This page (together with the documents referred to on it) sets out the terms of use on which you may make use of our Ashcourt Student Living app (“our app”), whether as a guest or a registered user.
Please read these terms of use carefully before you start to use the app as by continuing to use our app you will be deemed to have unconditionally accepted these terms of use and agree to abide by them. If you do not agree to these terms of use (including any revisions which we may subsequently make as referred to below), then we do not permit you to use the app and you must stop doing so immediately.
INFORMATION ABOUT US
Our app is owned and operated by Swipe Living Limited (“we”, “us” or “our”). We are registered in England and Wales under company number 10205605 and have our registered office at Ashcourt Group, Foster Street, Hull, England, HU8 8BT. Our main trading address is Ashcourt House, 60 Cottingham Road, Hull, HU6 7SD.
We provide a platform for facilitating property management arrangements between Ashcourt Student Living and Students, as well as facilitating the provision of offers and promotions from third parties and a job search function for users of our app.
HOW ASHCOURT STUDENT LIVING APP WORKS
Ashcourt Student Living App is a platform that enables student tenants (“Students”) who have signed tenancy agreements with Ashcourt Student Living (“Provider”) to communicate directly for matters such as maintenance reporting, making rent payments, receiving updates and accessing important tenancy and property documents.
We also enable Students to browse and request to view available student accommodation that suits their needs and Students can request viewings accordingly. Our app also allows Students to have access to offers and promotions from third parties and to browse and apply for jobs in the Student’s desired location.
STUDENTS
Students using our app will each be provided with a unique reference code by the Provider as well as app login details. When a Student signs a tenancy with us, we (Ashcourt Student Living) create then a profile on the app and send them their private login details. By entering this unique reference code into our app, the Student will connect with the Provider via our app and this will make certain in-app functions available (including but not limited to being able to contact the Provider directly regarding maintenance requests and the ability to make rental payments directly to the Provider).
Students must comply with the terms of their tenancy agreement with the Provider, including any special terms or requirements that may be specified by the Provider.
ACCESSING OUR APP
Access to our app is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our app for any reason at anytime and without notice. To the fullest extent lawfully permitted we will not be liable if for any reason our app is unavailable at any time or for any period. From time to time we may restrict access to some parts of our app, or our entire app, to users who have registered with us.
When using our app, you must comply with the provisions of our Acceptable Use Policy (see Schedule 1 below).
You are responsible for making all arrangements necessary for you to have access to our app. You are also responsible for ensuring that all persons who access our app through your internet connection/device are aware of these terms, and that they comply with them.
OUR INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our app, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our app for your personal use and (if applicable) you may draw the attention of others within your organisation to content posted on our app.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our app must always be acknowledged.
You must not use any part of the content on our app for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our app in breach of these Terms of Use, your right to use our app will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
THIRD PARTY OFFERS AND/OR PROMOTIONS
Certain offers and/or promotions shall only be available to users of our app aged 18 or over.
Third party offers and/or promotions are subject to availability and may only be available while stocks last. We are not responsible if your application for a third party offer and/or promotion is incomplete, lost or not received.
Offers and/or promotions you have access to on our app are supplied to us by third parties and we cannot be held responsible for and to the fullest extent we are lawfully permitted to do so we do not accept any liability, either express or implied as to such offers and/or promotions, including but not limited to their accuracy, relevance or quality.
You acknowledge and agree that we are not responsible for the availability of any third party products and services, or what offers and/or promotions you access through our app. We shall not be held responsible or liable for any content, advertising, products or services available from such third parties. Any dealings between you and any third party advertisers or merchants found on or via our app, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made between you and the relevant advertiser or merchant. Therefore, we are not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings.
We accept no liability or responsibility for any of the third party bookings, products and services provided by third party suppliers. The third party suppliers will be supplying products and services to you on their own terms and conditions. Please note that third party offers and/or promotions may be withdrawn or amended at any time.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our app are not intended to amount to advice on which reliance should be placed. We therefore disclaim to the fullest extent we are lawfully permitted to do so all liability and responsibility arising from any reliance placed on such materials by any visitor to our app, or by anyone who may be informed of any of its contents.
OUR LIABILITY
We do not at any time provide, or purport to provide, any advice, or advisory services, to you or any other party, in particular with respect to the commercial, financial, legal or any other consequences of any tenancy agreement. We disclaim to the fullest extent we are lawfully permitted to do so all liability relating to the provision of advice relating to property. You accept that our role is limited to no more than that of a facilitator.
We make no warranty as to any particular result being achieved or obtained, or being achievable or obtainable, from use of our and the introduction of any prospective Student to a Provider.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Please note that in respect of Students we only provide our app for domestic and private use. Students agree not to use our app for any commercial or business purposes, and to the extent permitted by law, we, other members of our group of companies and third parties connected to us have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Our app is directed to people residing in England and Wales. We do not represent that content available on or through our app is appropriate for use or available in other locations.
CHANGES TO OUR APP
We may update and change our app and/or these terms and conditions at any time and from time to time to reflect changes to our services, our users’ needs, changes in laws and regulations and our business priorities and we may change the content at any time. Any of the material on our app may be out of date at any given time, and we are under no obligation to update such material.
We do not guarantee that our app, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our app for any reason at anytime and without prior notice.
YOUR PERSONAL DATA
When you use our app we will collect certain personal data about you. Our Privacy Policy from time to time in force (the current version of which you can read by clicking here Privacy Policy) provides details of the data which we may collect about you, how that may be used by us and how that may be shared with relevant third parties.
Our Privacy Policy forms part of these Terms of Use and you should read it carefully as by continuing to use our app, you will be deemed to accept that we may collect, use and share personal data about you in accordance with our then current Privacy Policy.
YOUR SECURITY
If you choose, or you are provided with, a tenant code, password or any other piece of information as part of our security procedures, you must treat such information as confidential as you will be responsible for any use of the app which is made using such information. You must not disclose it to any third party.
We have the right to disable any tenant code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.
If you know or suspect that anyone other than you knows your tenant code or password, you must promptly notify us at info@ashcourtstudents.com
TRANSACTIONS CONCLUDED THROUGH OUR APP
Rental transactions formed through our app are governed by the terms and conditions of the individual tenancy agreement and/or third party payment provider agreed with the Student. Students can make one-off payments by card or set up a direct debit via our app.
Any transactions made using our app are made directly between the Student and the Provider via third party payment providers notified to the Student from time to time. For the avoidance of doubt, no payments are handled or processed by Swipe Living through our app.
Students acknowledge that any payment disputes are solely between the Student and their Provider and to the fullest extent we are lawfully permitted to do so, we disclaim all liability for any payments or payment disputes between a Student and their Provider.
UPLOADING CONTENT TO OUR APP
Whenever you make use of a feature that allows you to upload content to our app, or to make contact with other users of our app, you must comply with the content standards set out in our Acceptable Use Policy (see Schedule 1 below). You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our app will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our app a limited licence to use, store and copy that content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our app constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our app for any reason including, without limitation, if in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy (see Schedule 1 below).
You are solely responsible for securing and backing up your content.
VIRUSES
We do not guarantee that our app will be secure or free from bugs or viruses.
You are responsible for configuring your device software to access our app. You should use your own virus protection software.
You must not misuse our app by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our app, the server on which our app is stored or any server, computer or database connected to our app. You must not attack our app via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our app will cease immediately.
LINKING TO OUR APP
You may link to our app home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our app in any website that is not owned by you.
Our app must not be framed on any other website, nor may you create a link to any part of our app other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy (see Schedule 1 below).
If you wish to link to or make any use of content on our app other than that set out above, please contact info@ashcourtstudents.com
Where our app contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
APPLICABLE LAW
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our app.
These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
CHANGES TO THESE TERMS
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our app.
CONTACT US
If you have any questions or concerns about our app, please contact info@ashcourtstudents.com
You may use the Ashcourt Student Living app (“our app”) only for lawful purposes, for the purposes for which it is intended and in accordance with the Ashcourt Student Living App of Use from time to time in force. In particular, but without limitation you may not use our app:
in any way that breaches any applicable local, national or international law or regulation;
in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
for the purpose of harming or attempting to harm minors in any way;
to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as detailed below;
to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and/or
to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
not to reproduce, duplicate, copy or re-sell any part of our app in contravention of the provisions of the Ashcourt Student Living App terms of of Use (as noted above).
not to access without our prior written authority, interfere with, damage or disrupt any:
part of our app;
equipment or network on which our app is stored;
software used in the provision of our app; and/or
equipment or network or software owned or used by any third party.
These content standards apply to any and all material which you contribute to our app (“Contributions”) and to any interactive services associated with the app.
You must comply with the spirit and the letter of the following standards as a condition of being allowed to use our app. The standards apply to each part of any contribution as well as to its whole.
Your Contributions must:
be accurate (where they state facts); or
be genuinely held (where they state opinions); and
comply with applicable law in England and Wales and in any country from which they are posted.
Contributions must not:
contain any material which is defamatory of any person;
contain any material which is obscene, offensive, hateful or inflammatory;
promote sexually explicit material;
promote violence;
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
infringe any copyright, database right or trade mark of any other person;
be likely to deceive any person;
be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
promote any illegal activity;
be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
be likely to harass, upset, embarrass, alarm or annoy any other person;
be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
give the impression that they emanate from us, if this is not the case;
advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse; and/or
promote any commercial activities, whether provided by you or by third parties.
We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of our app. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this Acceptable Use Policy constitutes a material breach of the Ashcourt Student Living App Terms of Use (as noted at the start of this document) upon which you are permitted to use our app and may result in our taking, without any prior notice to you, all or any of the following actions:
immediate, temporary or permanent withdrawal of your right to use our app;
immediate, temporary or permanent removal of any Contribution, posting or material uploaded by you to our app;
issue of a warning to you;
instigate legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from your breach;
instigate further legal action against you as we see fit; and
disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for our actions taken in response to breaches of this Acceptable Use Policy by you. The responses described in this Acceptable Use Policy are not limited, and we may take any other action we reasonably deem appropriate.
We may revise this Acceptable Use Policy at any time by amending this web page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on our app.