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TERMS AND CONDITION


These terms and conditions (the "Terms") constitute a legally binding contract between you, the user, and us. Please take the time to read these Terms carefully as they explain the legal relationship between you and us and will govern your use of the Platform and the services made available through it. By accessing or using the Platform and/or any content, materials or services made available through it you are agreeing to be legally bound by these Terms.


We reserve the right to change these Terms from time to time in our sole discretion. Your use of the Platform will be subject to the most recent version of the Terms posted on the Platform at the time of such use. Although we recommend that you read through the Terms available on the Platform from time to time, so that you can be sure that you are aware of the latest version, we will give you reasonable prior notice if we intend to make any changes to these Terms that may be materially to your detriment before such changes take effect.


  1. Registration


    1. You do not need to register as a member of the Platform in order to browse some sections of the Platform, but you may not be able to access all of the features of the Platform unless you register with us and create an account on the Platform. If you are browsing the Platform and have not yet registered with us, your use of the Platform will still be subject to these Terms.
    2. You will need to register with us in order to create and post any ads (also known as “listings”) on the Platform. You can register by clicking on "Register" on our homepage and submitting the information required. You’ll need to provide a valid email address and a password, which you will be required to submit each time you log into the Platform. You may also be required to submit some additional personal information about yourself as part of the registration process.
    3. You must be at least 18 years old to register and you are only permitted one account on the Platform. Multiple live accounts are not permitted. By registering with us you are representing and warranting to us that: (i) you are over 18 years old; (ii) you have not previously been banned from the Platform; and (iii) you do not already have an account registered with us.
      1. You agree that all registration information you submit to the Platform will be truthful and accurate and you will maintain the accuracy of this information. This includes the user type you register as. Agents found to be falsely registering as Live Out Landlords (or any other type of user) will be removed from the Platform.
      2. Your account is for your use only and you agree that you will not share your account with any other person. It is your responsibility to keep your password secure. You will be responsible and liable for any actions of any person logging into the Platform using your username and password (including, without limitation, any ads posted on the Platform via your account). You should notify us immediately if you suspect that anyone else knows your password or that anyone has accessed your account without your permission. Unless we have been notified otherwise we will be entitled to assume that any person logging into our Platform using your username and password is you.
      3. We may at any time and for any reason refuse to accept a registration from any person.

  2. Access and use of the Platform


    1. We do not charge any fees for registering an account with us. Some aspects of the Platform are also made available free of charge, such as posting a single standard ad and browsing and searching on the Platform.
    2. You agree not to use the Platform or any information or material made available to you on the Platform, in any improper or unlawful manner or in breach of any rule, regulation, legislation or licence that applies to you.
    3. Without limiting the foregoing, you agree that when using the Platform you will not:
      1. harass others or disclose personal information about others that could amount to harassment;
      2. publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, sexually explicit, harmful, confidential, libellous, hateful, threatening or otherwise illegal material or information, or anything which might constitute a criminal or civil offence;
      3. upload files that contain software or other material which are the Intellectual Property Rights of any third party, or which are protected by rights of privacy or publicity of any third party without having received all necessary consents;
      4. upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the Platform or any other computer;
      5. impersonate others or create false accounts or ads on the Platform;
      6. promote any activity that is illegal;
      7. use software or any other means to harvest information from the Platform;
      8. Send chain letters, junk mail, ‘spamming’ material or any other form of bulk communication;
      9. act in contravention of any policies for uploading content and/or posting ads that we may make you aware of from time to time; or
      10. do or omit to do anything that, in our opinion: (i) brings us or the Platform into public disrepute, contempt, scandal or ridicule; (ii) damages or puts at risk any other users of the Platform; or (iii) materially prejudices us or the Platform.
    4. You agree to comply with all reasonable instructions that we may give you regarding your use of the Platform.
    5. You are responsible for obtaining (at your own cost) all necessary equipment and telecommunications services required to access and use the Platform.
    6. You agree that we may suspend access to the Platform temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control and we shall not be liable to you in any way for such suspended access.
    7. You agree that your interactions with other members of the Platform and our personnel, whether via message, email or over the telephone, will at all times remain respectful and courteous.
    8. You agree that any tenancy or lodger arrangements entered into in respect of any room and/or property you rent out will be in compliance with all laws and regulations; and you will act in accordance with such arrangements, laws and regulations at all times.
    9. We reserve the right to request evidence from you of the above and/or seek confirmation from the relevant local authority at any time. We also reserve the right to temporarily suspend an account whilst we obtain such evidence and/or confirmation.

  3. Posting and responding to ads on the Platform


    1. All ads posted to the Platform must be for residential lets only and must be compliant with all appropriate legislation.
    2. You need to register an account with us in order to create and post an ad (also known as a “listing”) on the Platform. When you register for a free account on the Platform, this enables you to post ad/listing for rooms and/or properties to rent on the Platform at any one time.
    3. To post an ad on the Platform click on the "Post ad" link on the homepage and follow the instructions. By posting an ad on the Platform you are representing and warranting (which is a legal promise) to us that:
      1. all the information you include in your ad will be truthful and, to the best of your knowledge and belief, accurate and not in any way misleading;
      2. any photos or videos you include in your ad will be current and accurate representations of the room(s) and/or properties you are advertising;
      3. you have all necessary rights and permissions to advertise and/or rent or let the applicable room or property (note we reserve the right to request proof of such rights and/or permissions); and
      4. all ads will comply with these Terms, including clause 7.
    4. You may not:
      1. post multiple ads for the same room and/or property;
      2. post dummy or fake ads for rooms and/or properties that aren’t available for let or aren't available to be viewed;
    5. You are responsible for the content of any ads you post to the Platform, including any errors, omissions or inaccuracies contained in such ads. We accept no liability to you or any other person for the content of any ads posted on our Platform. We advise that you check the content of your ad immediately after posting it to the Platform to ensure you are happy with it. You may edit or remove any ads you have posted on the Platform at any time by logging into your account and clicking on the My Ads link. For more details on how to do this please refer to the FAQ section.
    6. You agree to only contact advertisers by means of the official "contact advertiser" options available on each ad. For your own security, you must not use any contact details contained within the body of an ad itself or hidden within images.
    7. We reserve the right to refuse to list or deactivate any ads or edit any User Generated Content we deem, in our reasonable discretion, to be in violation of these Terms or which we are instructed to refuse to list or deactivate by any court or law enforcement or regulatory authority. In such cases no refunds will be given. We reserve the right to request proof of your right to post ads and/or other User Generated Content. In the event we: (a) receive any complaints about an ad or advertiser; (b) receive notice of an investigation into an ad or advertiser by any law enforcement or regulatory authority; or (c) otherwise become aware of any violation of these Terms or any illegal behaviour conducted by an advertiser, we reserve the right to temporarily suspend or deactivate (with or without notice) any ad or account in question while we investigate the matter.
    8. We reserve the right to publish any ads you post to the Platform across the thekotha.com network of sites, as well as uploading any ads that are posted to the Platform to other relevant portal websites from time to time, such as other third-party property search websites. We will never post users’ contact details with their ads on third-party websites.
    9. We allow all users the ability to Renew their ads. Renewing reposts the ad back into the listings as New, and posts your ad at the top of the New listings. Renewing won't post your ad back as New Today. The search results your Renewed ad appears on, and its position on that page, is determined by the number of newer, or more recently Boosted and/or Renewed ads that have been posted. For a full explanation of how ads are ranked on thekotha.com please refer to our FAQ section. Renewing an ad restarts the 7 day Early Bird phase.

  4. User generated content


    1. In these Terms:
      1. "Intellectual Property Rights" means patents, rights in inventions, trademarks and service marks, domain names, registered designs and design rights, copyright (including rights in computer software and databases), database rights, moral rights and any rights of privacy or confidentiality (in each case whether registered or unregistered and for the full period of protection including any extensions, revivals and renewals) and including any applications for the same and the right to apply for any of the foregoing anywhere in the world, and all similar or analogous rights anywhere in the world; and
      2. "User Generated Content" means any information, text, image, photo, audio, video, works of authorship or other content or materials of any kind which are uploaded, posted, published, displayed, transmitted, shared or otherwise made available on the Platform by you or any other user, including any ad or any such content or materials included in any ad.
    2. The Platform includes functionality that enables you to submit or upload User Generated Content directly to the Platform, including, without limitation, by posting ads on the Platform. By posting any User Generated Content to the Platform you are representing and warranting (which is a legal promise) to us that you have not posted or submitted any User Generated Content to the Platform:
      1. which is confidential, defamatory, offensive, infringing, obscene, sexually explicit, indecent, discriminatory or otherwise unlawful or objectionable;
      2. that you do not own, have the right to post, or for which you do not have the permission of the owner or any other relevant person who may have rights in or connected to such User Generated Content, including any individuals who appear in any photos or other images that you upload to the Platform;
      3. if submitting it to the Platform would be a breach of the Data Protection Act 2018 or any other applicable data protection or privacy legislation; or
      4. if submitting it to the Platform would infringe the Intellectual Property Rights of another person.
    3. thekotha.com is committed to equal opportunities. You agree that you will not advertise on the Platform in such a way as to discriminate against any particular nationality, racial, ethnic, or religious group, sexual orientation, age, gender or disability. For details on discrimination law as it applies to housing click here. In cases where a preference is permitted, we ask for an explanation to be outlined within your ad for that preference. If no satisfactory explanation is provided, we reserve the right to remove that section of your ad without notice.
    4. You must, by law, ensure that all ads you post to the Platform contain full details of any fees associated with entering into the relevant lodging or tenancy arrangement, including any agency fees that may apply.
    5. You acknowledge that it is your responsibility to ensure that your ads comply with all applicable laws, including any laws in relation to discrimination and transparency of pricing.
    6. You acknowledge that any User Generated Content that you post to the Platform may be seen by other users of the Platform.
    7. You are responsible for your relationship with other members of the Platform. However, we reserve the right, but are not obliged, to monitor disputes between you and other members.
    8. You agree that you shall indemnify and compensate us for any loss, liability, claim, damage or expense (including reasonable legal fees and court fees) suffered by us as a result of:
      1. any breach by you of the warranties and representations in clause 4.2; and
      2. any third party claim against us in connection with any ads posted to the Platform under your account.

  5. Notice and take down procedure


    1. Although we take reasonable steps to scan ads that are posted to our Platform for spam and scams, we do not actively monitor all the ads and other User Generated Content on the Platform. We do not therefore accept any responsibility or liability for any User Generated Content on the Platform.
    2. If you become aware that other members of the Platform have posted any ads or other User Generated Content that is inaccurate, inappropriate, offensive (or does not comply with any of the provisions of these Terms) you may notify us by contacting us using the contact/Feedback option.
    3. We may, without notice, remove any ads or other User Generated Content posted to the Platform that, in our sole judgement, violates these Terms or may be offensive, illegal, inaccurate, misleading or may violate the rights, or harm or threaten the safety of any person.
    4. For the avoidance of doubt, any decision we make in connection with the removal of any ads or other User Generated Content from the Platform is final and we accept no liability to you in respect of any such decision.

  6. Intellectual Property


    1. We do not claim any ownership of any Intellectual Property Rights in the User Generated Content that you or any other user posts to the Platform. After posting any User Generated Content you retain all rights of ownership in it and you may use the User Generated Content in any way you choose (provided it does not breach these Terms).
    2. By submitting any User Generated Content to the Platform you automatically grant us the indefinite right to reproduce, display, modify, manage, distribute and store such User Generated Content as part of the Platform or as part of any materials used to promote or advertise the Platform anywhere in the world.
    3. We will not be under any obligation whatsoever to pay you for any of the User Generated Content you upload to the Platform.
    4. Save in respect of the User Generated Content, all Intellectual Property Rights in and to the Platform and all content and materials contained on the Platform are owned by and shall remain owned by us or our licensors. You may view, use, download and print any materials and information made available to you through the Platform subject to the following conditions:
      1. the material may only be used for your personal non-commercial use;
      2. the material shall not be reproduced or included in any other work or publication in any medium;
      3. the material may not be modified or altered in any way;
      4. the material may not be distributed or sold to any third party; and
      5. you may not remove any copyright or other proprietary notices contained in the material.
    5. These Terms are not intended to prevent you recording in manual form any individual item of information, or disclosing any individual item of information, free of charge, to friends or relations for non-commercial purposes, provided you take all reasonable steps to ensure that any person to whom you may disclose that information complies with these Terms.

  7. Disclaimers


    1. To the fullest extent permitted by applicable law and, except as expressly provided in these Terms, the Platform and all content, products and services provided through it are provided on an "as is" basis. We do not make any representation or warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise), in relation to the Platform or any content, products and services provided through it including, without limitation, any warranties in relation to fitness for a particular purpose or in relation to the quality, completeness, accuracy or reliability of the Platform and all content, products and services provided through it.
    2. Without limiting the generality of the foregoing you acknowledge and agree that any rooms, flats, houses, properties or tenancy arrangements are provided by our members and not by us. We have no control over, nor accept any responsibility or liability for, any such arrangements or issues you may encounter with them.
    3. We do not inspect any of the properties or rooms that feature in ads on our Platform. We strongly advise you to inspect properties thoroughly before you make any binding commitments in respect of any properties or rooms listed on our Platform.
    4. The information made available on the Platform, whether posted by us or by any other users, is provided for information purposes only. We cannot guarantee that any ads or other information provided on the Platform will be correct, accurate, up to date or meet your needs or requirements. The information provided on the Platform is not intended to be professional or legal advice of any kind and should not be relied on as such. Any reliance you place on any materials or information made available on the Platform is entirely at your own risk.
    5. Although we do our utmost to ensure a reliable service we do not guarantee that the Platform will always be available or error free, that defects will be corrected, or that the Platform or the server that makes it available are or will be always free of viruses or other harmful components.
    6. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Please check the local laws of the jurisdiction in which you are resident to determine the extent to which any implied warranties may be relevant to our legal relationship with you.
    7. Nothing in these Terms is intended to disclaim or exclude any warranty or liability that cannot be disclaimed or excluded by operation of applicable law.
    8. We reserve the right to withdraw or discontinue any product or service at any time at our sole discretion.

  8. Limitation of liability


    1. Nothing in these Terms limits or excludes our liability for: (a) death or personal injury caused by negligence; (b) any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us; (c) breach of your legal rights as a consumer in relation to the services or products provided by us; or (d) any other liability which may not be limited or excluded by applicable law.
    2. Subject to clause 8.1 above, you agree that we shall not be liable for: (a) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind; or (b) any direct or indirect loss of profit, anticipated savings, opportunity or business and loss, corruption or damage to data, in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with: (i) any use of this Platform or the services provided through it; (ii) any failure or delay in the use of any component of the Platform or any service including, without limitation, any unavailability of the Platform or the services provided through it irrespective of the duration of any period of unavailability; (iii) any use of or reliance upon any ads, information, material, or other products or services offered through the Platform, in all cases even if we have been forewarned of the possibility of such loss or damage; and (iv) any tenancy or lodging arrangements of any kind that you enter into as a result of using our Platform.
    3. Subject to clause 8.1 above and without limiting clause 8.2 in any way our total aggregate liability to you under these Terms whether based in contract, tort (including negligence), strict liability, or otherwise shall be limited to direct losses not to exceed the greater of: (a) total payments you have made to us for services offered to you through the Platform in the 12 months preceding your claim

  9. Termination


    1. We may remove the Platform or cease the provision of any of the services made available through it, or terminate your membership of the Platform, at any time in our sole discretion for any reason whatsoever.
    2. We may in our absolute discretion either suspend or terminate any accounts which we deem to be in violation of any of these Terms. If you are found to have breached these Terms and we choose to terminate your account you will not be entitled to a refund of any subscription fees you have pre-paid to us.
    3. You may de-activate (either temporarily or permanently) your account with us at any time by notifying us that you wish to do so by contacting us using the contact us form.
    4. Termination of these Terms and/or your account with us, howsoever caused, shall not affect the accrued rights and liabilities of either you or us as at the time of such termination.

  10. Data Protection and Privacy


    1. We will only use any personal information that we may collect about you in accordance with our privacy policy. Our privacy policy is an important part of these Terms and it is important that you read it. By accepting these Terms you also accept and consent to our use of your personal data in accordance with our privacy policy.

  11. General


    1. These Terms and our privacy policy set out the full extent of our obligations and liabilities concerning the Platform and the services offered through it and replace any previous agreements and understandings between us and you.
    2. Subject to clause 12.1, you shall have no remedy in respect of any untrue statement made to you upon which you relied in entering into these Terms other than for any breach of our express obligations set out in these Terms.
    3. These Terms do not create or infer any rights that are enforceable by any person who is not party to them.
    4. You may not assign, sub-license or otherwise transfer any of your rights and obligations in these Terms to any other person.
    5. If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.
    6. If any part of these Terms is found to be illegal, invalid or otherwise unenforceable by a court or regulator, then, where required, that part shall be deleted from the Terms and the remaining parts of the Terms will continue to be enforceable.