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Terms & Conditions - Terms of Use

Use of the Service is governed by the Terms and Conditions (as amended from time to time) which consist of these Terms of Use, the Privacy Policy, the About Us section and, where applicable, the Landlord Participation Form or Registrant Registration Form. These documents constitute the entire agreement between us and can be found on this website (jointly referred to as the "Terms and Conditions"). By using the Service and/or registering to use the Service you agree to be bound by these Terms and Conditions. Please note Additional Terms of Use apply to users who choose to register for the Service; these Additional Terms of Use can be found below in the sections "Additional Terms of Use for Partnering Organisations" and "Additional Terms of Use for Registrants".

The www.HomeKey.co.uk website and service is provided by Housing Partners Limited ("Housing Partners"). Further details of Housing Partners can be found in the "About Us" section of this website. All references to "HomeKey" throughout the Terms and Conditions mean reference to Housing Partners.

General Terms of Use

1 The services provided by HomeKey consist of (i) the provision of this website; (ii) where a user is a Registrant (as defined below), the provision of a matching service that identifies potentially suitable homes for that Registrant; and (iii) where a user is a Partnering Organisation, the ability to use the service on behalf of their tenants and customers (the "Services" and the "Additional Services" (as defined below)). HomeKey offers no guarantee and makes no warranty as to the likelihood of a user finding a suitable match leading to a successful bid. Moreover HomeKey cannot verify the existence, suitability or condition of any of the properties detailed on the website nor can it accept any liability for any damage, accident or injury which might occur due to your direct or indirect use of the Services.

2 You acknowledge that HomeKey publishes information provided to it by third parties. HomeKey does not therefore make any representations or warranties about the accuracy, completeness or suitability of the information and related images published by the Service.

3 Neither HomeKey, nor any of its officers, servants and agents contributing to the Service shall be liable for any loss or damage arising out of or in connection with the use of this Service. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, loss of turnover, loss of sales, loss of revenue, special loss, income or profit loss, loss of or damage to property and any claims of third parties and which in any event shall be limited to "sums paid" by the relevant party.

4 While HomeKey endeavours to ensure that this Service is normally available 24 hours a day, access to this Service may be suspended temporarily and without notice. HomeKey shall not be liable for any damages, direct, indirect or consequential arising in contract or tort or otherwise from the inability to use the Service.

5 Notwithstanding the foregoing, none of the exclusions and limitations in the Terms and Conditions are intended to limit any rights you may have as a consumer under UK law, nor in any way to exclude or limit HomeKey's liability to you for death or personal injury resulting from HomeKey's negligence or that of its employees or agents.

6 Any links to other sites are provided for information only. HomeKey is not responsible for the content of these sites nor does the presence of a link constitute an endorsement of or statement about the site linked to.

7 You agree not to post or transfer to this website (nor include in any message) any material which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of HomeKey or any other parties computer system. In the event that you do post or transfer any such material to this website your registration to the HomeKey service may be revoked. You agree to indemnify us in respect of any liabilities, losses, expenses or other costs whatsoever incurred as a result of a breach of your obligation under this provision, including, but not limited to any claims made against us by any third party. HomeKey reserves the right to withdraw any material posted on the website without notice or formality.

8 Any third party contributing any content to the Service whether by means of text, names and/or images shall at all times be liable for and shall indemnify and hold harmless HomeKey (together with its officers, servants and agents) against any and all liability, loss, damages, cost, legal costs, professional and other expenses of any nature whatsoever, incurred or suffered by any party arising out of the use of the Service whether directly, or indirectly.

9 In consideration of agreeing to your use of this website and the Services you acknowledge that the ownership of any intellectual property rights (including but not limited to copyright) in this website belongs to us and all such rights in respect of the contents are controlled by us. Accordingly, any part of this website (or its source code) may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilising this website meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content.

10 HomeKey reserves the right to amend the Terms and Conditions, the Services and the website at any time as HomeKey may in its sole discretion deem fit. You agree to be bound by the Terms and Conditions in force at the time you are utilising the website and/or the Service unless such changes are deemed to have retrospective effect by virtue of applicable law. Copies of previous versions of these Terms and Conditions can be obtained by writing to HomeKey, Whittington Hall, Whittington Road, Worcester WR5 2ZX. It is your responsibility to any such amendments and familiarise yourself with the amended Terms and Conditions as continued use of the website and/or the Service signifies agreement to the Terms and Conditions (as amended).

11 HomeKey reserves the right to withdraw some or all rights from any user as it shall in its sole discretion deem fit.

12 HomeKey may assign its rights to this agreement without your consent. However, HomeKey will notify you of any assignment outside of the Housing Partners via a posting on this website.

13 HomeKey Services are only available to persons who are capable of forming a legally binding contract and only to persons resident within the United Kingdom and in accepting these Terms and Conditions you are declaring that you are capable of forming a legally binding contract and that you are resident within the United Kingdom.

14 In the event any of these Terms and Conditions are declared invalid or unenforceable by the judgment or decree by consent or otherwise of a court of competent jurisdiction from whose decision no appeal is or can be taken, all other clauses or part of clauses contained in these terms and conditions shall remain in full force and effect and shall not be effected by such finding.

15 For the avoidance of doubt clauses 7, 8 and 17 hereof shall survive termination hereof.

16 The Terms and Conditions shall override any contrary terms or conditions published by us or appearing on this website in relation to any Landlord Participation Form or Registrant Registration Form.

17 A person who is not a party to these Terms and Conditions shall have no right under the contract (Rights of Third Parties) Act 1999 to enforce any of the Terms and Conditions.

18 These Terms and Conditions shall be interpreted in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English Courts.

Additional Terms of Use for Partnering Organisations

19 Registered social landlords, councils with housing stock or statutory housing obligations and other relevant organisations, at the discretion of HomeKey, may "partner" with HomeKey, (i.e. work with HomeKey in order to provide property on the terms stipulated herein), in order to facilitate the provision of the Service ("Partnering Organisations").

20 The Service is free of any registration charge to verified tenants of Partnering Organisations.

21 HomeKey shall provide a specific area of the website for use by a Participating Organisation. In this area Partnering Organisation are able to set up unique passwords and usernames for staff users. Partnering Organisations shall ensure staff details are not divulged to any other party and are kept up to date, in particular they will ensure immediate deletion of former staff details.

22 Where a Partnering Organisation has more than one office/location assisting tenants it may elect to have individual accounts set up on HomeKey for each office/location. In such circumstances tenants of that Partnering Organisation registering with HomeKey will be additionally asked which office/location they deal with and staff from that office/location. An additional charge may be applicable.

23 Partnering Organisations agree to promote the HomeKey service to tenants including prominently displaying HomeKey marketing materials in areas where they can be seen by tenants and including details of the Service in literature sent and available to tenants. Partnering Organisations agree also to add one or more links to the HomeKey website on their own website.

24 HomeKey shall be permitted to refer to which organisations are Partnering Organisation, and use their logos, for marketing purposes.

25 Partnering Organisations who enter into an agreement to partner with HomeKey shall be charged a fee for the use of the Services (the "Annual Charge"). The amount of the Annual Charge shall be dependent upon the number of properties owned by or under the management of the Partnering Organisation. Details of the Annual Charge are available from landlords@HomeKey.co.uk

26 HomeKey cannot guarantee the availability or continuation of the Additional Services and failure by HomeKey to provide any of the Additional Services shall not be deemed a breach of the provisions hereof.

27 Provided you agree unconditionally to the Terms and Conditions please submit your completed Landlord Participation Form (available from landlords@HomeKey.co.uk). If your application is successful HomeKey will send to you notification that your Landlord Participation Form has been accepted. Upon receipt of such notification a legally binding contract will have been formed between us. Please note HomeKey reserves the right at our sole discretion not to process your Landlord Participation Form and in the event that your application is rejected HomeKey will notify you. Whilst HomeKey guarantee to send to you a notification HomeKey cannot guarantee that the notification which HomeKey sends will be received by you nor that if it is received by you it is legible and uncorrupted.

28A contract between a Partnering Organisation and HomeKey may be terminated:

28.1 By either party giving the other not less than three months' notice, in writing; or

28.2 Forthwith by either party if the other fails to comply with any of these terms and conditions (in a way which cannot be remedied within 28 days of a written request to do so), or enters into liquidation, or another similar process.

28.3 Notwithstanding such termination no part of the Annual Charge shall be refundable to the Partnering Organisation who shall also remain bound to pay for such Additional Services as have been provided.

Additional Terms of Use for Registrants

29 A "Registrant" is anyone who has been registered to use the Services to find and bid upon available properties.

30 The Service may be terminated at any time by either you or HomeKey. If you wish to unsubscribe you should log into the website, click on the "Cancel Membership" button and follow the on screen instructions.

HomeKey Matching Rules

31 A "match" is created where we find homes that match on the following criteria:

Area - the matched home must be in an area you have specified that you want to live in and the tenant of the other home wants to live where you are. This information is provided by stating your preferred areas by place name (e.g. town or village) and the distance from that place.

Bedrooms - the matched home must have the number of bedrooms you have requested OR one more (a landlord may permit a mutual exchange where there is an extra bedroom), and the tenant of the other home must match with your home using the same criteria.

Home Type - the matched home must be of a type (i.e. house, bungalow, maisonette, flat) that you have specified you want and your home must be of a type that the tenant of the other home has requested.

© HomeKey 2009