TERMS AND CONDITIONS
These terms and conditions apply to your use of the website CityFlatmate (desktop: www.cityflatmate.com | mobile: www.m.cityflatmate.com – hereafter the “Website”) and CityFlatmate (mobile) application (iOS application / Android application) provided by The Azura Project (hereafter “we” or “us” or “CityFlatmate” and “The Azura Project”).
Definitions
Terms: means these terms and conditions that apply to our Website, App, and all other services we provide.
Privacy policy: means the privacy policy that applies to our Website, App, and all other services we provide, and which is available at www.cityflatmate.com/privacy.
Conflict and Modifications
In the event of conflict between the Terms and the Privacy Policy, the Terms shall prevail to the extent required to resolve any such conflict. Please read the Terms and the Privacy Policy carefully since they contain important information that relates to your use of the Website or App.
We may change or amend these Terms: (i) if we alter the existing services we provide; (ii) if we add new services to the existing services we provide; or (iii) for security, regulatory or legal reasons. When we change the Terms in a significant way, we will post a notification on our Website along with the updated Terms. By continuously using our Website you accept the changed Terms. We will also notify amendments and modifications of the Terms via our App, and request you to accept the updated Terms before you can continue using the App.
Eligibility
CityFlatmate is a social platform with the purpose to connect likeminded potential flatmates with each other.
The Website and App are meant for adult members to communicate with each other online and is not suitable for individuals under 18 years old. By using the Website or App, you confirm that you are at least 18 years old.
If you have an unspent conviction, or are subject to any court order, relating to assault, violence, sexual misconduct or harassment you may not use the Website or App and we will be entitled to remove Your Profile.
If you are removed from our Website or App, you may not use our Website or App (again).
Users that post objectionable content on the Website or App will be removed from the Website and App.
We may change, suspend, or discontinue any aspect of the service at any time, including hours of operation or availability of the service or any feature, without notice or liability.
Registration
If you want to use the Website or App, you first need to register. In order to register, we need your name and your email address. After registering, you can create a personal profile (“My Profile”). When creating your Profile, we will at least need a picture. You are further invited to provide us with your first name, pictures of you, a description of yourself, your wishes regarding a partner and basic information about yourself (such as your age and place of residence).
You agree to provide current, complete and accurate information when creating your Profile and when using the App and Website. You agree to keep your Profile updated.
You agree that we store and process your “Personal Data” according to our Privacy Policy https://www.cityflatmate.com/privacy. We store and process your personal data in accordance with the UK Data Protection Act.
You will create an account with password in order to access the app. You are solely responsible for the privacy of your password.
Membership
It is currently free to use the app and the website. But we will soon be introducing paid additional services that will enhance your profile.
If you do not log into the app for more than 6 months then we may remove your account and profile without a warning.
Your information and content
You are solely responsible for:
the information and content you post, transmit or publish on, or share otherwise through the Website or App; and
your interactions with other members of the Website or App; and
your friend(s) who you invite through CityFlatmate.
your Profile is meant for personal use only and you may not create more than one profile or account at any time. You may not authorize others to use your account, and you may not assign or otherwise transfer your Profile/Account to any other person or entity. You are responsible for keeping your username and password confidential and acknowledge that CityFlatmate is not responsible for third party access to your Profile that results from sharing, theft or misappropriation of your username and password. We strongly encourage you to choose a secure password that is hard to guess. Do not reveal your password to anyone. If you think your password has been compromised, please change it immediately via the ‘My Profile’ page.
Please be careful with disclosing information via your Account. You may not publish any personal contact information on Your Account, such as your (post) address, email address, telephone number, instant messaging contact details or website URL. In addition, for your safety, you may not include personal contact information in messages to members who have not previously contacted you.
Your safety and personal integrity is important to us. Your (chat) messages are strictly confidential. Also see the enumeration under the heading “Restrictions on information and content” in the below). After such notification we reserve the right to erase the content in question.
In principle, we will not monitor the information or content you share via the Website or App. We do however reserve the right to use filter software. In case we are notified by this software of inappropriate content, or in case we are notified of this by other members, we reserve the right to block the content in question.
By submitting, providing, transmitting or otherwise sharing information and content via the Website or App, you grant us a non-exclusive, royalty-free, worldwide license of any rights, including intellectual property rights, on such information and content, to (re)publish and otherwise use any such content in any format on the Website, App or in ads or other shielded areas that are only accessible by other members of CityFlatmate.
Restrictions on information and content
You will not post, transmit, communicate or share information or content via the Website or App, that:
is intended to or tends to harass, annoy, threaten or intimidate any other user of the Website or App;
is defamatory, inaccurate, abusive, obscene, profane, offensive or sexually explicit;
promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
promotes or encourages illegal or unlawful activity or behaviour;
contains chain letters, junk or spam email, advertising, promotional or commercial messages;
contains an image of another person without permission of that person;
contains an image of a person under 18 years of age;
is misleading, false or impersonates any other person or entity.
is intended to solicit another member’s personal contact details or solicit communication with or on behalf of a person under 18 years; and
which infringes any third party’s (intellectual property) rights.
You will immediately cease contacting any member who asks you to stop contacting them.
You will not post, copy, modify, disclose or distribute via our Website or App:
any confidential information; or
any other material which is subject to our or a third party’s (intellectual property) rights, e.g. a picture of you taken by a professional photographer, without first obtaining our or the relevant third party’s prior written consent.
You agree to compensate us for any claim or damages (including any legal fees in relation to such claim or damages) demanded by a third party in respect of any matter relating to or arising from any breach or suspected breach by you of these Terms or the rights of a third party.
We reserve the right to issue warnings, suspend access to Your Account or terminate Your Account, if we reasonably consider that you are in breach of these Terms.
Risks and precautions
WE DO NOT CONDUCT (CRIMINAL) BACKGROUND CHECKS IN RELATION TO MEMBERS OF CITYFLATMATE.
YOU ARE SOLELY RESPONSIBLE FOR TAKING ALL APPROPRIATE SAFETY PRECAUTIONS IN CONNECTION WITH THE USE OF THE WEBSITE AND APP AND CONTACTING OTHER MEMBERS. YOU ACCEPT THAT THERE ARE RISKS INTERACTING ONLINE OR OFFLINE WITH OTHER MEMBERS, INCLUDING MEETING OTHER MEMBERS.
WE DO NOT GUARANTEE OR VERIFY THE ACCURACY OF INFORMATION PROVIDED TO YOU BY OTHER MEMBERS. CITYFLATMATE MAKES EVERY EFFORT TO KEEP THE INFORMATION MADE AVAILABLE ON THE WEBSITE AND APP ACCURATE AND UP TO DATE, BUT WE DO NOT GUARANTEE THAT THE INFORMATION IS ACCURATE, COMPLETE OR CURRENT. NO RIGHTS CAN BE DERIVED FROM IT. ANY RELIANCE ON THE PROVIDED INFORMATION IS AT YOUR OWN RISK.
WE DO NOT WARRANT THAT THE WEBSITE OR APP WILL BE AVAILABLE UNINTERRUPTED AND IN A FULLY OPERATING CONDITION. ALL CONTENT AND SERVICES ON THE WEBSITE OR APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANY DECISIONS OR ACTIONS TAKEN BY YOU ON THE BASIS OF THE INFORMATION PROVIDED ON OR VIA THE WEBSITE AND APP ARE AT YOUR SOLE DISCRETION AND RISK.
Reporting disputes and other issues
Please report any behaviour you encounter which is in breach of these Terms via HELLO@CITYFLATMATE.COM, including any behaviour which may be harmful, threatening, harassing or unlawful behaviour.
We are not obliged to become involved in any domestic or private disputes between members and do not provide any arbitration- or settlement-service.
If you choose to invite someone to the Website or App through our ‘Invite friends’ feature, you may select a person directly from the contacts list on your device and send a text or email to them. You understand and agree that you are responsible for any charges made against communications sent from your device. Because an invitation is coming directly from your personal account, social networks do not have access to or control over this communication.
Third Parties
The Website and App may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
Your correspondence or business deals with, or participation in promotions of, advertisers or sweepstakes sponsors found on or through the Website or App (including payment and delivery of related goods or services, any personal information or opt-in contact information voluntarily given to advertisers and sweepstake sponsors, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such advertiser.
You agree that CityFlatmate will not in any way whatsoever be responsible or liable for any claim, loss or damage of any sort incurred, directly or indirectly, as the result of any such dealings.
Events
CityFlatmate organizes events for its members. We have the right to refuse members to events for any reason (for example in case of dress-codes etc). The events are on a first come and served basis. We do not refund for no-shows, or late arrivals of special guests in relation to any event.
We have the right to refuse or prohibit events that are organized by members via the Website or App and if organized by using the CityFlatmate trademark.
We have the right to cancel events at any time.
CityFlatmate events are not always for members only. To some events non-members may also attend.
Intellectual Property Rights
CityFlatmate is the exclusive owner of all intellectual property rights (such as patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, trade secrets, licenses, domain names, mask works, information, proprietary rights, processes copyrights and trademarks) that vest in the design and content of the Website, App and the underlying software and database.
The Website and App are intended solely for your personal, non-commercial use. Any other use of the Website and App requires prior written permission of The Azura Project T/As CityFlatmate.
Limitation of Liability
IN NO EVENT WILL CITYFLATMATE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE FOR ANY DAMAGES RELATING TO THE DECISION WHETHER OR NOT AN APPLICANT IS ALLOWED TO USE CITYFLATMATE.
We will provide the CityFlatmate service to you with reasonable skill and care. We do not make any warranties or representations (neither express nor implied) with respect to the Website, App or the associated services.
IN NO EVENT WILL CITYFLATMATE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF, OR RELATING TO, THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF SERVICES, INCLUDING (BUT NOT LIMITED TO) BODILY INJURY, EMOTIONAL DISTRESS, LOSS OF BUSINESS, LOST PROFITS, TRADE SECRET MISAPPROPRIATION, INTELLECTUAL PROPERTY INFRINGEMENT, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER MEMBERS OR PERSONS YOU MEET THROUGH OUR WEBSITE OR APP, OR RESULTING FROM ANY OTHER SERVICE WE PROVIDE.
YOU HEREBY EXPRESSLY AGREE NOT TO HOLD CITYFLATMATE AND THE AZURA PROJECT LIABLE FOR ANY INSTRUCTION, ADVICE, OR SERVICES DELIVERED THROUGH OUR WEBSITE OR APP. CITYFLATMATE AND THE AZURA PROJECT EXPRESSLY DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT ARISE OR RELATE IN ANY WAY TO OUR WEBSITE OR APP.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CITYFLATMATE AND THE AZURA PROJECT WILL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- A) THE USE OR INABILITY TO USE THE WEBSITE OR APP;
- B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE WEBSITE OR APP;
- C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- D) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE WEBSITE OR APP;
- E) YOUR RELIANCE ON CONTENT DATA MADE AVAILABLE BY US; OR
- F) ANY OTHER MATTER RELATING TO THE WEBSITE OR APP.
Nothing in these Terms shall exclude or limit our liability for our fraudulent misrepresentation or for death or personal injury resulting from our negligence or the negligence of our employees or agents.
TO THE FULLEST EXTENT POSSIBLE BY LAW, CITYFLATMATE’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR APP OR YOUR USE OF OUR CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE GREATER OF THE FEES YOU HAVE PAID TO CITYFLATMATE AND THE AZURA PROJECT.
Indemnity
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS CITYFLATMATE AND THE AZURA PROJECT FROM AND AGAINST ANY CLAIMS, ACTIONS, OR DEMANDS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM (A) YOUR USE OF OR RELIANCE ON ANY THIRD-PARTY CONTENT, (B) YOUR USE OF OR RELIANCE ON ANY CONTENT OF THE WEBSITE OR APP, (C) YOUR OWN CONTENT ON YOUR ACCOUNT, OR (D) YOUR BREACH OF THESE TERMS OR THE PRIVACY POLICY. WE WILL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING.
Third Party Disputes
CityFlatmate is not affiliated with any service provider, or third party service, and any dispute you may have with any service provider, third party service or other third party, including, without limitation, any other user of the service, is directly between you and such third party, and you irrevocably release CityFlatmate from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Other
CityFlatmate can be acquired for a part or in whole by another company. This will be done without (written) notice.
If you breach these Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
If any part of these Terms is disallowed or found to be void by any court or regulator, the other provisions shall continue to apply. We will adjust these Terms as necessary, in which case the invalid terms will be replaced by valid terms that differ the least from the concerned invalid terms.
These Terms are not intended to give rights to anyone except you and us.
These Terms are governed by UK law and the parties agree to submit to the exclusive jurisdiction of the court of England
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CityFlatmate, the Website and App are exploited by:
The Azura Project
Company No. 09814731
www.cityflatmate.com