Terms & Conditions
ONLINE SUBSCRIPTION TERMS
The definitions and rules of interpretation in this clause apply in this Agreement.
Agreement means these Terms & Conditions and the Subscription Form as may be completed by the Member online.
Business Day means any day which is not a Saturday, Sunday or public holiday in the UK and/or any Euro zone countries.
Complaint Procedure means the policy described in clause 3.2.
Confidential Information means information that is proprietary or confidential and is either clearly labelled as such or is identified as Confidential Information in clause 12.
Effective Date means the date of this Agreement as set out in the Subscription Form.
Feedback means a review of a Home Owner that is uploaded by a House Sitter to the Website.
Home Owner means the Member who makes their property available to House Sitters and who engages a House Sitter in respect of such property.
House Sitter means the Member who provides the services of caring for the property and/or pet(s) of the House Sitter.
Information means the information made available to the Member by TrustedHousesitters via the Website or such other tools as may be used from time to time including, but not limited to, emails.
Initial Subscription Term means the initial term of this Agreement as set out in the Subscription Form.
Login Details means the user name and password of each Member.
Member means Home Owners and House Sitters to which the Subscription Services are provided by TrustedHousesitters as set out in the Subscription Form.
Member Content means Feedback, Reviews, References and any other content of any nature uploaded by a Member to the Website.
Member Code of Conduct means: (i) the Home Owner and House Sitter guidelines; and (ii) the undertaking by the Member that the Member Data he provides and any Member Content he posts is accurate and truthful in all respects, and is not misleading, defamatory, obscene, illegal, violent and/or threatening to others' security or privacy, and does not infringe third party intellectual property rights, including any information relating to the Home Owner's property, its content, size, pets and any such rules of conduct as may be added and notified by TrustedHousesitters to Members from time to time.
Member Data means the data inputted by the Member, or by TrustedHousesitters on the Member's behalf, for the purpose of using the Subscription Services or facilitating the Member's use of the Subscription Services.
Nominated Person means the person whom the Member specifies in the Subscription Form and/or any person whom the Member permits either directly or indirectly by an action or omission, to use the Subscription Services during the Subscription Term.
Normal Business Hours means 9.00 am to 5.00 pm local UK time, each Business Day.
Reference means a reference provided by a third party nominated by a House Sitter regarding such House Sitter that is uploaded to the Website.
Renewal Date means the day immediately following the end of the Subscription Term and, subsequently, the day immediately following the end of each Renewal Period.
Renewal Period means each successive additional period of 12 months after the Initial Subscription Term.
Review means a review of a House Sitter that is uploaded by a Home Owner to the Website.
Software means the online software applications developed and provided by TrustedHousesitters as part of the Subscription Services.
Subscription means the subscription to the Subscription Services purchased by the Member pursuant to this Agreement which entitles the Member to access and use the Subscription Services and the Information in accordance with this Agreement.
Subscription Fees means the subscription fees payable by the Member to TrustedHousesitters for the Subscription, as set out on the Website.
Subscription Form means the form to be completed online by the Member when subscribing to the Subscription Services.
Subscription Services means the services provided by TrustedHousesitters as part of a Subscription and made available to the Member on the Website or in such other format as may be determined by TrustedHousesitters from time to time.
Subscription Support Services means the support services provided by TrustedHousesitters to assist Members in using the Subscription Services.
Subscription Support Services Policy means TrustedHousesitters' policy for providing the Subscription Support Services as made available at www.trustedhousesitters.com or such other website address as may be notified to the Member from time to time.
Subscription Term means the Initial Subscription Term together with any subsequent Renewal Periods, including any automatic renewal period(s) and any such period of time where Subscription Services are provided or obtained by a Member as a result of the Subscription.
Terms means these terms and conditions as amended by TrustedHousesitters and notified to Members from time to time.
TrustedHousesitters means TrustedHousesitters Limited incorporated and registered in England and Wales with company number 07227301 whose registered office is at 20-22 Wenlock Road, London N1 7GU, England and with VAT Number 157737573.
Virus means any thing or device including any software, code, file or programme which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise; or adversely affect the user experience of the Website, Subscription Services and/or Information, including worms, trojan horses, viruses and other similar things or devices.
Website means www.trustedhousesitters.com or such other website as may be used by TrustedHousesitters from time to time.
- Clause, schedule and paragraph headings shall not affect the interpretation of this Agreement.
- A person includes an individual, corporate or unincorporated body whether or not having separate legal personality and that person's legal and personal representatives, successors or permitted assigns.
- A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
- Words in the singular shall include the plural and vice versa.
- A reference to one gender shall include a reference to the other genders.
- A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
- Any words following the terms "including", "include", "in particular", "for example" or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
- A reference to writing or written includes e-mail but not faxes.
- References to clauses and schedules are to the clauses and schedules of this Agreement.
- To purchase a Subscription, the Member must follow the instructions set out on the Website. The Member's submission of an order for a Subscription is an offer by the Member to enter into a Subscription with TrustedHousesitters. TrustedHousesitters will notify the Member by email if it accepts the Member's offer at which point a contract will be formed under these Terms between TrustedHousesitters and the Member in respect of the Member's Subscription.
- Subject to the Member purchasing the Subscription Services in accordance with this Agreement, TrustedHousesitters hereby grants the Member a non-exclusive, non-transferable right to use the Subscription Services during the Subscription Term solely for the Member's, and any Nominated Person's, personal use and information.
The Member shall:
- not allow or permit its Subscription to be used by any person other than the Nominated Person;
- keep his Login Details for his use of the Subscription Services and his password confidential;
- permit TrustedHousesitters to audit the Subscription Services in order to establish the name and password of the Member as may be required from time to time; and
- if any of the audits referred to in clause 2.3.3 reveal that any password has been provided to any individual who is not a Member, without prejudice to TrustedHousesitters' other rights and remedies, promptly disable such passwords and TrustedHousesitters shall not issue any new passwords to any such individual.
The Member shall not access, store, distribute or transmit any Virus, or any material during the course of its use of the Subscription Services that:
- is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
- facilitates illegal activity;
- depicts sexually explicit images;
- promotes unlawful violence;
- is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
- in a manner that is otherwise illegal or causes damage or injury to any person or property,
The Member shall not:
except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties:
- (a) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit or distribute all or any portion of the Software and/or Information, as applicable, in any form or media or by any means, except to the extent expressly permitted under this Agreement; and/or
- (b) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software;
- access all or any part of the Subscription Services and Information in order to build a product or service which competes with the Subscription Services (including the Website, Software and Information);
- use the Subscription Services and/or Information to provide Subscription Services, or any services similar to the Subscription Services, to third parties;
- subject to clause 20.1, license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Subscription Services and/or Information available to any third party; and/or
- attempt to obtain, or assist third parties in obtaining, access to the Subscription Services and/or Information, other than as provided under this clause 2.
- except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties:
- The Member shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Subscription Services and/or the Information and, in the event of any such unauthorised access or use, promptly notify TrustedHousesitters.
- The Member shall not disclose any personal information such as an email address, telephone number or website/blog details in their public profile and listings. These can be shared via the secure messaging system once initial contact has been made.
- The rights provided under this clause 2 are granted personally to the Member only, and shall not be considered granted to any business or organisation of the Member, whether wholly or partly owned.
- The Member shall be fully responsible and liable for any acts or omissions of any Nominated Person.
- The Member has the right to post Member Content on the Website.
- The Member Content must comply with the Member Code of Conduct.
- TrustedHousesitters reserves the right to publish any Member Content on the Website or elsewhere as it sees fit in its absolute discretion.
- The Website may provide the technical option for a Member to comment on any negative Member Content and the Member's comments will also be included on the Website.
- The Member Content or any comments in response to Member Content may only be provided by the relevant Home Owner or House Sitter.
- If a Member has any complaint about the Website, Subscription Services and/or Trusted Housesitters (including in respect of any Member Content), the Member shall use the following Complaint Procedure to inform TrustedHousesitters of such alleged breach:
- (a) the Member shall send a written notice to TrustedHousesitters via the "contact us" page on the Website;
- (b) TrustedHousesitters shall have 30 days from the date of receipt of the notice above to make an initial assessment of the complaint and, if the complaint concerns another Member, the provisions of clause 3.3 ("Suspension") shall apply during such period;
- (c) TrustedHousesitters may temporarily block access to any objectionable content (if applicable, including Member Content) pending resolution of the complaint; and
- (d) TrustedHousesitters will send its findings in writing to the complaining Member, and its decision shall be binding and final.
- If a Member has any complaint about the Website, Subscription Services and/or Trusted Housesitters (including in respect of any Member Content), the Member shall use the following Complaint Procedure to inform TrustedHousesitters of such alleged breach:
TrustedHousesitters reserves the right to suspend a Member's Subscription if:
- (a) it is assessing a complaint in accordance with 3.2.1(b);
- (b) there is a dispute with another Member, TrustedHousesitters or any other third party; and/or
- (c) the Member receives or uploads negative Member Content that brings or is likely to bring TrustedHousesitters' reputation into disrepute.
- If a Member is suspended then he shall remain listed in the Member database but may not be listed on the Website until he has been notified in writing by TrustedHousesitters that the suspension has ended.
- During the term of a suspension, TrustedHousesitters may conduct an investigation and if, in its reasonable opinion, it is satisfied that:
- (a) no breach of this Agreement (including of the Member Code of Conduct) has occurred or that a complaint was proven to be unjustified or inappropriate, or if a breach has occurred, it has been rectified to TrustedHousesitters' reasonable satisfaction, or if there was a dispute it has been resolved to TrustedHousesitters' reasonable satisfaction, then TrustedHousesitters shall reinstate the Member's Subscription; or
- (b) a breach of this Agreement (including of the Member Code of Conduct) has occurred and has not been rectified to TrustedHousesitters' reasonable satisfaction, or that a complaint was proven to be justified or appropriate, or if there was a dispute that has not yet been or cannot be resolved, then TrustedHousesitters shall have the right at its sole discretion, but shall be under no obligation, to remove the Member's listing from the Website and this Agreement shall be terminated in accordance with clause 15.2.2(b).
- If the outcome of the investigation by TrustedHousesitters is that the Subscription should not have been suspended, then TrustedHousesitters shall extend the Subscription Term by the period of time that it had been suspended for.
- TrustedHousesitters reserves the right to suspend a Member's Subscription if:
- TrustedHousesitters shall, during the Subscription Term, provide the Subscription Services to the Member on and subject to the terms of this Agreement.
TrustedHousesitters shall use commercially reasonable endeavours to make the Subscription Services available 24 hours a day, 7 days a week, except for:
- planned maintenance carried out as shall be announced in advance to Members on the Website or by any other method elected by TrustedHousesitters from time to time; and
- unscheduled maintenance performed outside Normal Business Hours, provided that TrustedHousesitters has used reasonable endeavours to give the Member notice in advance as soon as it is able to; and
- events beyond TrustedHousesitters' reasonable control, such as a Virus, power failure, etc.
- TrustedHousesitters will, as part of the Subscription Services and at no additional cost to the Member, provide the Member with Subscription Support Services during Normal Business Hours in accordance with the Subscription Support Services Policy in effect at the time that the Subscription Services are provided. TrustedHousesitters may amend the Subscription Support Services Policy in its sole and absolute discretion from time to time.
- The Member shall own all right, title and interest in and to all of the Member Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Member Data.
The Member acknowledges that the Subscription Services will enable or assist him to:
- access the website content of, correspond with, and receive or acquire services from, third parties;
- access (among other things) the Home Owner's property, its contents, pets, etc.; and/or
- receive or acquire services from House Sitters,
- For the avoidance of doubt, TrustedHousesitters does not endorse or approve any Home Owner, House Sitter and/or any third party services, access to which is made available via the Subscription Services.
Please note that:
- "24/7 Vet Help" is provided by Vetdirect Ltd and TrustedHousesitters has no control over the advice provided through 24/7 Vet Help. Any advice provided by 24/7 Vet Help is for information purposes only;
- if a Member elects to undertake a 'Standard' or 'Enhanced' verification of their identification details, such verification will be performed by Onfido Ltd and will constitute a separate contract between the Member and Onfido Ltd in respect of which TrustedHousesitters shall have no responsibility or liability whatsoever.
- TrustedHousesitters shall perform the Subscription Services in accordance with this Agreement and with reasonable skill and care.
- shall endeavour to provide constant, uninterrupted access to the Website and the Subscription Services, but it cannot and does not guarantee to do so. Access to the Website is permitted on a temporary basis. TrustedHousesitters may suspend, withdraw, discontinue or change all or any part of the Website without notice. The Member is responsible for making all arrangements necessary for him to have access to the Website; and
- is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Member acknowledges that the Subscription Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
- This Agreement shall not prevent TrustedHousesitters from entering into similar agreements with third parties, or from independently developing, using, selling or licensing Information, products and/or services which are similar to those provided under this Agreement.
- TrustedHousesitters has and shall maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this Agreement.
The Member hereby warrants that he shall:
- co-operate with TrustedHousesitters and provide all necessary access to such information as may be reasonably required by TrustedHousesitters to enable it to provide the Subscription Services including, but not limited to, Member Data and security access information including Login Details;
- comply with all applicable laws and regulations with respect to its activities under this Agreement;
- comply with the Member Code of Conduct;
- use the Subscription Services in accordance with the terms and conditions of this Agreement;
- be solely responsible for procuring and maintaining its network connections and telecommunications links from its systems to the Website and managing all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the Member's network connections or telecommunications links or caused by the internet; and
- ensure that the use and possession of any Member Data by TrustedHousesitters or the exercise of any right granted to TrustedHousesitters, does not infringe any right of any third party.
- The Member shall pay the Subscription Fees to TrustedHousesitters for the Subscription in accordance with this clause 9.
The Member shall pay the Subscription Fees in accordance with the procedure set out on the Website and the following shall apply:
- in respect of the Initial Subscription Term, the Subscription Fees shall be payable in advance on the Effective Date; and
- in respect of any Renewal Period, the Subscription Fees shall be payable in advance on each Renewal Date for the following Renewal Period.
All amounts and fees stated or referred to in this Agreement (including the Subscription Fees):
- shall be payable in the currency available on and selected by the Member when completing the Subscription Form and TrustedHousesitters shall not be liable for any additional sums paid due to any bank charges;
- may be cancelled or refunded within 7 days of written notice provided by the Member to TrustedHousesitters via the 'contact us' page on the Website, as long as and only if the Member has not used the Subscription Services during this time; and
- are exclusive of value added tax, which shall be added to TrustedHousesitters' invoice(s) at the appropriate rate in the UK.
- TrustedHousesitters shall be entitled to increase the Subscription Fees at the start of each Renewal Period and shall notify the Member in advance of any such change.
If TrustedHousesitters does not receive payment on time then, without prejudice to any other rights and remedies of TrustedHousesitters:
- TrustedHousesitters may, without liability to the Member, disable the Member's Subscription and TrustedHousesitters shall be under no obligation to provide any or all of the Subscription Services while the Subscription Fees concerned remain unpaid; and
- interest shall accrue on such due amounts at an annual rate equal to 4% over the then current base lending rate of HSBC at the date the relevant invoice was issued, commencing on the due date and continuing until fully paid, whether before or after judgment.
- If any of the audits referred to in clause 2.3.3 reveal that the Member has underpaid Subscription Fees to TrustedHousesitters then, without prejudice to TrustedHousesitters' other rights, the Member shall pay to TrustedHousesitters an amount equal to such underpayment as calculated in accordance with the prices set out in the Subscription Form within 10 Business Days of the date of the relevant audit. Any non-payment after such 10 Business Day period will accrue interest in accordance with clause 9.5.2.
- With the exception of free trial periods, Subscriptions are for the Initial Subscription Term. The Member's Subscription will automatically renew at the end of the Initial Subscription Term for successive Renewal Periods thereafter. The Member agrees that TrustedHousesitters may automatically renew a Subscription and charge the annual Subscription Fees to the Member's debit or credit card on each Renewal Date, unless the Member cancels their Subscription before the Renewal Date.
- The Member will receive an email notice approximately 30 days prior to their Subscription's Renewal Date. The notice will let the Member know that their Initial Subscription Term/Renewal Period (as applicable) is about to end and the Renewal Date when on which their Subscription will be renewed and their account charged. All notices regarding a Subscription will be sent to the email address specified in the Member's account. To cancel a Subscription without their account being charged for the next Renewal Period, the Member must notify TrustedHousesitters of their request to cancel their Subscription before the Renewal Date. Members should keep a record of the next Renewal Date. The Member is solely responsible for timely cancelling their Subscription.
- Subscription Fees in respect of the Renewal Period are due on the Renewal Date and will automatically be charged to the same debit or credit card that was used for the original Subscription Fee payment, or the most recent renewal. The Member must notify TrustedHousesitters before the Renewal Date of any changes to their email, account or billing information. The Member can manage their account preferences, including cancellation of auto-renewal, via their online account on the Website. The Subscription Fees for a Renewal Period will be the same price as for the Initial Subscription Term/previous Renewal Period (as applicable), prior to any discounts then applied, unless TrustedHousesitters gives the Member advance notice of a price change.
- TrustedHousesitters will refund The Member's Subscription Fees in respect of their Initial Subscription Term/Renewal Period (as applicable) provided that they cancel their subscription during the 14 day period following the Initial Subscription Term/Renewal Period (as applicable). After the end of the applicable 14 day refund period, the Subscription Fees are non-refundable.
- The Member can cancel his Subscription via his online account on the Website. Cancellation of the Subscription will be effective at the end of the then-current Initial Subscription Term/Renewal Period (as applicable) in respect of which he have already paid the Subscription Fees.
- The Member acknowledges and agrees that TrustedHousesitters and/or its licensors own all intellectual property rights in the Subscription Services, Information and the Website including, but not limited to, any Member Content. Except as expressly stated herein, this Agreement does not grant the Member any rights to, or in, patents, copyright, database rights, trade secrets, trade names, trade marks whether registered or unregistered, or any other rights or licences in respect of the Subscription Services, the Information or the Website.
- TrustedHousesitters confirms that it has all the rights in relation to the Subscription Services and the Information that are necessary to grant all the rights it purports to grant under, and in accordance with, the terms of this Agreement.
The Member hereby acknowledges that by uploading of any information or material onto the Website, including, but not limited to, text and images, they make such information publically available and by doing so the Member hereby grants TrustedHousesitters a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to:
- use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform that information throughout the world in any media, now known or hereafter devised; and
- use the name that you submit in connection with such information.
- TrustedHousesitters does not grant the Member any rights over Member Content other than the right to refer to the Member Content for personal use during the Subscription Term.
- The Member authorises TrustedHousesitters to publish any Member Content on the Website or elsewhere.
Each party may be given access to Confidential Information from the other party in order to perform its obligations under this Agreement. A party's Confidential Information shall not be deemed to include information that:
- is or becomes publicly known other than through any act or omission of the receiving party;
- was in the other party's lawful possession before the disclosure;
- is lawfully disclosed to the receiving party by a third party without restriction on disclosure;
- is independently developed by the receiving party, which independent development can be shown by written evidence; or
- is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.
- Each party shall hold the other's Confidential Information in confidence and, unless required by law, not make the other's Confidential Information available to any third party, or use the other's Confidential Information for any purpose other than the implementation of this Agreement.
- Each party shall take all reasonable steps to ensure that the other's Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of the terms of this Agreement.
- The Member acknowledges that details of the Subscription Services, and the results of any performance tests of the Subscription Services, constitute TrustedHousesitters' Confidential Information.
- TrustedHousesitters acknowledges that the Member Data is the Confidential Information of the Member.
- This clause 12 shall survive termination of this Agreement, however arising.
As a consumer, the Member has legal rights in relation to the Subscription Services if the Subscription Services are not carried out with reasonable skill and care. Advice about the Member's legal rights is available from the Member's local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
This clause 14 sets out the entire financial liability of TrustedHousesitters including any liability for the acts or omissions of its employees, agents and sub-contractors to the Member:
- arising under or in connection with this Agreement;
- in respect of any use made by the Member of the Subscription Services and Information or any part of them; and
- in respect of any representation, statement or tortious act or omission including negligence arising under or in connection with this Agreement.
- Except as expressly and specifically provided in this Agreement the Member assumes sole responsibility for their use of the Subscription Services and the Member Content provided by the Member and the Nominated Person. TrustedHousesitters shall have no liability for any damage caused by errors or omissions in any information provided to TrustedHousesitters by the Member in connection with the Subscription Services, or any actions taken by TrustedHousesitters at the Member's direction.
Nothing in this Agreement excludes the liability of TrustedHousesitters:
- for death or personal injury caused by TrustedHousesitters' negligence; or
- for fraud or fraudulent misrepresentation.
Subject to the provisions in this Clause 14, TrustedHousesitters makes no representation or commitment and shall not be liable whether in tort, contract, or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any charges or expenses however arising under this Agreement suffered by the Member further to:
- the content or use of, or correspondence with, any such third-party website; and/or
- any transactions completed, and any contract entered into by the Member, with any such third party;
- the Home Owner whether to its property, content, pet(s), reputation or anything else related to the services acquired by the Home Owner as a consequence of this Agreement;
- the House Sitter whether to its personal property, pet(s), reputation or anything else related to the services it provided to the Home Owner as a consequence of this Agreement; and
- the publication of Member Content on the Website or elsewhere.
In no event shall TrustedHousesitters, its employees, agents and sub-contractors be liable to the Member to the extent that the alleged infringement is based on:
- a modification of the Subscription Services or Information by anyone other than TrustedHousesitters;
- the Member's use of the Subscription Services or Information in a manner contrary to this Agreement or any reasonable instructions given to the Member by TrustedHousesitters; or
- the Member's use of the Subscription Services or Information after notice of the alleged or actual infringement from TrustedHousesitters or any appropriate authority.
- TrustedHousesitters shall not be liable to the Member for any losses the Member suffers due to: (i) TrustedHousesitters' breach of this Agreement; or (ii) TrustedHousesitters' negligence, that are not a foreseeable result of such breach by or negligence of TrustedHousesitters. Loss or damage is foreseeable if it is an obvious consequence of TrustedHousesitters' breach or if it was contemplated by the Member and TrustedHousesitters at the time this Agreement was entered into.
- This Agreement shall, unless otherwise terminated as provided in this clause 15, commence on the Effective Date and shall continue for the Subscription Term, unless otherwise terminated in accordance with the provisions of this Agreement.
Without prejudice to any other rights or remedies to which the parties may be entitled:
- either party may terminate this Agreement by written notice with immediate effect and without liability to the other if the other party commits a material breach of any of the terms of this Agreement and, if such a breach is remediable, fails to remedy that breach within 5 Business Days of that party being notified in writing of the breach; and
TrustedHousesitters may terminate this Agreement by written notice with immediate effect and without liability to the Member if:
- (a) TrustedHousesitters is of the reasonable opinion that information provided on the Subscription Form or Feedback is false; or
- (b) clause 3.3.3(b) applies.
- In the event that the Member terminates this Agreement in accordance with clause 15.2.1 due to a breach by TrustedHousesitters, the Member will be entitled to a pro-rata refund of their Subscription Fees.
- If TrustedHousesitters terminates this Agreement in accordance with clause 15.2.1 due to a breach by the Member, the Member will not be entitled to a refund of any Subscription Fees.
- On termination of this Agreement the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination, shall not be affected or prejudiced.
TrustedHousesitters shall have no liability to the Member under this Agreement if it is prevented from or delayed in performing its obligations under this Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control including, without limitation, strikes, lock-outs or other industrial disputes whether involving the workforce of TrustedHousesitters or any other party, failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.
- A waiver of any right under this Agreement is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given.
- TrustedHousesitters' failure to enforce any of its rights under the Agreement will not constitute a waiver of such right(s).
- Unless specifically provided otherwise, rights arising under this Agreement are cumulative and do not exclude rights provided by law.
- If any provision or part of a provision of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
- If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
- This Agreement, and any documents referred to in it, constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.
- Each party acknowledges and agrees that in entering into this Agreement it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding whether in writing or not of any person whether party to this Agreement or not relating to the subject matter of this Agreement, other than as expressly set out in this Agreement.
- The Member shall not, without the prior written consent of TrustedHousesitters, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement.
- TrustedHousesitters may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement.
- TrustedHousesitters may amend these Terms from time to time. If TrustedHousesitters revises these Terms as they apply to the Member's Subscription, TrustedHousesitters will contact the Member to give the Member reasonable advance notice of the changes and let the Member know how to cancel their Subscription if they are not happy with the changes.
Nothing in this Agreement is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power.
This Agreement does not confer any rights on any person or party other than the parties to this Agreement and, where applicable, their successors and permitted assigns pursuant to the Contracts (Rights of Third Parties) Act 1999.
- Any notice required to be given under this Agreement shall be in writing and shall be delivered by hand or sent by pre-paid first-class post or recorded delivery post to the other party at its address set out in this Agreement, or such other address as may have been notified by that party for such purposes, or sent by email to the other party's email address as provided on the Subscription Form for the Member and on the "contact us" page on the Website for TrustedHousesitters.
- A notice delivered by hand shall be deemed to have been received when delivered or if delivery is not in business hours, at 9 am on the first Business Day following delivery. A correctly addressed notice sent by pre-paid first-class post or recorded delivery post shall be deemed to have been received at the time at which it would have been delivered in the normal course of post. A notice sent by email shall be deemed to have been received on despatch, provided that the sender does not receive any indication that the email message transmission has not been successfully transmitted to the intended recipient.
- This Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation including non-contractual disputes or claims are governed by, and construed in accordance with, English Law.
- This Agreement, and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims), is governed by English law and you can bring legal proceedings in respect of this Agreement in the English courts. If you live in Scotland you can bring legal proceedings in respect of this Agreement in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of this Agreement in either the Northern Irish or the English courts.
- For more information on the European Commission's online dispute resolution platform, please visit http://ec.europa.eu/consumers/odr/.