Welcome to www.CatchtheLingo.com.com ("CatchtheLingo.com"). By offering apartment accommodation on CatchtheLingo.com you are agreeing to the following terms. CatchtheLingo.com is provided to you by Que Bueno Limited, 27 Porchester Square, London, registered in England and Wales with number 6900995. This policy is effective March 6th, 2010.
As a condition of your use of CatchtheLingo.com you agree that you will not: violate any laws; violate the posting rules, be false or misleading; infringe any third-party right;; impose an unreasonable load on our infrastructure or interfere with the proper working of CatchtheLingo.com; use any robot spider, scraper or other automated means to access CatchtheLingo.com and collect content for any purpose without our express written permission; harvest or otherwise collect information about others, including email addresses, without their consent; bypass measures used to prevent or restrict access to CatchtheLingo.com. You are solely responsible for all information that you submit to CatchtheLingo.com and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breeching the above terms. We also reserve the right at our discretion the right to approve or decline your application to offer apartments on this website.
CatchtheLingo.com and the CatchtheLingo.com community work together to keep the site working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system. Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off CatchtheLingo.com if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. We may charge a fee for certain services. If the service you use incurs a fee, you'll be able to review and accept terms that will be sent to you in as an email. Our fees are quoted in USD, and we may change them from time to time. We'll notify you of changes to our fee policy by emailing you. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. Our fees are non-refundable, and you are responsible for paying them when they're due. If you don't, we may limit your ability to use the services.
CatchtheLingo.com contains content from us, you, and other users. CatchtheLingo.com is protected by copyright laws and international treaties. Content displayed on or via CatchtheLingo.com is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from CatchtheLingo.com without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in CatchtheLingo.com. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of CatchtheLingo.com (other than your own content). When you give us content, you are granting us and representing that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content.
Payment and Liability
After receipt of reservation request, we recommend that the accommodation agent makes immediate direct contact with the Customer to confirm details (including payment) and to notify them of the terms and conditions of the accommodation agent. The accommodation agent is responsible to the customer for any failure to deliver the service as advertised on the online profile, including but not limited to cancellations or variations in the Apartments offered.
Should the customer fail to pay the remainder of the full fees by the agreed date, this is a matter for the accommodation agent to address with the customer in accordance with the accommodation agent terms and conditions. We are not liable to the accommodation agent for any payments to be made by the Customer to the accommodation agent.
We cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of CatchtheLingo.com, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 Pounds Sterling.
This agreement and the other policies posted on CatchtheLingo.com constitute the entire agreement between CatchtheLingo.com and you, superseding any prior agreements.
This Agreement shall be governed and construed in all respects by the laws of England and Wales. You agree that any claim or dispute you may have against CatchtheLingo.com.com must be resolved by the courts of England and Wales. You and CatchtheLingo.com both agree to submit to the exclusive jurisdiction of the English Courts; for claims falling within the jurisdiction of a County Court.
If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive.
We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.
Your notices to us must be sent by email to firstname.lastname@example.org. We will send notices to you via the email address you provide, or by registered mail.
Notices sent by registered mail will be deemed received five days following the date of mailing.
We may update this agreement at any time, with updates taking effect when you next post or 5 days after we post the updated policy on the site, whichever is sooner.We will always inform you by email of any updates. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.
RULES FOR POSTING ACCOMMODATION. The “Accommodation” section of CatchtheLingo.com is for advertising entire Apartments, Student residence accommodation and rooms..
• No duplicate ads
• No duplicate ads We only allow 1 ad per apartment. Please don't post the same ad (even if re-worded!) more than once either in the same category or across multiple categories. If there are a few possible areas for your ad then please choose the most relevant. Any duplicate ads will be removed and if you continue to post duplicates we may decide to restrict your access.
• Post in the correct category and correct location Please post in the correct category as it helps both posters in reaching the right audience with their ad and helps the users looking for something to find what they want. The category specific guidelines below indicate which ads we do and don’t accept in each category.
• No links to other websites. Please don't put a link in your ad to further details on another website. You should find everything you need on CatchtheLingo.com to create a successful ad.
• No keyword spamming Keyword spamming is the practice of listing lots of often irrelevant phrases or words in an ad purely in an attempt to have a better search ranking. We don't allow this on CatchtheLingo.com because it is very frustrating to our users to find irrelevant ads in their search results, it can make ads hard to read and it creates an unlevel playing field. CatchtheLingo.com reserves the right to remove any postings that we feel are not relevant, or of value to the CatchtheLingo.com community, with or without notice.
• Please ensure that each ad ONLY advertises one property.
• Only Professional agents or Professional providers of student accommodation can offer accommodation.
• Please note that we reserve the right to remove ads without refund where these breach our posting rules and/or our terms and conditions. .
• The application form and online profile are completed accurately.
• Catchthelingo.com are notified immediately of any changes, errors, mistakes or omissions in the online profile.
• All systems (including IT systems) are operational and have an adequate backup to ensure any communication breakdown is resumed within 24 hours..
• The services referred to in this agreement are provided to customers and to Catchthelingo.com with reasonable care and skill and to the best of the accommodation agent ability.
• That the price listed (in $US) for any Apartment on CatchtheLingo.com is the lowest price that the Apartment is currently offered by the accommodation agent.
• That a price listed (in $US) on the website is inclusive of all fees charged for that Apartment or add on such as but not limited to registration fees, administration fees, taxes and support fees.
• The accommodation agent shall at all times be responsible and directly accountable to their respective Revenue authorities for all income tax, VAT, levies, contributions and other taxes payable on fees paid under the provisions of this agreement.
OBLIGATIONS OF Catchthelingo.com
For the consideration outlined above, Catchthelingo.com shall ensure the accommodation agent profile is promoted through the www.catchthelingo.com website, and other sites, in accordance with Catchthelingo.com’s terms and conditions.
Where an enquiry is received from a customer Catchthelingo.com will promptly forward the enquiry to the Accommodation agent in accordance with the Agreed Procedure.
Confidential Information and Company Property.
The accommodation agent undertakes and agrees that it will maintain the confidentiality of all Confidential Information, that the Confidential Information will be used by the accommodation agent exclusively for the purposes of this Agreement and in accordance with Catchthelingo.com’ instructions and will not be disclosed in whole or in part to any third parties PROVIDED HOWEVER that such parts (and only such parts) of the Confidential Information may be disclosed to such of the directors, officers and employees of the accommodation agent who need to have such information for the purposes of this Agreement, it being hereby further agreed that the accommodation agent will inform such directors, officers and employees of the confidential nature of such information and that the accommodation agent will procure prior to any such disclosure that each such person to whom disclosure is intended is made aware of the obligations and restrictions in this Agreement and that such person complies with the obligations and restrictions in this Agreement.
The accommodation agent further warrants and undertakes that it shall take all reasonable measures to protect the secrecy of the Confidential Information, and will ensure that all persons employed by the accommodation agent and/or having access to the place at which this Agreement is carried out are aware of and comply with the measures aforesaid.
The accommodation agent undertakes and agrees that in performing its obligations in relation to this Agreement it will at all times strictly comply with all relevant laws and regulations from time to time applicable, including but not limited to, data protection and privacy laws that may be applicable arising from, or, in connection with this Agreement and the Confidential Information and the terms of this Agreement.
The obligations as to confidentiality contained in this Agreement shall continue in force indefinitely notwithstanding the termination or expiry of the Agreement.
The accommodation agent expressly licenses, consents and authorises Catchthelingo.com to use information including but not limited to the accommodation agents business name, logo and any associated trademarks submitted in their application form and through the www.catchthelingo.com website ("Service Provider Information").
Catchthelingo.com will use the accommodation agents information for all reasonable use throughout the world for the duration of this agreement for the purposes of promoting the business of the accommodation agent and www.catchthelingo.com.
Each of the parties shall comply with its obligations under the Data Protection Act 1988 and any amendments thereto as regards relevant data in its possession and also as regards any actions, systems, practices and procedures adopted by either party in relation to the compilation, storage and use of relevant data supplied by either party to the other for the purpose of this agreement.
Catchthelingo.com hereby notifies accommodation agent that the Catchthelingo.com Group’s data contains personal data as defined by the data protection laws. ("Catchthelingo.com’ Personal Data"). Notwithstanding any provision in this Agreement Catchthelingo.com shall only be obliged to provide information to accommodation agent to the extent permitted by the relevant data protection law.
If in performing the services under this Agreement, the accommodation agent processes Catchthelingo.com’
a) accommodation agent agrees that it will process such personal data solely in accordance with the written instructions of the Catchthelingo.com; b) accommodation agent agrees that it will comply with Catchthelingo.com’ technical and organisational security measures, as notified in writing by Catchthelingo.com to accommodation agent and which are necessary to comply with the security obligations of the data protection laws; and c) accommodation agent agrees that it will carry out such processing of personal data with reasonable skill, care and diligence and in accordance with the provisions of the data protection laws.
The accommodation agent hereby warrants to the Catchthelingo.com that in respect of Catchthelingo.com Personal Data it will observe all obligations under the data protection laws and, will indemnify Que Bueno Ltd against all breaches of the data protection laws due to accommodation agent’s failure under the terms of this agreement or accommodation agent’s failure to comply with this Clause in respect of Catchthelingo.com's Personal Data. Further, accommodation agent agrees to comply with any notified written instructions (if any) from Catchthelingo.com in respect of the processing, use and manipulation of Catchthelingo.com’ Personal Data.
The accommodation agent shall not assign this Agreement or delegate its obligations under this agreement to any person, firm or company (whether by sub-contracting or otherwise), in whole or in part, without the prior written consent of Catchthelingo.com. Entire Agreement 33) This agreement embodies the entire understanding of the parties hereto concerning the subject matter hereof and overrides and supersedes any prior promises, representations, understandings, arrangements or agreements concerning the same.
SCHEDULE 1 “AGREED PROCEDURE”
Introduction and approval of accommodation agent
1. Person to Person or Telephone Introduction
2. Follow up email with sign up invitation link
3. accommodation agent completes online contact details form and agrees to accommodation agent Agreement online, confirming agreement by ticking “Agreed" to Terms” box. Once completed, this is to be printed and signed.
4. Applications which meet the minimum criteria are then approved by Catchthelingo.com..
5. Approval is confirmed by email with an email inviting the accommodation agent to complete their online profile.
Completion of Online Profile
1. Once they have received their confirmation of approval, the accommodation agent will be invited to update their online profile by signing in to www.catchthelingo.com
2. The online profile is being relied on by Catchthelingo.com to promote Apartments to students.
3. The accommodation agent must, to the greatest extent possible keep their profile up to date with relevant changes. We cannot be responsible for failures to update profiles. Any profile updates will be updated as soon as practicable.
4. The accommodation agent must price Apartments on CatchtheLingo.com on a best price basis where the price offered on catchthelingo.com is no higher than the price offered directly or indirectly to potential students outside catchthelingo.com.
5. While we will do our best to ensure any potential mistakes are identified and filtered, the accommodation agent is solely responsible for any errors or omissions in the online profile.
Referral of Customers to accommodation agent
1.Customers select a accommodation agent from the www.catchthelingo.com website based on the online profile information provided. Customers will agree to Catchthelingo.com terms and conditions.
2. The customer has the option to complete and send a reservation enquiry that will come to CatchtheLingo.com. THE CUSTOMER, AT NO POINT, MAKES A BOOKING PAYMENT TO CATCHTHELINGO.COM
3. The details are then checked by Catchthelingo.com to filter spam\unwanted enquiries and are then passed on to the Accommodation agent.
4. The accommodation agent then pays Catchthelingo.com an agreed commission within 7 days of receiving this enquiry.
We may update this agreement at any time, with updates taking effect when you next edit your profile or 5 days after we post the updated policy on the site, whichever is sooner.
We will notify you of any changes we make to this agreement. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.