You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and OkayLah.co.uk (in the following “OkayLah.co.uk", “we”, “us” or “our”). If you use any other site operated by OkayLah.co.uk. or subsidiary of OkayLah.co.uk., you also agree to be bound by the separate Terms and Conditions of that site, which may have additional or other terms. You are not authorized to use this Site unless you are able to enter into legally binding contracts. Further, in some cases, we and a user may enter into a separate written agreement or contract providing additional terms and conditions of such user’s use of this Site and incorporating these Terms by reference.
The license to use the site granted to users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engines” do not include a website or search engine or other service that provides classified listings or property rental adverts, or any subset of the same or which is in the business of providing vacation property rental services or other services that compete with us.
Unauthorized uses of the Site also include, without limitation, those listed below:
You agree not to do any of the following, unless otherwise previously authorized by us in writing:
Any commercial use (other than by members with a fully paid up subscription in good standing (a “valid subscription”) of the Site or any content on the Site.
Any use of the Site or the tools and services on the Site for the purpose of booking or soliciting a property other than a property listed under a valid subscription.
Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form whatsoever.
Reproduce any portion of the Site on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site.
Modify, translate into any language or computer language, or create derivative works from, any content or any part of the Site. Reverse engineer any part of the Site.Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties.
Use any robot, spider, scraper, other automatic device, or manual process to monitor, copy, or keep a database copy of the content or any portion of the Site.
Use the Site and its inquiry functionality other than to make legitimate inquiries to our members or any other use expressly authorized on the Site.
Use the Site or post or transmit information that is in any way false, fraudulent, or misleading, including making any reservation or inquiry under false pretences, or taking any action that may be considered phishing or that would give rise to criminal or civil liability.
Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material; Violate, plagiarize or infringe the rights of us or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights; or Use or access the Site in any way that, in our sole discretion, adversely affects or could adversely affect the performance or function of the Site or any other system used by us or the Site.
If you are aware of or experience any content, activity or communication through or in connection with the Site that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, we ask that you please inform us of any such violation by Contact Us.
Each user acknowledges and agrees that, regardless of such user’s physical location, we may store and process any data transmitted to the Site from such user at locations both within and outside of the United Kingdom.
We discourage you from giving anyone access to your online ID and password. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account, even those transactions that are fraudulent or that you did not intend or want performed.
Each user acknowledges and agrees that: (1)Neither okaylah.co.uk nor any of its affiliates will have any liability to any user for any unauthorised transaction made using any user’s password that occurs before such user has notified us of possible unauthorized use of such password and we have had a reasonable opportunity to act on that notice; and (2)The unauthorized use of your online id and password could cause you to incur liability to both okaylah.co.uk and other users.
Further, we may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you if we suspect, in our sole discretion, that your password is being used in an unauthorized or fraudulent manner.
You agree that, with respect to other users' personal information that you obtain through the Site or through any Site-related communication or transaction, we have granted to you a license to use such information only for:
(a) Site-related communications that are not unsolicited commercial messages,
(b) using services offered through the Site,
(c) facilitating a financial transaction between you and the other user,
In all cases, you must give users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another user to any third party without both our consent and the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information.
We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Site user to your mailing list (email or physical mail) without the user's express consent. You may not use any tool or service on the Site to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms. You are responsible for all content you provide to the Site or through any tool or service provided on the Site.
We have no duty to pre-screen content posted on the Site by members, clients or other users (including, without limitation, reviews, entries for any particular property), (collectively, “user-contributed content”) and we are not responsible for user-contributed content. We do, however, reserve the right to decline to permit the posting on the Site of, or to remove from the Site, any user-contributed content that fails to meet our Content Guidelines or if it otherwise violates these Terms. We may also remove user-contributed content if it is brought to our attention, such as by notice given to us by a user or any third party that any part of these Terms, or any other requirements governing the posting of such content, has/have been apparently breached in respect of such content. Finally, we reserve the right (but do not assume the obligation) to edit member’s content in a non-substantive manner solely to cause the content to comply with our content guidelines or formatting requirements.
All property listings on the Site are submitted by the member (who may be the owner or a property manager or duly authorized property manager or agent of the owner) and are the sole responsibility of the member, and we specifically disclaim any and all liability arising from the alleged accuracy of the listings or any alleged breaches of contract on a member's part. Members are solely responsible for keeping their property information up-to-date on the Site, including, but not limited to any and all representations about any property, its amenities, location, price, and its availability. We do not represent or warrant that any of the copy, content, property reviews, property location, suitability, pricing or availability information published on the Site is accurate or up-to-date. Members are solely responsible for ensuring the accuracy of any property descriptions, and clients are solely responsible for verifying the accuracy of such descriptions.
We reserve the right to disclose any information as permitted by prevailing law to satisfy any law, regulation or government request if we determine, in our sole discretion, that we are required to respond to, or if it would be in our interests to, respond to such request.
In no event will we, the site, our parent (okaylah.co.uk), subsidiaries, affiliates, officers, directors and/or employees (collectively, the "okaylah.co.uk group") be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from
(a) our site,
(b) these terms,
(c) any breach of these terms by us, you or a third party,
(d) use of the site, tools or services we provide related to the business we operate on the site by you or any third party and/or
(e) any actual or attempted communication or transaction between users, in each case, even if we have been advised of the possibility of such damages. these limitations and exclusions apply without regard to whether the damages arise from
-(1) breach of contract,
-(2) breach of warranty,
-(3) strict liability,
-(5) negligence, or
-(6) any other cause of action, to the maximum extent such exclusion and limitations are not prohibited by applicable law. if you are dissatisfied with the site, you do not agree with any part of the terms, then your sole and exclusive remedy against us is to discontinue using the site. in all events, our liability, and the liability of any member of the okaylah.co.uk group, to you or any third party in any circumstance arising out of or in connection with the site is limited to the greater of (a) the amount of fees you pay to us in the twelve months prior to the action giving rise to liability or (b) £65.00 in the aggregate for all claims. nothing in these terms shall exclude or restrict our liability for death or personal injury resulting from our negligence, nor for our fraud or our fraudulent misrepresentation.
In the event that you have a dispute with one or more other users of the site (including, without limitation, Any dispute between users regarding any transaction or user-contributed content), you hereby agree to release and discharge us and any member of the okaylah.co.uk group, each of their respective agents, directors, officers, employees, and all other related persons or entities from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liablities, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute. you hereby agree to indemnify us and any member of the okaylah.co.uk group (collectively, the "indemnified parties") against all liability incurred by the indemnified parties in connection with any claim arising out any breach by you or through your account of these terms or the representations, warranties and covenants made by you in these terms, including, without limitation, attorneys' fees and costs. you shall cooperate as fully as reasonably required in the defense of any claim. choice of law and forum; time limit.
This agreement shall be governed by and construed in accordance with the laws of england and wales and subject to the non-exclusive jurisdiction of the english courts.
Changes to the Site or these Terms and Conditions: We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database, or content, where we have legal, commercial or technical reasons to do so. We may also impose limits on certain features or services or restrict your access to parts or all of the Site without notice or liability for similar reasons.
This version of the Terms became effective in October 2017. We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time, with or without your consent. Notification of any amendment will be posted on the Site and will be effective immediately. If you disagree with any non-clerical and/or substantive amendment to these Terms, then (i) your sole remedy as a client is to discontinue your use of the Site, and (ii) your sole remedy as a member is to withhold your consent to the applicability of the proposed amendment to your use of the Site, in which case your use of the Site will continue to be governed by the terms and conditions that were applicable to your use of the Site during the then current term of your subscription as the same were in effect immediately prior to the proposed amendment and you agree that you are responsible for keeping a copy of such terms. When members renew subscriptions, the terms in effect at the time of renewal will govern unless and until any other revisions are made as described above.
We also reserve the right, in our sole discretion and from time to time, to offer special programs with unique terms and conditions that are separate from and may supersede in certain respects these Terms (for example, our Conveyancing referral Guarantee), the applicability of which to your use of the Site is governed by the terms and conditions of such special program. Subscription rates in effect at the time of a member's subscription are subject to change without notice at the member's next subscription renewal or with respect to any additional subscription.
The Site is owned by Plum Tree England Limited, and our address is 1 Village Courtyard, High Street, Hole-on-Spalding Moor, York. YO43 4AA United Kingdom. We are a company registered in England and Wales under registration no. 4216470. VAT registration number is 897 6952 37 Additional Terms and Conditions Applicable to Our Members In addition to being bound by the terms set forth above, members who purchase subscriptions from us are also bound by the following terms, which are in addition to any other terms agreed to in connection with purchasing or renewing a subscription.
Photographs should depict the property as the main subject of the photograph and may not include children or adults if you do not have their legal consent or any information that would violate privacy rights, intellectual property rights or any other rights of a third party. Photographs must meet our Content Guidelines. We reserve the right not to display or to remove any photographs that we determine, in our sole discretion, do not meet these Terms or are otherwise unacceptable to us.
By submitting a photograph electronically through the Site the member represents and warrants that:
(a) (i) it holds all intellectual property rights with respect to each submitted photograph, or (ii) it has secured from the copyright holder all rights necessary for the photograph to be used in an online advert,
(b) that any people in the photograph have given permission for their likeness to be displayed in an online advert on the Site,
(c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph,
(d) that it will indemnify and hold harmless the Site and any member of the OKAYLAH.CO.UK Group from any cause of action arising from any misrepresentation with respect to any and all photographs so submitted.
It is the member’s responsibility to obtain reproduction permission for all photographic and other material used in its adverts. The member warrants that it is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained and agrees to provide any proof of such rights to us that we may request.
By accepting these Terms and by posting a listing on the Site, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any content you post on the Site or the websites of our affiliates, and you grant the Site and the members of the OkayLah.co.uk Group the ability to copyright and protect the images, copy, and content available via your listing from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material. We need these rights to host and display your listing. You further agree to assist us—at our expense and control—to protect such copyrighted material from unauthorized redistribution. We are not responsible for any infringement or violation of laws resulting from content supplied by any member and each member agrees to indemnify and hold harmless the Site and any member of the OkayLah.co.uk Group against any action brought for breach of copyright or other rights from the use of such content supplied by such member. Each member hereby waives and releases all rights to any claim against us for any alleged or actual infringement of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with any user-contributed content posted or provided to us by any member.
Each member agrees that we may sublicense all the rights granted to us under these terms to one or more third parties we may contract with to display all or part of the member’s property listing or otherwise provide promotional or other services related to our business.
Further, each member agrees that we may reproduce in whole or in part any photographic material supplied by such member in the promotion of either such member’s property or the promotion of the Site.
There are limited ways in which you may use our trademarks or logos without specific prior written authorization. The following are general guidelines: It is usually permissible for you to refer to OkayLah.co.uk when you list your property in a descriptive manner in your listing on the Site or in other permissible communications. For example, you might say "Check out my property on OkayLah.co.uk via social media platforms. However, you may not refer to us in any way that might lead someone to believe that your company or property page is sponsored by, affiliated with, or endorsed by Us or one of our affiliates. For example, you may not say “OkayLah.co.uk sponsors,” or describe your property as “ OkayLah.co.uk’s best property available or cheapest rental etc.” You may not use the OkayLah.co.uk name or one of our affiliates’ names on any other website that lists OkayLah.co.uk without our prior written authorization.
The OkayLah.co.uk name and logo are registered trademarks. We generally do not permit the use of our names and logos, other than as described above or with our prior written authorization. If you want permission to use our name and/or logo in any other manner, including, without limitation, on any website, business card, signage, t-shirts, etc., or if you have other questions, you may Contact Us.
Each advert must relate to an individual and uniquely identified property.
(a) The property in an advert may not be substituted for another property. If a member submits changes to an existing listing that would substantially alter the listing to make it that of another property, then we have the right to terminate the listing and may choose, in our sole discretion, to retain any fees associated with the term of the previously existing listing as compensation for the violation of this condition.
(b) The listing specifically cannot be a mere example of properties in a given area. Only one property can appear on each advert, unless it is a property with multiple rental units on the same site. We reserve the right to amend the copy or remove any advert when more than one property is described in such advert, and may choose, in our sole discretion to retain any fees associated with the initial term of such non-conforming listing as compensation for the violation of this condition.
When, as a member, you choose to create a listing, you are agreeing that the listing may be placed shortly after you provide your agreement to create it. As a result you do not have the right to cancel your agreement to create the listing during the cooling-off period which is provided for certain transactions under the Consumer Protection (Distance Selling) Regulations 2000.
EU residents Professional members must provide us with a valid VAT exemption code for their company. The VAT will be refunded to them. However you may be required to account for VAT on our fees in your local jurisdiction, residency being interpreted for VAT purposes as the place from which your business is operated and tax registered. Please note that all members - whether they are in business or not - are responsible for charging and accounting to the relevant authorities for taxes (including, where relevant, VAT) on the rental payments they receive.