Terms & Conditions

These Terms and Conditions of Service were last updated on the following date: [11th December 2008]

This document relates to the following domains owned and operated by Student Mundial Limited:

studentmundial.com
studentmundial.co.uk

1. Introduction

   This Agreement is a legal document which sets out your rights and obligations, and those of Student Mundial Limited, a company registered in England under registration no. 6465777 ("Student Mundial", "studentmundial.com", "we" or "us"), in relation to this site and the services offered by Student Mundial through it either online or physically (the "Student Mundial Service"). You must take the time to read and understand it. By using our website or becoming a member of Student Mundial, you agree to the terms of this Agreement. You should be aware that this Agreement may change from time to time in accordance with Clause 21 below.

2. Types of membership
   • Student
     • Free access to view and reserve accommodation
     • Free access to find housemates
     • Free advertising of a spare room in your accommodation
   • Landlords, Estate Agents or any type of property provider
     • Free access to upload accommodation details
     • Fees charged once all or any part of the accommodation is rented through any part of Student Mundial either online or physically. Any rental achieved howsoever as a result of contacting Student Mundial will result in fees being owed to Student Mundial.

   People who register for Student Mundial as student members must be genuine students and are required to validate this by providing an active university or college email address. They must be at least 18 years of age. This is to ensure the security and safety of our student community, if any student suspects a fraudulent member please alert us immediately by sending an email to josh (at) studentmundial.com. It is our intention to maintain an exclusively student led community, for details about privacy please read our privacy policy

3. Registration

   You undertake to join Student Mundial using accurate and current information about yourself - including your correct name, email address and any other requested details. It is the user’s responsibility to maintain accurate information regarding their contact and location details.

   The content of the profile you provide upon joining Student Mundial, as subsequently amended and added to, will be available to all student members of Studentmundial.com. Again, for details about privacy please read our privacy policy.

4. Website Access

   I. Student Mundial grants you permission to use Student Mundial as set out in this Agreement, provided that:

   • You will not copy or distribute any part of Student Mundial in any medium without Student Mundial’s prior written authorisation;
   • You will not alter or modify any part of Student Mundial other than as may be reasonably necessary to use Student Mundial for its intended purpose;
   • You otherwise comply with this Agreement.

   II. You agree not to use or launch any automated system, including (without limitation) any "robots," "spiders," or "offline readers", that access Student Mundial in a manner that sends more request messages to Student Mundial’s servers in a given period of time than a human can reasonably produce in that period by using a conventional web browser. Notwithstanding the foregoing, Student Mundial grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices of the materials, but not caches or archives of such materials. Student Mundial reserves the right to revoke these exceptions either generally or in specific cases.

5. Privacy Policy

   Student Mundial’s Privacy Policy forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data in that policy. Given the global nature of the World Wide Web, any posting on Student Mundial (including any which contains personal information) is, of course, accessible to internet users around the world.

6. Student Mundial’s Role

   You acknowledge that we are not and cannot be responsible for the behaviour of or material contributed by Members - whether on Student Mundial (such as by way of messages between members) or outside of it. We are also not responsible for the accommodation that we advertise on our website. We only provide a venue where Student’s can find accommodation and other students to share their accommodation.

   In particular, you should be aware that Student Mundial does not get to physically view every property that is marketed on the website. The accuracy of the adverts of each property and full responsibility lies with the property provider, i.e. the landlord of the accommodation.

   Student Mundial cannot monitor each member or the messages that are sent. It is therefore, the responsibility of the community to report any abuse of the service that we provide. Student Mundial is therefore, not responsible for the behaviour of any member either through the website or their behaviour as a flatmate or housemate.

7. Operation of Student Mundial

   Student Mundial reserves the right to withdraw or modify one or more aspects of Student Mundial where we have serious legal or technical reasons to do so (including technical difficulties experienced by Student Mundial or on the Internet). There may be times when Student Mundial becomes unavailable, whether on (a) an unscheduled basis, because of technical problems (in which case we will use reasonable skill and care to overcome the problems we encounter, where they are within our control), or (b) a scheduled basis (which we will strive to conduct at times that are reasonably convenient to the bulk of the Members, in our reasonable discretion). For security or other reasons, we may require you to change password or other information that facilitates access to Student Mundial.

8. Misuse of Student Mundial

   We reserve the right (a) to suspend or terminate any Member’s access to Student Mundial, or parts of it, and/or (b) to remove, or require the Member to remove, material posted on Student Mundial, if the relevant Member or material appears to us to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register, or re-access, Student Mundial without our prior consent. However, there may be times when determined people whose Membership has been terminated or suspended re-register as Members, in breach of their obligations under this Agreement; we cannot prevent that. You are responsible for everything which is done on or through Student Mundial while your Membership account is logged on to Student Mundial, or through your email address(es).

9. Relevance

   Student Mundial is intended to be used by its Members for the purposes referred to in Clause 2 above. Accordingly, Members must not:

   • Include swear-words or terms that could be considered offensive in material posted on or transmitted through Student Mundial, including electronic messages, messages posted to Forums & Discussion groups, and any other communication tools made available via the Student Mundial site. This paragraph is not intended to supersede Clauses 11 and 13 below;
   • Use your access to Student Mundial, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as spam);
10. Payments

    Payments made to Student Mundial for the reservation of accommodation are not refundable. In the circumstance that the student is entitled to a refund (please see our refund policy) the student is to communicate directly with the property provider i.e. the landlord. It is solely their responsibility to reimburse the student.

    10.1 Our Accommodation Refund Policy

    Reasons for refund to students:

    • The only circumstance where a student will receive a refund of their initial payment, i.e. deposit + 1st rental instalment is: if the accommodation is not as described or portrayed on the website. Subject to an inspection by a member of the Student Mundial team to confirm the misrepresentation.
    • The above statement is the only circumstance where the student is entitled to receive a full refund without the obligation to find a replacement student to take their place in the accommodation they had reserved and paid for.
    • The landlord would be given a 48-hour opportunity to rectify the situation by upgrading the property to at least the standard portrayed in the description and photographs. It is the landlords responsibility to pay for a hotel for the tenant should the property not be deemed fit to sleep in according to the findings of the inspection by the Student Mundial Representative.
    • Should the standard of the description not be met once the improvements have been made by the landlord or the 48-hour period be exceeded, then the student is entitled to a full refund by the landlord.
    • The student should make arrangements with their property provider on how and when this refund is collected. Student Mundial is not responsible for providing the refund.
    • Should there be any other reason that the student wishes not to fulfil their commitment to move in and rent the accommodation that they have reserved and paid for, the student will be responsible for finding a replacement student to take over their place in the accommodation.
    • Once the replacement student has paid their deposit and 1st rental instalment to the property provider, the original student can request their deposit be returned to them plus any rent paid upfront for periods that they have not lived in the accommodation, providing the replacement student has paid for this rental period.
    • The property provider should permit any change of name to the tenancy agreement. However, the student who wishes to amend the contract by replacing their name with that of a new student may be liable for any administration charges incurred.
    • The Landlord has the right to hold the students deposit and 1st rental instalment until they find a replacement student to take over their room and contract. This is only acceptable if the student has decided not to move into the accommodation for any reason other than the house not being as described.

11. Prohibitions

    You are responsible for ensuring that no material you post, or which is posted through a machine on which you access Student Mundial (including Your User messages), nor any activity or communication you make in connection with any Student Mundial Service, will be capable of:

    • Infringing the intellectual property or other rights of any person or entity;
    • Breaching any applicable law, whether criminal, tortuous or otherwise;
    • Appearing to be offensive, threatening, defamatory, obscene, pornographic, false, unreliable or misleading (including, without limitation, misleading as to your identity).
12. Alerting Student Mundial

    If you see anything on Student Mundial that appears to breach this Agreement, then please contact us to inform us of it by emailing us. We do not generally monitor material contributed by Members placed on Student Mundial, and so we are reliant upon users to point out any which is in breach of this Agreement.

13. Disclaimer and Release

    Student Mundial has no control over, or responsibility for, the truth or accuracy of any material available on Student Mundial, whether provided by student members, property providers or others.

    • If any third party site is linked to, or from, Student Mundial, this does not mean that we endorse or have any responsibility for the site in question or anything that appears on it.
    • You should exercise no lesser degree of caution in appraising what you see on Student Mundial than you do offline.
    • Even though Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are.
    • Your use of Student Mundial is entirely at your own risk.

    Accordingly, to the extent that the law permits, you release Student Mundial, its directors, contractors and employees, from all liability arising out of or in connection with Student Mundial and the material included here by Members (including property descriptions and images) and other third parties.

14. Excluded Loss

    We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). Student Mundial Ltd. will also not be liable for any failure to perform its obligations under this Agreement caused by matters beyond its reasonable control.

15. Maximum Liability

    Without limiting the preceding Clause, the aggregate liability of Student Mundial Ltd. under this Agreement (whether arising in negligence or breach of this Agreement or otherwise) will not under any circumstances exceed the fees received by Student Mundial from the property provider relating to the accommodation reservation in question, regardless of the cause or form of action.

16. Non-excluded Liabilities

    Nothing in this Agreement limits Student Mundial Ltd’s liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.

17. Indemnity

    You agree to defend, indemnify and hold harmless Student Mundial against all liabilities, claims and expenses that may arise from any breach of this Agreement by you, through your use of Student Mundial or through a device on which you access Student Mundial. This obligation will survive your use of Student Mundial.

18. Assignment

    We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement, but we will ensure that the assignee undertakes to perform this Agreement in accordance with its terms. You may not without the written consent of Student Mundial Ltd assign or dispose of this Agreement.

19. Entire Agreement

    This Agreement includes our Privacy Policy; together they are intended to contain the whole of the agreement between us and you concerning Student Mundial, and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either you or us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.

20. Changes to this Agreement

    Student Mundial reserves the right to change this Agreement from time to time, and post the new version on Student Mundial. When we do so, the new version of these terms and conditions will govern Student Mundial:

    • Commencing 5 days after the date of posting (or such later date as Student Mundial indicates in any relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use Student Mundial; or
    • Immediately upon the date of posting (or such later date as Student Mundial indicates in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to one or more of Student Mundial’s addresses or email addresses referred to in this Agreement.
21. Severability

    In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.

22. Law

    This Agreement shall be governed by and construed in accordance with the laws of England and Wales. Student Mundial is controlled and offered by Student Mundial from its facilities in the United Kingdom. Those who access or use Student Mundial from other jurisdictions do so of their own volition and are responsible for compliance with local law.

23. No Waiver

    No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Student Mundial’s failure to assert any right or provision of this Agreement shall not constitute a waiver of such right or provision.

24. Contact

    You can contact us by emailing josh (at) studentmundial.com or by mail to: Student Mundial, The Hive, Nottingham Trent University, Nottingham, NG1 4BU, United Kingdom, or by telephone during normal office hours of 9am to 6pm GMT Monday to Friday on: +44 (0)7790 664 737. We will endeavour to respond to all email enquires within the same working day.