Definitions

1. Parties

   "You" and "Your" refer to you, as a User or Third Party of the Site. A "User" is an individual who accesses, browses, crawls, scrapes, or in any way uses the Site. A "Third Party" is an individual and/or organisation who accesses, browses, crawls, scrapes, or in any way uses the Site. "We", "Us", and "Our" refer to Flatchecker Ltd.

2. Content

   "Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Site, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with the Site. "Flatchecker Content" means Content that we create and make available in connection with the Site. "Third Party Content" means Content that originates from parties other than Flatchecker or its users, which is made available in connection with the Site. "Site Content" means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and Flatchecker Content. "Property Review" means the site area where a user contributes content which is publicly for others to see and share.

Terms of Use

Flatchecker is owned and operated by Flatchecker Ltd, registered in  England and Wales with company number 08060191. Please address all correspondence to: 

Flatchecker Ltd
3 Timber Wharf
240 Kingsland Road
London
E2 8AT

By using this site, you agree to be bound by these Terms of Use, which fall within the exclusive jurisdiction of English courts in the case of any dispute.
We collect anonymous data relating to how you use the site, for example which pages you visit, how long you look at them and details of what browser you are using. We can’t trace any personal information through this tracking, which is covered by our Privacy Policy.
You agree that in your use of this site:

• (i) any information you provide on this site is accurate and reliable to the best of your knowledge (this includes all personal information, contact details and information related to property listings);
• (ii) you will not use Flatchecker to distribute any illegal, obscene or otherwise harmful material;
• (iii) you will not do anything to interfere with other users’ access to the site;
• (iv) you will not copy material from the Flatchecker site without our permission. 

Risk and Information Quality

Flatchecker cannot make any absolute guarantee over the accuracy of any information supplied on this site.
Material supplied on this site, including content on our social media accounts, does not constitute legal advice and is supplied for information purposes only.

Prohibited Activities

The content and information on this Website (including, but not limited to, messages, data, information, text, photos, graphics, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:

• (i) use this Website or its contents for any commercial purpose;
• (ii) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
• (iii) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
• (iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
• (v) deep-link to any portion of this Website for any purpose without our express written permission; or
• (vi) "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.
• (vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Flatchecker in connection with the Website or the services

Copyright and Trademark Notices

All contents of this Website are: ©2012 Flatchecker. All rights reserved. Flatchecker is not responsible for content on websites operated by parties other than Flatchecker. Flatchecker the house logo and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of Flatchecker Ltd and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Flatchecker or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Flatchecker and may not be copied, imitated or used, in whole or in part, without the prior written permission of Flatchecker. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Flatchecker.

Notice and Take-Down Policy for illegal content

Flatchecker operates on a "notice and takedown" basis. If you have any complaints or objections to material or content including Property Reviews posted on this Site, or if you believe that material or content posted on this Site infringes a copyright that you hold, please contact us immediately. Flatchecker will make all reasonable endeavours to remove illegal content within a reasonable time. 

Modifications

Flatchecker may change, add or delete these Terms and Conditions or any portion thereof from time to time in its sole discretion where it deems it necessary for legal, general regulatory and technical purposes, or due to changes in the services provided or nature or layout of the Site. Thereafter, you expressly agree to be bound by any such amended Terms and Conditions.
Flatchecker may change, suspend or discontinue any aspect of the Flatchecker service at any time, including availability of any feature, database or content. Flatchecker may also impose limits on certain features and services or restrict your access to all or parts of the Site or any other Flatchecker web site without notice or liability for technical or security reasons, to prevent against unauthorised access, loss of, or destruction of data or where we consider in our sole discretion that you are in breach of any provision of these Terms and Conditions or of any law or regulation and where it decides to discontinue providing a service.
YOUR CONTINUED USE OF FLATCHECKER NOW, OR FOLLOWING THE POSTING OF ANY SUCH NOTICE OF ANY CHANGES WILL INDICATE ACCEPTANCE BY YOU OF SUCH MODIFICATIONS.

Indemnification

By using the site, you agree to defend and indemnify Flatchecker and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

• (i) your breach of this Agreement or the documents referenced herein;
• (ii) your violation of any law or the rights of a third party; or
• (iii) your use of this Website.

Privacy Policy

Flatchecker believes in protecting your privacy. Any personal information you post on the Site will be used in accordance with our privacy policy. Click here to view our Privacy Policy.

Reviews, Ratings and Comments

Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any property reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant Flatchecker and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that Flatchecker may choose to provide attribution of your comments or reviews at our discretion. You further grant Flatchecker the right to pursue at law any person or entity that violates your or Flatchecker’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and nonproprietary.
Flatchecker does not edit or control the Property Reviews posted to or distributed on this Site including through any bulletin boards or other communications forums, and will not be in any way responsible or liable for such Property Reviews. Flatchecker nevertheless reserves the right for any reason in its sole discretion to remove without notice any Property Reviews and/or Site Content.
The Site may contain functionality in which you may post reviews of property experiences or other content, messages, materials or other items on the Site. If Flatchecker provides such services, you are solely responsible for your use and use them at your own risk. You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

1. Content that impersonates any person, entity or organisation or otherwise misrepresents your affiliation with a person or entity, including Flatchecker;
2. Any message, data, information, text, music, sound, photos, graphics, code or any other material that is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing or advocates harassment of another person, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
3. Content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
4. Content that would constitute, encourage, promote or provide instructions for a conduct of an illegal activity, criminal offence, give rise to civil liability, violate the rights of any party in any country in the world,
5. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
6. Unsolicited promotions, mass mailings or “spamming”, transmission of "junk mail", "chain letters," political campaigning, advertising, contests, raffles, or solicitations;
7. Content containing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
8. Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
9. Private information of any third party, including, without limitation, surname (family name), addresses, phone numbers, email addresses, national insurance numbers and credit card numbers.
10. Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
11. Viruses, corrupted data or other harmful, disruptive or destructive files;
12. Content that is unrelated to the topic of the property address for which a review is added; or
13. Content or links to content that, in the sole judgment of Flatchecker, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Site, or (d) which may expose Flatchecker or its affiliates or its users to any harm or liability of any type.

Flatchecker takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Flatchecker liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Flatchecker is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although Flatchecker has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Flatchecker reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) 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; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Flatchecker or its licensees, successors and assigns; (c) 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 (d) you forever release Flatchecker, and its licensees, successors and assigns, from any claims that you could otherwise assert against Flatchecker by virtue of any such moral rights.
Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Flatchecker’s systems and customers, or to ensure the integrity and operation of Flatchecker’s business and systems, Flatchecker may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content. Flatchecker’s right to disclose any such information shall take precedence over any terms of Flatchecker’s Privacy Policy. 

Liability Disclaimer 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS. FLATCHECKER DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE PROPERTY, RENTALS AND ANY OTHER PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF PROPERTY AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.),
FLATCHECKER LTD MAKE NO REPRESENTATIONS OF ANY KIND ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE (SITE CONTENT) OR ANY PORTION THEREOF FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY FLATCHECKER LTD. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FLATCHECKER LTD DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM THE FLATCHECKER LTD, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW FLATCHECKER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
FLATCHECKER ALSO EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE CONTENT.
NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT FLATCHECKER’S LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; (II) FRAUD; OR (III) WILFUL DEFAULT OR GROSS NEGLIGENCE (IV) ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
SUBJECT TO THE FOREGOING, YOU USE THE SITE AT YOUR OWN RISK AND IN NO EVENT SHALL FLATCHECKER LTD (ITS OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION OF ANY TYPE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF FLATCHECKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THESE TERMS AND CONDITIONS AND FOREGOING LIABILITY DISCLAIMER, DO NOT AFFECT MANDATORY LEGAL RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Flatchecker Ltd.