These Advertising Terms and Conditions (“Advertising Terms”) are made between you (“Advertiser”, “you”) and Simply Owners Ltd, a company incorporated in England and Wales ( under company number 10215052), and has its registered office address at 49 Robin Down Lane, Mansfield, Nottinghamshire, NG18 4SP (“Simply Owners”, “we”, “us”, “our”).
1. Website and Services
We operate and manage www.simplyowners.net (our “Website”), through which visitors
and users (“Holidaymakers”) can access information
about holiday homes advertised on our Website and get in contact with holiday home owners about
their property.
In consideration of the ("Listing Fee") (defined at, and payable in accordance
with, clause 4), we will list your holiday home (“Property”)
on our Website (the “Services”).
We will use reasonable endeavours to supply the Services in accordance with this Agreement in all
material respects.
These Advertising Terms together with our Website Terms and Conditions and Privacy Policy (“Agreement”), set out the terms and conditions upon which we will provide our Website and the Services to you. By registering an account with us and listing your Property on our Website, you agree to be bound by the terms of our Agreement. By using our Website, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to the terms of our Agreement, you may not access or use our Website of the Services. We reserve the right to expand, change or revise the Services as our business grows or as conditions provide. As such, we reserve the right to amend the terms of our Agreement from time to time. Any material changes that may affect you will be automatically amended on the web-site so it is important that you keep up to date with any changes by regular visits to the site.
3. Registration and Logging InReceiving the Services means that you have registered with us and means that you confirm that you accept these terms and that you agree to comply with them. You are responsible for keeping your account details and password safe and secure at all times. If you become aware that your account details or password have been compromised, you must contact us immediately. When logging into the Website you must ensure the address in full is https://www.simplyowners.net/login and that your browser indicates that you have a secure connection, normally by means of a padlock icon. You should not enter your password into any other address.
4. Listing FeesTo access our Website and the Services, you must pay a listing fee, which is calculated and payable annually on the anniversary of the start of the Services in advance (“Listing Fee”). We shall be under no obligation to provide our Website or the Services to you until the Subscription Fee has been paid. The Listing Fee is non-refundable notwithstanding termination of our Agreement for any reason.
5. Your Obligations
You shall:
(a) co-operate with us in all matters relating to the Services;
(b) provide to us, our agents, subcontractors, consultants and employees, in a timely manner and at
no charge, data and other facilities as reasonably requested by us from time to time;
(c) fulfil all bookings made by a Holidaymaker to rent your Property. In event you are no longer the
legal owner or Authorised Licensee of the Property, you must notify Holidaymakers of
this and offer them the option of continuing with their booking with the new property owners (where
possible) or a full refund;
(d) disclose to guests before they visit and provide signage in your property if you have security cameras/CCTV installed in or
around your
property;
(e) ensure that, where your listing is linked to an automated translation facility, such as Google
Translate, the resulting translation is accurate.
If it is not accurate, you must correct any deficiencies in the translation;
(f) obtain and keep in place all necessary licences required by local, regional and national law to
rent your Property.
You agree that any advertisements, text, graphics or other material submitted for inclusion on the
Website (“Content”), are complete and accurate and not misleading or untrue in any
way. It is your responsibility to update us straight away if any changes to your Content need to be
made. You must use your best efforts to keep your Content up to date at all times
.
We reserve the right to reject, remove and/or amend your Content which in our opinion is obscene,
defamatory, infringes the copyright or other rights of any third party, or which is illegal or does
not meet these standards.
Your Content 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 a limited licence to use, store
and copy that content and to distribute and make it available to third parties. The rights you
license to us are described in clause 10 (Intellectual Property Rights).
We have the right to disclose your identity to any third party who is claiming that any Content
submitted to our Website constitutes a violation of their intellectual property rights, or of their
right to privacy.
You are solely responsible for securing and backing up your Content.
You warrant and undertake that:
(a) you have full power and authority to enter into this Agreement and that by doing so it will not
be in breach of any obligation to a third party;
(b) you are the owner or authorised licensee of your Content and Simply Owners shall not be required
to obtain or pay for any third party permissions or
consents in respect of its use of the Content as envisaged by and in accordance with this Agreement;
(c) your Content: (i) will not infringe any intellectual property rights of any third party; (ii)
are complete and accurate; (iii) are not fraudulent, tortious, or otherwise in violation of any
applicable law or any right of any third party; (iv) will not bring Simply Owners into disrepute;
and (v) where submitted electronically, is free of viruses;
(d) you are the legal owner of the Property (or have the written permission of the legal owner) and
have the right to enter into and contractually fulfil all bookings made by a Holidaymaker to rent
the Property;
(e) you will not do, or omit to do, anything that could cause a Holidaymaker to make a complaint or
bring a claim against you or us;
(f) you will use your best efforts to settle any dispute with a Holidaymaker acting at all times
reasonably and in good faith;
(g) you will fully co-operate with us in all matters relating to the Services, including any
investigations we may carry out relating to any complaint received about you; and
(h) you will provide all documents, information, items and materials reasonably required by us as it
relates to our provision of our Website and the Services.
(i) you will not advertise another rental's agency on our site, through logos or names on photos,
within the text of the advert, or within a review. Without our express written permission.
You agree to indemnify us for any loss or damage we suffer or incur as a result of any action
brought against us relating to: (a) your listing on the Website; (b) any Content you supply to us
during the course of the Services; (c) a compliant made by a Holidaymaker or other third party; (d)
any breach by you of our Agreement; and (e) your Property.
Simply Owners will provide notice to you of any such claims.
We do not represent or endorse the creditworthiness or value of any Holidaymaker to the Website who contacts you as a result of your listing on our Website.
9. ComplaintsIf we receive a complaint relating to your use of our Website or the Services, you acknowledge and agree that we may, in our sole and absolute discretion and without notice or liability, investigate the complaint, restrict, suspend or terminate your access to our Website and the Services, and/or remove your Content from our servers.
10. Intellectual Property Rights
We own all intellectual property rights in and to our Website and Services. You acknowledge and
agree that you will not:
(a) use the “Simply Owners” trade names, trademarks, service marks, logos or designs, or any other
mark used by Simply Owners without our express prior written consent;
(b) copy, transmit, modify, republish, save, pass off or link to any content or material on our
Website;
(c) use our Website for any marketing or advertising purposes without our consent
Any such use of our Website shall, in our discretion, result in us refusing to list any property
and/or end your registration with the Website and use of the Service without any liability to you.
You grant to us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce,
distribute, prepare derivative works of, display, and perform any of your Content provided in
connection with the Services across different media (including to promote the Website or the
Service. You irrevocably waive any “moral rights” or other rights with respect to attribution of
authorship or integrity of materials regarding your Content that you may have under any applicable
law under any legal theory.
Both you and we agree that we shall not at any time disclose to any person any confidential
information concerning the business, affairs, customers, clients or suppliers of the other party,
except as permitted by this clause 11.
Each party may disclose the other party's confidential information:
(a) to its employees, officers, representatives or advisers who need to know such information for
the purposes of exercising the party’s rights or carrying out its obligations under or in connection
with this Agreement. Each party shall ensure that its employees, officers, representatives or
advisers to whom it discloses the other party's confidential information comply with this clause;
and
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory
authority.
No party shall use any other party's confidential information for any purpose other than to exercise
its rights and perform its obligations under or in connection with this agreement.
This clause shall survive termination of these Advertising Terms, however arising.
Both you and we shall comply with all our obligations under applicable data protection laws, including the Data Protection Act 2018, General Data Protection Regulation ((EU) 2016/679) (“GDPR”), UK GDPR and Privacy and Electronic Communications Regulations 2003, and any other applicable or equivalent data protection or privacy legislation, regulations or guidance from time to time relating to the processing of personal data. To the extent that either party processes personal data on behalf of the other party, such party warrants that it has obtained all necessary consents and a lawful basis to enable it and the receiving party to process such personal data as necessary to fulfil its obligations under this Agreement, and the recipient party agrees to take all appropriate technical and organisational measures necessary to preserve the security of such personal data.
13. Liability
We will not be in breach of our Agreement, or otherwise liable for any failure or delay in
performance, arising from any circumstances beyond our reasonable control including, without
limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network
access, flood, fire, explosion or accident (“Force
Majeure Event”).
All implied conditions, warranties, representations or other terms that may apply to our Website
and/or the Services are excluded from these Advertising Terms to fullest the extent that they may be
excluded as a matter of law.
If we are in breach of any term of our Agreement or otherwise liable to you (including, without
limitation, from our negligence), we will only be responsible for any direct damages or losses you
incur that result from your use of our Website up to the value of the Subscription Fees that you
have paid to us. We shall not be liable for any indirect losses or damages suffered by you. Our
liability to you shall not in any event include business losses (which includes without limitation
loss or corruption of data, loss of profits or contracts, loss of revenue, loss of anticipated
savings in expenditure, or business interruption) resulting from our breach of contract or
negligence or otherwise.
Nothing in this Agreement shall operate to exclude or limit either party's liability for: (a) death
or personal injury caused by its negligence; (b) fraud; or (c) any other liability which cannot be
excluded or limited under applicable law.
We want you to get the most out of using our Services. We will endeavour to put your advert in a
place where it can be viewed by prospective Holidaymakers and work with you by advising you on your
advert’s listing features and how to improve its quality score causing it to rise towards the top of
a resulting search list.
If your advert is still not viewed by a Holidaymaker, by reference to our logs detailing visits to
your Property listing, then we will return to you 100% of your listing fees that you have paid to
us.
Whether you qualify for recompense shall be determined by us in our absolute sole discretion. You
acknowledge and agree that any decision we make shall be final and cannot be challenged.
Without prejudice to any of our rights or remedies, our Agreement and your access to our Website and
the Service may be terminated by us with immediate effect (or following such notice period as we see
fit), by giving written notice to you if:
(a) the circumstances referred to in clause 9 above apply;
(b) you do not pay the Listing Fees on the due date for payment and you remain in default not less
than 7 days after being notified in writing to make such payment;
(c) you commit a material breach of our Agreement and (if such breach is remediable) you fail to
remedy that breach within a period of 7 days after being notified in writing to do so;
(d) you repeatedly breach any term of our Agreement in such a manner as to reasonably justify the
opinion that your conduct is inconsistent with it having the intention or ability to give effect to
the terms of our Agreement;
(e) you are no longer the legal owner (or licensee) of the Properties listed on our Website;
(f) you fail to fulfil a booking (in full or in part ) to a certified Holidaymaker who has paid to
rent out your property;
(g) you give any false or misleading information, or make any misrepresentation in connection with
your Property listed with us and/or your business and services you provide;
(h) in our reasonable opinion you have become involved in any situation which: (i) is to have a
negative effect on our reputation of or any aspect of our business; (ii) would expose us or any
aspect of our business to disrepute, scandal, ridicule or contempt, or would tend to shock, insult
or offend the public in any territory in which we operate; or (iii) reflects unfavourably on our
reputation, our brand or services. Such conduct shall be deemed a material breach in terms of clause
15(c); and
(i) we are prevented for any reason (including the Force Majeure Events listed at clause 13
(Liability)) from providing the Website or providing the Services for more than either five
consecutive business days or 14 business days in the aggregate.
Either you or we may terminate this Agreement by giving written notice to the other if the other
party (being a company) passes a resolution for winding up (otherwise than for the purposes of a
solvent amalgamation or reconstruction) or a court makes an order to that effect or (being a
partnership or other unincorporated association) is dissolved or (being a natural person) dies, or
if either party becomes or is declared insolvent or convenes a meeting of or makes or proposes to
make any arrangement or composition with its creditors or has a liquidator, receiver, administrator,
administrative receiver, manager, trustee or similar officer appointed over any of its assets or
ceases or threatens to cease to carry on business.
You acknowledge and agree that any breach of clause 7 (Warranties and Indemnity), shall
automatically constitute a material breach for the purposes of clause 15(c).
If we become aware that criminal proceedings are being issued against you for any reason by a holidaymaker then:
(a) your access to our Website and the Services shall immediately be suspended pending the outcome of the case;
(b) you must continue to fulfil any bookings you have to certified Holidaymakers;
Any provision of these Advertising Terms that expressly or by implication is intended to come into
or continue in force on or after termination shall remain in full force and effect.
Upon termination of these terms and conditions for any reason:
(a) your access to our Website and the Services shall immediately cease;
(b) you shall not hold yourself out as a Simply Owner member nor do anything that may indicate any
relationship between you and us;
(c) you must continue to fulfil any bookings you have to certified Holidaymakers;
(d) you shall return to us all documents, materials and property belonging to us that we have
provided to you in connection with the Services.
Any provision of these Advertising Terms that expressly or by implication is intended to come into
or continue in force on or after termination shall remain in full force and effect.
Termination of these terms and conditions shall not affect any rights, remedies, obligations or
liabilities of the parties that have accrued up to the date of termination, including the right to
claim damages in respect of any breach of this Agreement which existed at or before the date of
termination.
(a) You may not assign, subcontract or in any way transfer any of your rights or obligations under
this Agreement without our prior written consent.
(b) We may assign, subcontract or transfer any of its rights or obligations under this Agreement
without the prior written consent of the Advertiser.
(c) Each provision of this Agreement is severable and distinct from the others. Invalidity or
unenforceability of a specific provision shall not affect the other provisions of this
Agreement.
(d) Any failure by us to exercise or any delay in exercising a right or remedy provided this
Agreement or at law or in equity shall not constitute a waiver of the rights or remedies or a waiver
of any other rights or remedies.
(e) Nothing in this Agreement shall be construed as establishing or implying any partnership or
agency relationship between you or us.
(f) This Agreement constitutes the entire agreement and understanding between the parties in respect
of the matters dealt with within it and supersedes any previous agreement between the parties
relating to such matters.
(g) No person who is not a party to this Agreement has any rights under the Contracts (Rights of
Third Parties) Act 1999.
(h) Any notice required to be given under this Agreement shall be in writing by email and shall be
validly served if sent to the other party at the email address provided by that party. For Simply
Owners, our email address is enquiries@SimplyOwners.net. For Advertisers, this is the email address
you provide us when you register for the Services. Or, in each case, the email address otherwise
notified in writing to the other party.. Notice sent by email shall be deemed to be delivered at the
time of transmission, or, if this time falls outside of business hours in the place of receipt, when
business hours resume.
(i) This Agreement and any non-contractual obligations shall be governed by English law and the
parties agree to submit any dispute to the exclusive jurisdiction of the English Courts.
These Website Terms and Conditions were last updated on September 2021 These Website Terms and Conditions (“Terms”) tell you the rules for accessing and using our Website www.simplyowners.net (our "Website").
Who we are and how to contact usSimply Owners and our Website is operated and managed by Simply Owners Ltd. We are a company incorporated in England and Wales (company number 10215052). Our registered office address is 49 Robin Down Lane, Mansfield, Nottinghamshire, NG18 4SP) (“Simply Owners”, “we”, “us”, “our”). To contact us, please email enquiries@simplyowners.net or write to us at Birch House, Ransom Wood Business Park, Southwell Road West, Mansfield. Notts, NG21 0HJ.
By using our website you accept these termsWe provide a platform through which visitors and users of our Website (“Holidaymakers”) can access information about holiday homes advertised by Advertisers on our Website (“Advertiser”). Please read these terms carefully before using our Website. For Holidaymakers, we particularly draw your attention to the following paragraphs in these Terms:
These Terms refer to the following additional terms, which also apply to your use of our Website and services:
We may need to amend these Terms from time to time. Every time you wish to use our Website, please check these Terms to ensure you understand the terms that apply at that time. These Terms were last updated on the date stated at the beginning of these Terms.
We may make changes to our websiteWe may update and change our Website from time to time to reflect changes to our services, our users' needs and our business priorities.
We may suspend or withdraw our websiteOur Website is made available free of charge. We do not guarantee that our Website, 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 Website for business and operational reasons. You are responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
We may transfer this agreement to someone elseWe may transfer our rights and obligations under these Terms to another organisation. We will always tell you if this happens and we will ensure that the transfer will not affect your rights under these Terms.
How you may use material on our websiteWe are the owner or the licensee of all intellectual property rights in our Website, 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 Website for your personal use and you may draw the attention of others within your organisation to content posted on our Website. 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 site must always be acknowledged. You must not use any part of the content on our Website 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 Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Do not rely on information on our websiteAlthough we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether expressed or implied, that the content on our Website, associated social media channels or any linked website, is accurate, complete, error free or up to date. Without limiting the generality of the foregoing, we are not responsible for any content, communications, information, advice or other materials posted, submitted, communicated, shared, discussed or otherwise generated through our Website, associated social media channels or linked websites, nor do we guarantee the truthfulness, accuracy, completeness or non-infringement of the same. Any actions you take or do not take based on or related to property listings or content on our Website, associated social media channels or linked websites, are solely at your own risk.
We are not responsible for websites we link toWhere our Website contains links to other sites and resources provided by third parties, including Advertisers listed on our Website, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or any information, products or services you may obtain from them. We have no control over the content of third party sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you use any third-party links, you do so at your own risk.
BookingsAll property bookings are to be made directly between the Holidaymaker and the Advertiser outside of our Website. Property bookings may be subject to additional terms and conditions imposed by the Advertiser. It is the Holidaymakers responsibility to ensure that it has read and accepts the Advertiser’s terms and conditions before making a booking. For the avoidance of doubt, Simply Owners shall not be added as a party to any booking contract between Holidaymaker and Advertiser. As between Simply Owners and Holidaymakers, Simply Owners does not act as principal in relation to any transaction or service available on or through our Website.
DisclaimerWe do not own, nor have we inspected, nor do we have any control whatsoever over any property listed on our Website and we make no representations or warranties regarding any of the advertised properties. While we require Advertisers to advertise properties truthfully, fairly and accurately, and we take reasonable steps to remove advertisements from our Website following any complaint from a Holidaymaker or another Advertiser, we have no control over the accuracy of any advertisement or the capacity of any Advertiser to make a booking with a Holidaymaker. We make no claims, therefore, as to the quality, safety or legality of any of the properties advertised. It is the sole responsibility of the Advertiser to be eligible to rent the property and the sole responsibility of the Holidaymaker to pay for the rental. As such, we disclaim all liability and responsibility for any loss or damage (including personal injury) suffered or incurred by you or another party arising from any related matters whatsoever.
Our responsibility for loss or damage suffered by youWhether you are a Holidaymaker or Advertiser:
We are proud of our reputation as a safe Website for Holidaymakers to come to for their holiday home
rentals.
This reputation has been built because both Holidaymakers and Advertisers strictly follow our advice
on bookings and payments.
Our Payment Promise to Holidaymakers is therefore contingent upon Holidaymakers following our
advice, which can be found on our Website here:
Holidaymaker Advice.
View
Payment Protection Information.
We will only use your personal information as set out in our Privacy Policy.
We are not responsible for viruses and you must not introduce themWe do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software. You must not misuse our Website 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 Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website 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 Website will cease immediately.
Prohibited usesYou may use our Website only for lawful purposes. You may not use our Website:
If you consider any content or images or any other material posted on our Website to be offensive, discriminatory, defamatory or libellous or otherwise inappropriate, please notify us of this by sending us details of the content you consider to be inappropriate and the reason why you consider such content to be inappropriate. Upon receipt of notification that any content is considered to be inappropriate, we will review such content and shall decide, in our sole discretion, whether to remove such content from our Website.
DisputesOur Website is a place where Holidaymakers can view listings of, and obtain information about, properties offered for rent by Advertisers. Our Website acts only as a limited venue for users to interact with each other. Simply Owners is not, and does not become, a party to any contractual relationship between the Holidaymaker and the Advertiser, and does not mediate between the Holidaymaker and the Advertiser in the event of any dispute arising between them. You agree that any issues or disputes that may arise in relation to a booking, will be brought directly against the Advertiser or Holidaymaker (as applicable) and not Simply Owners. Nothing in these Terms shall limit our right, in our sole option, to take action against a Holidaymaker or Advertiser for breach of these Terms or otherwise comply with governmental or regulatory bodies’ investigations, litigation or administrative proceedings.
Which country's laws apply to any disputes?If you are a Holidaymaker, please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you are an Advertiser, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.