat-Club is not related to the companies or universities which logos are presented in Flat-Club.
Any company, corporation, university or school whose logo is depicted on the site is not liable for: 1) any issue encountered by a club member related to the actions of booking accommodation or renting, leasing or subletting property. 2) Any issue encountered by a user related to payment or receipt of funds for booking accommodation or renting, leasing or subletting property. 3) Any damages to personal property, or property owned by a third party landlord, encountered by a user acting as a host or a guest, during the course of a rental, lease or sublet arranged through Flat-Club.
21. WARRANTY DISCLAIMER
THE SITE SERVICES PROVIDED BY FLAT-CLUB OR ANY OF OUR LICENSORS OR OUR THIRD-PARTY SERVICE PROVIDERS ARE PROVIDED "AS IS," AS AVAILABLE, AND WITHOUT ANY WARRANTIES
OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEB SITE BY ANY THIRD PARTY OR USER. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
23. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR OUR LICENSORS OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER MEMBER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR
LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE SITE SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER
THEORY OF LIABILITY, EXCEED THE GREATER OF: (A) £100, OR (B) THE AGGREGATE AMOUNT OF SERVICE CHARGES ACTUALLY COLLECTED BY US FROM YOU FOR THE SITE SERVICES TO
WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS
MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.