Terms of Use
TERMS AND CONDITIONS OF WEBSITE USE
Please read these Terms and Conditions (“Terms”, “Terms of Use”) carefully before using www.casita.com website (the “Service”) operated by Casita (“us”, “we”, or “our)
These terms of use (together with the documents referred to in them) tell you the terms of use on which you may use or access www.casita.com, a subdomain or any such related websites and /or mobile application for such website (our “Sites”) whether as a guest or registered user. Use of our Sites includes accessing, browsing or registering for an account. If you log in to our Sites through a third party such as Facebook, Google etc. ten you will be bound by these terms when you reach our Site.
Using this Website indicates that you accept these terms regardless of whether or not you choose to register with us.
If you do not agree to these terms of use, you must not use our Sites.
1. INTRODUCTION
1.1 Our Site is operated by Casita Limited, (the ‘Company’, ‘we’, ‘us’ or ‘our’) a company incorporated in Hong Kong with Company Number 2570731 and having its registered office at 4007 Central Plaza, 18 Harbour Road, Wanchai Hong Kong.
1.2 You may access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.3 By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.
1.4 The Company may revise this legal notice at any time by updating this posting. You should check this website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
2. LICENCE
2.1 You are permitted to print and download extracts from this Website for your own personal use on the following basis:
2.1.2 no graphics on this Website are used separately from accompanying text; and
2.1.3 the Company’s copyright and trade mark notices and this permission notice appear in all copies.
2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from this website other than in accordance with clause 2.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
2.3 Subject to clause 2.1, no part of this website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.
2.4 Any rights not expressly granted in these terms are reserved.
3. SERVICE ACCESS
3.1 While the Company endeavors to ensure that this Website is normally available 24 hours a day, the Company shall not be liable if for any reason this Website is unavailable at any time or for any period.
3.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
4. VISITOR MATERIAL AND CONDUCT
4.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
4.2 You are prohibited from posting or transmitting to or from this Website any material:
4.2.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
4.2.2 for which you have not obtained all necessary licences and/or approvals;
4.2.3 which constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
4.2.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.3 You may not misuse the Website (including, without limitation, by hacking).
4.4 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of clauses 4.2, 4.3 or 5.1.
4.5 The Website contains robot exclusion headers. Third parties may licence information on the Website to the Company. You agree that you will not use any robot, spider, scraper or other automated means to access the website for any purpose without our express permission. Additionally you agree that you will not:
4.5.1 take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
4.5.2 copy, reproduce, modify, distribute or publicly display any content (except for your information) from our Website without the prior written consent of the Company or appropriate third party, as applicable;
4.5.3 interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or
4.5.4 bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.
5. YOUR ACCOUNT AND PASSWORD:
In order to register for an account on our Sites you must be aged 18 or over at the point of registration or be 13 or older and have your parent or guardian’s consent to register for an account on our Sites. You must (or your parent or guardian acting on your behalf) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.
If you choose, or you are provided with, any user identification code, password or any other piece of information as part of our security procedures to set up an account, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with applicable law or any of the provisions of these terms of use and/or if we believe that your account is being used in an unauthorised or fraudulent manner.
If you know or suspect that anyone other than you knows your user identification code or password you must promptly notify us at [email protected]
Following such notification you may be required to set up a new account with a new identification code and/or password.
6. AGREEMENT BETWEEN USERS OF OUR SITE”
6.1 Our Sites allow property owners and managers to advertise their properties (each, an “Advertiser”) to potential student tenants (each, a “Student”).
6.2 You may use the Sites as a guest user or a registered user. Once you have discovered a property that best suits your needs, you can make an enquiry and complete the booking request form.
6.3 The booking request form includes your name, email address, phone number and information concerning the length of stay.
6.4 No payment details are required at this stage and there is no commitment to rent a room.
6.5 Your allocated booking consultant will then contact you to confirm and discuss the accommodation type that you require. Contact may be made via email, call, whatsapp.
6.6. We do not own or manage, nor do we contract for, any rental property listed on our Sites.
6.7 We will not be a party to any agreement between an Advertiser and a Student. The terms of any agreement entered into between an Advertiser and a Student may vary from Advertiser to Advertiser. It is your responsibility to review and agree to an Advertiser’s specific terms including the Advertiser’s terms relating to payments and cancellations where payment is made via our Sites.
6.8 All aspects of a transaction between a Student and an Advertiser, including (but not limited to) the quality, condition, safety or legality of the properties advertised and the ability of a user to enter into a transaction are solely the responsibility of each user. This includes the terms of any security deposit, which are set by the Advertiser. We do not represent, or negotiate, or carry out research on the part of or act on behalf of either Advertisers or Students.
6.9 We do not accept any responsibility for the confirmation of a Student and/or Advertiser’s identity.
6.10 Where a third party (for example an education or travel agent) acts on a Student’s behalf, it is the Student’s responsibility to ensure the accuracy of the information provided by the third party. We encourage users to take all such steps as necessary to communicate directly with a Student/Advertiser (as applicable) to assure yourself of the other person’s identity, details of the property and any tenancy agreement.
6.11 By providing your contact information on our platform, you agree to allow Casita to contact you via email/call/sms for assistance and also send you marketing/promotional content.
7. PRICES
7.1 The prices of properties displayed on the Sites are liable to change at any time. Despite our best efforts, some of the prices listed on the Sites may be incorrect. We expressly reserve the right to correct any pricing errors on our Sites and/or on potential bookings which have not yet been completed.
7.2 We display the prices that Advertisers provide to us from time to time. We are not responsible or liable for the accuracy of the prices displayed, to the maximum extent permitted by applicable law.
7.3 Due to the international nature of our Sites, the currency of the prices shown may vary depending on your location. Currency rates given on the Sites are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate and actual prices may vary from those shown on the Sites.
7.4 From time to time, third parties may list promotions, special offers or other forms of coupon on our Sites (“Coupons”). Coupons will contain terms and conditions that will apply in addition to these Terms, and will be void if you attempt to redeem the Coupon in violation of either these Terms or the terms of the Coupon. Unless expressly stated on the Coupon, it may not be used in combination with other promotions or discounts. Coupons are only redeemable during the promotional period specified in the Coupon, subject to availability. These Coupons will be non-transferable and have no alternative cash value.
8. PAYMENTS
8.1 In some circumstances, you can make payments to Advertisers via our Sites using payment provider such as Airwallex. You can find out more about Airwallex (will embed link to Airwallex website). In such circumstances, it remains your responsibility to make yourself aware of the Advertiser’s booking and cancellation policies.
8.2 Any deposit paid to an Advertiser via our Sites is held by the Advertiser not by casita.com. At the end of a tenancy agreement, you must contact the Advertiser to obtain the return of your Deposit.
9. CHANGES AND CANCELLATION
Any tenancy agreement entered into will be between a Student and an Advertiser. It is a Student’s responsibility to make themselves aware of the Advertiser’s cancellation policy at the time of booking.
9.1 Cancellation Policy
Cancellation policy will vary from Provider to Provider. Below are the common cancellation policy in UK.
Please note that if a provider lease or nomination agreement is in place, then the cancellation policy of the relevant provider will take precedence over this policy.
Cancellations before the 31st of July
Until the 31st of July, if you have not yet taken up occupation of your accommodation (which is deemed to occur at the time you collect the keys to the accommodation), you may cancel your booking. In this case, your Booking Fee is non-refundable and it can’t be transferred to another customer or tenancy period. In case , if the accommodation is found assigned to other person who was not the original contract party, without any prior permission , strict legal actions may be taken . Also the deposits would stand non- refundable. You will no longer be liable for the contractual obligations laid out in the Tenancy Agreement.
Cancellations on or after the 31st of July
If you wish to cancel your booking on or after the 31st of July, regardless of whether you have collected your keys, you will remain liable for the contractual obligations laid out in the Tenancy Agreement unless you can offer proof you fit any of the following criteria:
- Where proof is provided within the timescales specified below, the cancellation will be granted and you will no longer be liable for the contractual obligations laid out in the Tenancy Agreement.
- Where the reason for cancellation can’t be proved in line with the above, you will remain liable for the full contractual rent, unless and until a replacement tenant is found for your accommodation.
You’re responsible for finding an eligible replacement tenant, although site staff will assist where possible. If a replacement tenant is found, you’ll be released from the contractual obligations laid out in the Tenancy Agreement and any rent money will be refunded to you. Your Booking Fee will be retained.
Any decision made to release a Customer outside of these criteria is made by the local/regional management team, at their discretion, and on an individual case by case basis.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 We are the owner or the licensee of all intellectual property rights in our Sites, and in the material published on it. Those works are protected by copyright laws and treaties (and/or similar intellectual property laws, as relevant) around the world. All such rights are reserved.
11. LINKING TO OUR SITE
11.1 You may link to our home pages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
11.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Sites in any website that is not owned by you.
11.3 Our Sites must not be framed on any other site, nor may you create a link to any part of our Sites other than the home pages.
11.4 We reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on our Sites other than that set out above, please contact [email protected].
12. THIRD PARTY LINKS AND RESOURCES ON OUR SITES
12.1 Where our Sites contain links to other sites and resources provided by third parties, these links are provided for your information only.
12.2 Any maps provided on our Sites that are provided by Google are subject to the current terms and conditions published by Google available at:
http://www.google.com/intl/en/help/terms_maps.html and https://developers.google.com/maps/terms.
We have no control over the contents of those sites or resources.
13. CHANGES TO THE TERMS
13.1 We may revise these terms at any time by amending this page. We will use appropriate means, such as relevant announcements on our homepage, to inform you on such amendments. If you do not agree with the changes, you must stop using the Sites.
14. DISCLAIMER
14.1 While the Company endeavours to ensure that the information on this Website is correct, the Company does not warrant the accuracy and completeness of the material on this Website. The Company may make changes to the material on this Website, or to the products services and/or prices described in it, at any time without notice. The material on this Website may be out of date, and the Company makes no commitment to update such material.
14.2 The material on this Website is provided 'as is', without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with this Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.
14.3 Commentary and other materials on this Website are not intended to amount to advice on which reliance is placed.
15. LIABILITY
15.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of the Company’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
15.2 Nothing in this legal notice shall exclude or limit the Company’s liability for:
15.2.1 death or personal injury caused by the Companies;
15.2.2 Fraudulent misrepresentation; or
15.2.3 any liability which cannot be excluded or limited under applicable law (including without limitation consumer law).
15.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
16. FEATURED OFFERS
16.1 All promotional offers listed on the University Living website are applicable after a student checks in to the property, unless stated otherwise.
16.2 Offers made available in partnership with property providers are subject to the policies of respective providers.
16.3 Offers are non-transferable and valid until supplies last.
16.4 Casita reserves the right to withdraw, amend or cancel an offer at any time.
17. Applicable Law:
17.1 If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law and you and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.
17.2 However nothing in this clause 13 shall prevent you from being able to bring a claim in the courts of your country of residence under the applicable laws of your country of residence in situations where your right to do so is mandatory under applicable local law.