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Terms and Conditions

 

Welcome to The Jersey Landlords Association website. By accessing www.JLA.je,  you are agreeing to the following terms.

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Data Storage and security

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The Jersey Landlords Association never gives, rents, or sells access to your data to anyone else, nor do we make use of it ourselves for any purpose other than to provide our services.

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By registering and setting up an account with The Jersey Landlords Association you are agreeing to give us basic data such as your name and e-mail address for the purpose of sending information to you electronically and for you to pay your initial joining fee and annual subscriptions electronically.

If you would like to stop receiving any information from The Jersey Landlords Association, please click on the link that you will find on the e-mail sent.  If you choose to unsubscribe from all e-mails, we will still retain your account, including your name and e-mail address, so that you can use it to place rental property advertising with us and to pay your initial joining fee and annual subscriptions.

If you would like us to delete your account completely, removing all data held about you on our systems, please send an e-mail to admin@jla.je including your full name and e-mail address requesting this, and we will do it within 30 days of receiving that e-mail.  Where a complete deletion of your account is requested, you will not be able to able to access the “Members Only” section of the website and will not be able to place advertisements relating to your property/ies, nor will you receive electronic mailings from the Jersey Landlords Association.

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Our e-mails are distributed by a separate company called Mailchimp, who hold your name and e-mail information for the specific, and only, purpose of sending e-mails to you from The Jersey Landlords Association. You can read their data privacy policy here

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When paying a registration fee, an annual subscription, or a rental property advertisement, you will need to give some financial information in order to complete your purchase. That information is not held by The Jersey Landlords Association as the payment is processed by Pay Pal. You can read PayPal’s data privacy policy here.

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If you send us information for publication which includes something you judge to be personal data, then you are giving us your permission to publish it. We will remove data following a request by you sent by e-mail to admin@jla.je within 30 days. Before that time, we will consider requests to remove personal data, based on the individual circumstances of the case. Property advertisements will automatically be archived after 30 days of the posting date but can be deleted by you before this by hitting the delete button on the relevant page.

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Data Retention

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We will hold your personal data for as long as you are a paid up member of the Jersey Landlords Association or an Associate of third party provider thereto, and for as long afterwards as is necessary to comply with our legal obligations.  Credit and debit card information is stored via PayPal and is subject to their privacy notice (see link above).

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You may request an inventory of data we hold for you, and you may request for it to be removed so long as we are not legally obliged to keep it.

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If you do not pay your subscription when it’s due, your membership will lapse and your data will be archived.  If your membership has lapsed, you will have to e-mail admin@jla.je requesting access to your account.  You will have to pay the appropriate joining fee (detailed on the Membership application form here) in addition to the subscription.

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Using The Jersey Landlords Association website

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As a condition of your use of The Jersey Landlords Association website you agree that you will not:

• violate any laws;

• post any threatening, abusive, defamatory, obscene or indecent material;

• post or otherwise communicate any false or misleading material or message of any kind;

• infringe any third-party right;

• distribute spam, chain letters, or promote pyramid schemes;

• distribute viruses or any other technologies that may harm The Jersey Landlords Association or the interests or property of the Jersey Landlords Association website users;

• impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of The Jersey Landlords Association;

• copy, modify, or distribute any other person’s content without their consent;

• use any robot spider, scraper or other automated means to access The Jersey Landlords Association website and collect content for any purpose without our express written permission;

• harvest or otherwise collect information about others, including email addresses, without their consent;

• copy, modify or distribute rights or content from The Jersey Landlords Association website, services, applications or tools or The Jersey Landlords Association’s copyrights and trademarks;

• harvest or otherwise collect information about users, including email addresses, without their consent

• bypass measures used to prevent or restrict access to The Jersey Landlords Association website;

• sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.

 

You are solely responsible for all information that you submit to The Jersey Landlords Association website and any consequences that may result from your post.

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We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms.

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We also reserve the right at our discretion to restrict a user’s usage of The Jersey Landlords Association website either temporarily or permanently, or refuse a user’s registration.

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If we believe that you are breaching these Terms of Use in any way and/or behaving suspiciously on

The Jersey Landlords Association website, applications or tools, we may, at our discretion, inform other Jersey Landlords Association website users that have been in contact with you and recommend that they exercise caution.

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Abusing The Jersey Landlords Association website

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Please report problems, offensive content and policy breaches to us by sending an e-mail to admin@jla.je or via the Report this function

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Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off The Jersey Landlords Association website if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing The Jersey Landlords Association’s members or other users). However, whether we decide to take any of these steps, remove hosted content or keep a user off The Jersey Landlords Association website or not, we do not have any obligation to monitor the information transmitted or stored on our site, services, applications and tools and we do not accept any liability for unauthorized or unlawful content on The Jersey Landlords Association website or use of The Jersey Landlords Association website by users.

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Fees and Services

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Using The Jersey Landlords Association website is generally free.  Once you are a subscribed member of The Jersey Landlords Association, your subscription entitles you to a number of free property advertisements on The Jersey Landlords Association website.  The number of free advertisements available to you per subscription year is dependent on the subscription you pay which in turn is dependent on the number of units of rental accommodation that you own or manage. Details can be found on the “Membership and Benefits” page. Unused entitlement at the end of the subscription year will not be carried forward to the new subscription year.

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You are responsible for paying the Jersey Landlords Association subscription fees when they’re due. If you don’t, without prejudice to any other right or remedy we may be entitled to under these Terms of Use, we may limit your ability to use the website.

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You acknowledge that your property advertisements may be deleted from The Jersey Landlords Association website, applications or tools in cases we believe these Terms of Use are breached, either directly or indirectly.

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Content

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The Jersey Landlords Association website contains content from us, you, and other users. You may retrieve and display the Content on a computer screen or mobile device, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your computer or mobile telephone for your personal, non-commercial use. Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from The Jersey Landlords Association:

• reproduce or store in or transmit to any other website, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of the Content, or

• modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the Content (including use as part of any library, archive or similar service) without the prior written consent of The Jersey Landlords Association;

• remove the copyright or trade mark notice from any copies of the Content made under these Terms.

• Any use of the Content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to The Jersey Landlords Association at admin@jla.je  using the contact form on the Contact Us page on the website.

 

You agree not to copy, distribute or modify content from The Jersey Landlords Association website without the Association’s express written consent. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of The Jersey Landlords Association website (other than your own content).

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You agree that you retain the copyright of any material that you submit for publishing on the Jersey Landlords Association website.

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Liability

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No Warranty, Disclaimer of Liability and Indemnity

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Whilst every effort has been made to ensure the high quality and accuracy of the website, The Jersey Landlords Association makes no warranty, express or implied concerning the Content, the Site, software or products or services available through the Site (the “Site Services”), which are provided “as is”. The Jersey Landlords Association expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will The Jersey Landlords Association, its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Site Services, even if the Jersey Landlords Association has been advised of the possibility that such damages may arise. The Jersey Landlords Association does not guarantee the accuracy, content, or timeliness of the Site Services or that they or related systems are free from viruses or other contaminating or destructive properties.

In no event will any liability of the Jersey Landlords Association, its affiliates, agents and licensors to you (and/or any third party) arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Site Services or breach of these Terms by The Jersey Landlords Association exceed the amount, if any, paid by you to The Jersey Landlords Association in respect of the particular Site Service to which the claim relates.

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Upon The Jersey Landlords Association’s request, you agree to defend, indemnify and hold harmless The Jersey Landlords Association from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Site Services.

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You agree not to hold us responsible for things other users post or do.

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The Jersey Landlords Association is not involved in the actual transactions between users. As a lot of the content on the Jersey Landlords Association website comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what’s offered.

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In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

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Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of, or inability to use The Jersey Landlords Association website, even if you advise us or we could reasonably foresee the possibility of any such damage occurring.

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Release

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If you have a dispute with one or more of the Jersey Landlords Association website users, you release us (and our officers and agents) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

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Personal Information

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By using The Jersey Landlords Association website, you agree to the collection, transfer, storage and use of your personal information by The Jersey Landlords Association website on servers located in the Channel Islands, European Economic Area (EEA) or with USA-based service providers who comply with modern security practices as described in our Privacy policy.

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You also agree to receive communications by e-mail (MailChimp) from time to time notifying you of matters relating to the Jersey Landlords Association, press releases and other communications relevant to you as a Jersey property landlord unless you tell us that you prefer not to receive such communications.

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Governing Law and Jurisdiction

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These Terms shall be governed by, and construed in accordance with, Jersey law. The parties irrevocably agree that the courts of the Island of Jersey shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the Jersey courts.

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Registration, Passwords and Responsibilities

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Certain areas of the Site are only open to you if you register. You are solely responsible for the confidentiality and use of and access to the Content and the Site using your user name, sign-on password, and/or I.D. You agree to immediately notify The Jersey Landlords Association if you become aware of any loss or theft of any sign-on password or I.D. or any unauthorised use of a sign-on password, I.D., username, or of the Content or the Site. You will provide the Jersey Landlords Association with accurate, complete registration information (including in particular your e-mail address) and inform the Jersey Landlords Association of any changes to such information. For the purpose of confirming your compliance with the terms of these Terms, the Jersey Landlords Association reserves the right to monitor and record activity on the Site, including access to the Content.

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Force Majeure

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The Jersey Landlords Association, its affiliates and its agents will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.

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Miscellaneous

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Changes to these Terms.  The Jersey Landlords Association may, in its discretion, change these Terms (including those relating to your use of the Site and/or the Content). When Terms are changed, the Jersey Landlords Association will notify you by email or by publishing details of those changes by including them in these Terms. If you use the Site after the Jersey Landlords Association has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further after they are published. Access to certain Content may be subject to additional terms and conditions.

Advertising, Third Party Content and other Web Sites. Parts of the Site contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. The Jersey Landlords Association is not responsible for any third party content or error, omission or inaccuracy in any advertising material. The Site contains links to other web sites. The Jersey Landlords Association is not responsible for the availability of these web sites or their contents.

Assignment of Agreement. This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by the Jersey Landlords Association.

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Non-Waiver. No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.

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Notices. Notices to The Jersey Landlords Association must be given in writing by letter and sent to

P O Box 385, St Helier, Jersey, JE4 9ZJ

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Severability/Survival/Statute of Limitations. If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid but rather the Terms will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in the Island of Jersey within one year after the cause of action has arisen, or such cause will be barred, invalid, and void.

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Whole Agreement. Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.

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Headings. Headings in these Terms are for convenience only and have no legal meaning or effect.

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Last updated: January 2019

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