Terms & Conditions

Effective: 30th May 2020

This is your End User Licence Agreement for The Lifestyle Housing Group. Please read this carefully before using The Lifestyle Housing Group service and you may want to retain a copy for your records. When you accept these terms, you confirm that you are duly authorised on behalf of the Client to place an order for The Lifestyle Housing Group subject to the terms and conditions set out below. You also warrant that the information submitted in signing up is correct and accurate to the best of your knowledge.

A: PROPERTY OF The Lifestyle Housing Group FOLLOWING ACCEPTANCE OF THIS END USER LICENCE AGREEMENT YOU MAY ACCESS AND USE THE The Lifestyle Housing Group SOFTWARE THROUGH OUR SERVER. THE COPYRIGHT, DATABASE RIGHTS AND ANY OTHER INTELLECTUAL PROPERTY RIGHTS IN THE PROGRAMS AND DATA WHICH CONSTITUTE THIS SOFTWARE PRODUCT, ARE AND REMAIN THE PROPERTY OF ESTATEDUCATION VENTURES LIMITED (‘The Lifestyle Housing Group', ‘WE’, ‘US’ AND ‘OUR’).

B: LICENCE ACCEPTANCE PROCEDURE BY CLICKING ON THE ACCEPTANCE BUTTON DURING THE REGISTRATION PROCEDURE, YOU INDICATE ACCEPTANCE OF THIS END USER LICENCE AGREEMENT AND THE LIMITED WARRANTY AND LIMITATION OF LIABILITY SET OUT IN THIS END USER LICENCE AGREEMENT. SUCH ACCEPTANCE IS ON BEHALF OF ANY CORPORATE ENTITY WHICH EMPLOYS YOU OR WHICH YOU REPRESENT (‘CLIENT’). IN THIS END USER LICENCE AGREEMENT, ‘YOU’ INCLUDES BOTH THE READER AND ANY CLIENT. YOU SHOULD THEREFORE READ THIS END USER LICENCE AGREEMENT CAREFULLY BEFORE CLICKING ON THE ACCEPTANCE FIELD. IF YOU DO NOT AGREE TO THE TERMS OF THIS END USER LICENCE AGREEMENT, DO NOT USE THE WEBSITE OR THE SERVICE.

C: USER REJECTION The Lifestyle Housing Group MAY IN OUR ABSOLUTE DISCRETION REJECT YOUR COMPANY FROM USING THE The Lifestyle Housing Group SERVICE WITHIN 21 DAYS OF SUBMISSION, IN WHICH CASE YOU WILL BE NOTIFIED OF SUCH REJECTION BY E-MAIL.

Definitions

The following terms as used in this Agreement have the following meanings:

“Agreement” means this End User Licence Agreement which may be amended by The Lifestyle Housing Group from time to time in accordance with its terms;

“The Lifestyle Housing Group” means the online platform managed by The Lifestyle Housing Group and provided through the Website and other properties;

“The Lifestyle Housing Group Technology” means all the proprietary technology used in delivering the Service (including the software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to the Client by The Lifestyle Housing Group in providing the Service;

“Client”, “you”, “yours” means the corporate entity or organisation ordering the Service(s);

“Client Data” means any data, information or material provided or submitted by or on behalf of the Client to The Lifestyle Housing Group and/or the Service or generated by the Service in the course of using the Service including but not limited to employee data held in the Service;

“Content” means the documents, software, materials, products and services contained or made available to the Client in the course of using the

Service;

“Defect” means an error in the operation of the Service that causes the Service to fail to operate substantially as documented;

“Effective Date” means the date upon which this Agreement is accepted by the Client;

“Intellectual Property Rights” means unpatented inventions, patent applications, patents, design rights, copyrights (including rights in computer software), trademarks, service marks, trade names, domain name rights, database rights, design rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world;

“Law” means any applicable law (statutory, common or otherwise), legislation (primary or secondary), statutory provision, statutory instrument, constitution, treaty, convention, ordinance, equitable principle, code, directive, edict, decree, rule, order, requirement, regulation, guidance, executive order, or other similar authority issued, enacted, adopted, promulgated, implemented, applied, or otherwise put into legal effect by or under the authority of any governmental entity in any relevant jurisdiction;

“Service(s)” means the online services developed, operated, and maintained by The Lifestyle Housing Group (and its licensors, where applicable), or ancillary online or offline products and services provided to the Client by The Lifestyle Housing Group, to which the Client is being granted access under this Agreement, including the The Lifestyle Housing Group Technology and the Content;

“User(s)” means the Client’s employees, representatives, consultants, contractors or agents who are authorised to use the Service and have been supplied user identifications and passwords by the Client (or by The Lifestyle Housing Group at the Client's request); and

“Website” means The Lifestyle Housing Group.co.uk

Privacy; Disclosure

The Lifestyle Housing Group's privacy policy in relation to the Client's use of the Service may be viewed at TheLifestyleHousingGroup.co.uk, and is incorporated into this Agreement by reference. The Lifestyle Housing Group reserves the right to modify its privacy policy in its reasonable discretion from time to time. With regard to any personal data input by or collected from the Client that may be stored or processed in the The Lifestyle Housing Group system, such data shall be stored and processed by The Lifestyle Housing Group in accordance with UK data protection legislation. Note that because the Service is a hosted, online application, The Lifestyle Housing Group occasionally may need to notify all Users of the Service of important announcements regarding the operation of the Service. The Client agrees that The Lifestyle Housing Group can disclose the fact that the Client is a user of the Service.

If you do not agree with The Lifestyle Housing Group's privacy policy then please do not use the Website or the Service.

Registration

Upon signing up for the Service and at subsequent times as requested by The Lifestyle Housing Group, You agree to provide to The Lifestyle Housing Group your true, accurate, current, and complete personal name and/or business name, administrator name, billing address, the addresses where the Service will primarily be used, email address, contact phone number and other data which may be necessary to administer your account (collectively, “Registration Data”). You represent and warrant that the information you provide is accurate, current, and complete, and agree to promptly update any of the information if it changes.

If you provide Registration Data that is, or that The Lifestyle Housing Group suspects to be, false, inaccurate, not current, incomplete, fraudulent, or otherwise unlawful, The Lifestyle Housing Group has the right, in its sole discretion, to suspend or terminate the Service and refuse any and all current or future use of the Service by you, your business(es), affiliates and all users of your account. At all times, you shall maintain and promptly update Registration Data.

Licence Grant and Restrictions

Subject to and conditional upon the Client's compliance with the terms of this Agreement, The Lifestyle Housing Group hereby grants to the Client a non-exclusive, limited, personal, revocable, non-transferable, right to use the Service, solely for the Client's own internal business purposes, subject to the terms and conditions of this Agreement.

All rights not expressly granted to the Client are reserved by The Lifestyle Housing Group and its licensors.

The Client may not access the Service if they are a direct competitor of The Lifestyle Housing Group or any of The Lifestyle Housing Group's businesses or associated companies, except with The Lifestyle Housing Group's prior written consent.

In addition, the Client may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. The Client shall not: (i) license, sublicense, sell, resell, transfer, assign, rent, lease, export, import, act as an intermediary or provider, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet “links” to the Service or “frame” or “mirror” any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service.

The Client may use the Service only for internal business purposes and shall not (not authorise any third party to): (i) store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or in violation of third party privacy rights; (ii) store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (iv) attempt to gain unauthorised access to the Service or its related systems or networks.

The Lifestyle Housing Group, in our sole discretion, reserves the right to add, remove, or modify features or functions, or to provide fixes, updates and upgrades, to The Lifestyle Housing Group and the Service. You acknowledge and agree that The Lifestyle Housing Group has no obligation to make available to You any subsequent versions of The Lifestyle Housing Group or the Service. In addition, you and The Lifestyle Housing Group acknowledge that no third-party has any obligation whatsoever to furnish maintenance or support services with respect to The Lifestyle Housing Group or the Service and that The Lifestyle Housing Group is solely responsible for the provision of maintenance and support as provided in this Agreement and to the extent such maintenance and support is required under applicable Law.

The Lifestyle Housing Group and the Service may be integrated with third party applications, websites, and services (“Third Party Services”) to make available content, products, and/or services to you. These Third Party Services may have their own terms and conditions of use and privacy policies and your use of these Third Party Services will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that The Lifestyle Housing Group does not endorse and is not responsible or liable for the behaviour, features, or content of any Third Party Services or for any transaction you may enter into with the provider of any such Third Party Services.

Client's Responsibilities

The Client is solely responsible for all activity occurring under their User accounts and shall abide by all applicable Law in connection with their and their Users’ use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. The Client shall: (i) notify The Lifestyle Housing Group immediately of any unauthorised use of any password or account or any other known or suspected breach of security; (ii) report to The Lifestyle Housing Group immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by the Client or their Users; and (iii) not impersonate another The Lifestyle Housing Group User or provide false identity information to gain access to or use the Service.

You shall not use The Lifestyle Housing Group or the Service for any illegal, fraudulent, improper, or abusive purpose or in any way that interferes with The Lifestyle Housing Group's ability to provide a high quality Service to other clients, prevents or restricts other clients from using the Service, or damages any of The Lifestyle Housing Group's or other clients’ property. If The Lifestyle Housing Group finds that you are using the Service for anything other than as permitted by this Agreement or for any of the prohibited uses in this Agreement, The Lifestyle Housing Group may at our sole discretion terminate your Service with immediate effect. Prohibited uses include, but are not limited to:

Behaviour that is illegal, obscene, threatening, harassing, defamatory, libellous, deceptive, fraudulent, malicious, infringing, tortious, or invasive of another’s privacy.
Harvesting or otherwise collecting information about others, including email addresses, without their consent or in breach of applicable data protection or privacy laws.
Negligently, recklessly, knowingly, or intentionally transmitting any material that contains viruses, time bombs, Trojan horses, worms, malware, spyware, or any other programs that may be harmful or dangerous.
Transmitting any material that may infringe, misappropriate, or otherwise violate any third party's Intellectual Property Rights.
Using the Service in any way that interferes with other clients’ and third parties’ use and enjoyment of the Service or use the Service in any manner which disrupts, prevents or restricts any other client from using the Service.
Using or employing methods and/or devices that are designed or likely to take advantage of, bypass, exploit, or otherwise avoid the restrictions and limitations contained in this Agreement.

You further understand and agree that:

You shall be solely liable for any transmissions sent through The Lifestyle Housing Group and the Service under your account, including the content of any transmission sent through the Service under your account.
You will abide by all applicable The Lifestyle Housing Group policies, procedures, and agreements related to The Lifestyle Housing Group and the Service.

You agree not to directly or indirectly through a third party engage in any conduct or make any communication (public or private) that disparages The Lifestyle Housing Group, The Lifestyle Housing Group or the Service in any way. Such communications include, but are not limited to, publishing, posting, printing, disseminating, or otherwise making such disparaging statements on or through the Internet, in any blog, or through any other form of social media. You further agree not to solicit or encourage, directly or indirectly, any such statements, comments, or communications by any third-party. In accordance with the termination provisions below, The Lifestyle Housing Group may terminate your access to The Lifestyle Housing Group or the Service if you breach the requirements of this section.

If we, in our sole discretion, consider you to be in breach of this Agreement, or likely to be in breach of this Agreement, we may take any action we think is necessary to protect The Lifestyle Housing Group, the Service and its users. We may: (a) withdraw your right to use The Lifestyle Housing Group and the Service; (b) remove Client Data from The Lifestyle Housing Group; (c) take legal proceedings against you; (e) disclose any information to law enforcement authorities we think is necessary or as required by Law. These actions are not limited and we may take any other action we reasonably deem appropriate.

As you will be submitting and providing Client Data which may contain the personal data (and potentially sensitive personal data (as such terms are defined under the Act)) of Users and third parties, you acknowledge and accept that you are solely responsible for obtaining all required consents, authorisations and permissions from such Users and third parties to enable you to provide such information to us and to grant to us the rights set forth in this EULA and the privacy policy. It is your responsibility to ensure that all such Users and third parties are aware of and accept the terms of this EULA and the privacy policy and that you have obtained explicit consent of Users to our processing any of their sensitive personal data in accordance with this EULA and the privacy policy. You may not provide us with any Client Data or other information containing personal data of Users or third parties unless and until you have obtained all necessary consents, authorisations and permissions to do so.

Account Information and Data

The Lifestyle Housing Group does not own any of the Client Data. The Client, not The Lifestyle Housing Group, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Client Data, and The Lifestyle Housing Group shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Client Data.

In the event this Agreement is terminated (other than by reason of the Client's breach), The Lifestyle Housing Group shall advise the Client how it may retrieve the Client Data but it will be the sole responsibility of the Client to retrieve a copy of their Client Data within 30 days of termination after which time, to the extent permitted by applicable Law, The Lifestyle Housing Group may delete all such data.

The Lifestyle Housing Group reserves the right to withhold, remove and/or discard Client Data without notice for any breach by the Client without limitation. Upon termination by The Lifestyle Housing Group for any breach, the Client’s right to access or use Client Data immediately ceases, and The Lifestyle Housing Group shall have no obligation to maintain or store or forward any Client Data.

Intellectual Property Ownership

You hereby grant to The Lifestyle Housing Group a perpetual, worldwide, royalty-free, fully paid-up, non-exclusive, non-transferable (except in connection with an assignment of this Agreement) licence to copy, store, share, record, transmit, display, view, print, and use Client Data to the extent required to provide or improve The Lifestyle Housing Group and the Service and in accordance with our privacy policy.

The Lifestyle Housing Group alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the The Lifestyle Housing Group Technology, the Content, and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by the Client or any other party relating to the Service. This Agreement is not a sale and does not convey to the Client any rights of ownership in or related to the Service, the The Lifestyle Housing Group Technology or the Intellectual Property Rights owned by The Lifestyle Housing Group. The The Lifestyle Housing Group name, the The Lifestyle Housing Group logo, and the product names associated with the Service are trade marks of The Lifestyle Housing Group or third parties, and no right or licence is granted to use them.

You are only entitled to the limited use of the rights expressly granted to you in this Agreement. You will not take any action to jeopardise, limit, restrict or interfere with The Lifestyle Housing Group'sIntellectual Property Rights or do any other action or thing which otherwise has the effect of jeopardising, limiting, restricting or interfering with The Lifestyle Housing Group's ownership or use of such Intellectual Property Rights. You acknowledge and agree that any unauthorised use of the The Lifestyle Housing Group Technology and the Content is a breach of this Agreement, as well as a breach of applicable intellectual property laws. You acknowledge and understand that all title and rights in and to any third party content that may be accessed through The Lifestyle Housing Group or the Service is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties.

Training Services

Training services are available from The Lifestyle Housing Group. Their availability and cost will be at The Lifestyle Housing Group's discretion.

Refunds

The Lifestyle Housing Group offer a 7 day cooling off period for any of our purchased services from the date of purchase. However, in the event that you utse the purchased service, this will become null and void.

Termination

This Agreement commences on the Effective Date.

You understand and agree that The Lifestyle Housing Group may at any time, and without additional notice to you, terminate, modify, suspend, discontinue, or block access to some or all of the features of The Lifestyle Housing Group or the Service if:

The Lifestyle Housing Group determines that you have materially breached this Agreement (without limiting the generality of the foregoing any unauthorised use of the The Lifestyle Housing Group Technology or Service by the Client will be deemed a material and irremediable breach of this Agreement).
The Lifestyle Housing Group determines that you did not or will not reasonably comply or cooperate with any applicable Law.
The Lifestyle Housing Group is ordered by any regulator, law enforcement or other government agency to suspend or terminate the Service.
You bring any legal action or proceeding, including without limitation in any court, regulatory, or administrative body, arbitral body, or mediator, against The Lifestyle Housing Group, or participate in any class action lawsuit against The Lifestyle Housing Group.
You make any disparaging statement (whether written, oral, electronic, or otherwise) against The Lifestyle Housing Group, the Service, The Lifestyle Housing Group or The Lifestyle Housing Group's employees, contractors, agents, investors, affiliates, or other representatives.
The Lifestyle Housing Group determines that such action is necessary to protect, maintain, or improve the Service; to prevent fraud or misrepresentation by affirmative acts and/or omissions; to protect The Lifestyle Housing Group, our clients, or other third parties affiliated with The Lifestyle Housing Group; or for any other good cause.

You also understand that The Lifestyle Housing Group may terminate this Agreement without cause upon thirty (30) days’ prior written notice.

Termination Consequences

Upon any termination or suspension of your account, The Lifestyle Housing Group may immediately deactivate or delete your account and all related information and files in your account and/or restrict any further access to such files, information, or Service.

The Lifestyle Housing Group shall not be liable to you or any third party for any reason for terminating or suspending your use or access to The Lifestyle Housing Group or the Service.

The provisions of this Agreement relating to intellectual property ownership, Client representations and warranties, confidentiality, use policies and restrictions, storage of user information, publicity rights, non-disparagement, indemnification, force majeure, warranty disclaimers, limitations of liability, notices, assignment, modifications, interpretation, dispute resolution and choice of law shall survive termination or expiration of this Agreement for the maximum term allowable by Law.

Representations and Warranties

Each party represents and warrants that it has the legal power and authority to enter into this Agreement.

The Lifestyle Housing Group represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially as documented under normal use and circumstances. The sole remedy for breach of this warranty shall be correction of any Defects by The Lifestyle Housing Group within a reasonable time from notification by the Client of the Defect that constitutes such a breach, providing that such remedial work is commercially practicable, and the Client provides all the information that may be necessary to assist The Lifestyle Housing Group in resolving the Defect, including sufficient information to enable The Lifestyle Housing Group to recreate the Defect.

You represent, warrant and undertake to The Lifestyle Housing Group that: (i) the Client Data you provide or make available is accurate, current, and complete, and agree to promptly update any of the information if it changes; (ii) you have obtained all rights, licences and consents necessary to grant the licences to The Lifestyle Housing Group pursuant to this Agreement; (iii) the Client Data will not infringe the rights of any third party, including any Intellectual Property Rights, rights in confidential information or rights in privacy; (iv) you have obtained all necessary permissions and consents from any persons associated with or identifiable from the Client Data (including the Users); (v) your provision of the Client Data is made in compliance with all applicable Law and the processing and use of such Client Data by or on behalf of The Lifestyle Housing Group shall not cause The Lifestyle Housing Group to breach any applicable Law or infringe the rights of any third party.

Confidential Information

The Lifestyle Housing Group will use its reasonable commercial endeavours to keep all Client Data confidential, providing that Client Data may be disclosed to The Lifestyle Housing Group's employees, representatives, consultants, contractors or agents (who in turn will be legally bound to keep the Client Data confidential). The obligation to keep the Client Data confidential will not apply to any information that: (i) is already known to the public; or (ii) is required to be disclosed by Law, by any governmental or other regulatory authority, or by a court or other authority of competent jurisdiction, providing that The Lifestyle Housing Group will give the Client notice of the requirement to disclose of that disclosure as soon as practicable.

Indemnification

The Client shall indemnify and hold The Lifestyle Housing Group, its licensors and each such party’s parent organisations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including legal fees and costs) arising out of or in connection with: (i) a claim alleging that use or disclosure of the Client Data infringes the rights of, or has caused harm to, a third party (including the Users); (ii) a claim, which if true, would constitute a violation by the Client of their representations and warranties under this Agreement; or (iii) a claim arising from the breach by the Client or their Users of this Agreement.

In connection with a claim for indemnification pursuant to this Clause 14, The Lifestyle Housing Group shall: (a) give written notice of the claim promptly to the Client; (b) give the Client sole control of the defence and settlement of the claim (provided that the Client may not settle or defend any claim unless they unconditionally release The Lifestyle Housing Group of all liability and such settlement does not affect The Lifestyle Housing Group'sbusiness or Service); (c) provide to the Client all reasonably relevant and available information and assistance; and (d) not compromise or settle such claim, without your consent.

Disclaimer of Warranties

The Lifestyle Housing Group and its licensors do not guarantee that: (i) The Lifestyle Housing Group or the Service will operate error free or without interruption; (ii) all program defects in relation to the Services will be corrected; or (iii) The Lifestyle Housing Group or the Service will operate with any hardware, software, system or data not identified in the ordering process.

All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of satisfactory quality, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable Law by The Lifestyle Housing Group and its licensors. The Lifestyle Housing Group makes no representations or warranties that the Service is free of rightful claims of any third party for infringement or misappropriation of intellectual property or other proprietary rights. The entire risk associated with the use of the Service shall be borne solely by you.

In addition, The Lifestyle Housing Group makes no representation nor does it warrant, endorse, guarantee, or assume responsibility for any Third Party Services (or the content thereof).

Although every effort is made to ensure that data transmissions of Client Data are secure, The Lifestyle Housing Group makes no guarantees of security.

Internet Delays

The Lifestyle Housing Group'sService may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. The Lifestyle Housing Group is not responsible for any delays, delivery failures, or other damage resulting from such problems.

Force Majeure

In this Agreement, “force majeure” shall mean any cause preventing The Lifestyle Housing Group from performing any or all of The Lifestyle Housing Group'sobligations which arise from or are attributable to acts, events, omissions or accidents beyond The Lifestyle Housing Group'sreasonable control including without limitation strikes, lock-outs or other industrial disputes, acts of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, interruption or failure of utility service, including but not limited to electric power, gas or water or default of suppliers or sub-contractors. The Lifestyle Housing Group shall not be in breach of this Agreement if it is subject to a force majeure event, provided that it uses reasonable endeavours to notify you in writing of the nature and extent of the force majeure event causing The Lifestyle Housing Group'sfailure or delay in performance. If the force majeure event prevails for a continuous period of more than 2 months, the Client may terminate this Agreement by giving 14 days’ written notice to The Lifestyle Housing Group. On the expiry of this notice period, this Agreement will terminate. Such termination shall be without prejudice to The Lifestyle Housing Group'srights in respect of any breach of this agreement occurring prior to such termination.

Limitation of Liability

Nothing in this Agreement will exclude or limit The Lifestyle Housing Group's liability for: (i) death or personal injury caused by The Lifestyle Housing Group's negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability which may not be excluded or limited under Applicable Law.

The Lifestyle Housing Group shall not be liable for any damages or losses as a result of a force majeure event, or from your or your Users’ use of a Third Party Service.

To the fullest extent permitted by Law, in no event shall The Lifestyle Housing Group or its affiliates be liable to you or any third party for indirect, incidental, consequential, or punitive damages of any kind whether arising under contract, warranty, tort (including negligence or strict liability), or any other theory of liability, even if The Lifestyle Housing Group has been informed in advance of such damages or such damages could have been reasonably foreseen by The Lifestyle Housing Group.

Without limiting the foregoing, The Lifestyle Housing Group shall not be liable for any of the following losses (whether direct, indirect, incidental or consequential): (i) any loss of profits or other economic advantage; (ii) any loss of data; (iii) any loss of goodwill; and/or (iv) any loss of anticipated savings, arising in respect of any representation, statement, act or omission in connection with this Agreement, whether the claim arises under contract, tort, misrepresentation or breach of statutory duty.

Subject to paragraph 1 of this clause, in no event shall The Lifestyle Housing Group's aggregate liability exceed the sum of £10,000 in total. In recognition of the free nature of the Service, you acknowledge and agree that such allocation of liability between us is reasonable, appropriate and fair in the circumstances.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply in any and all circumstances.

Notice

The Lifestyle Housing Group may give notice by means of electronic mail to the Client's e-mail address on record in The Lifestyle Housing Group's account information. Such notice shall be deemed to have been given upon the expiration 12 hours after sending the email.

Modification to Terms

The Lifestyle Housing Group reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time. Such modified terms and conditions will be issued or made available to the Client electronically via email or the Website and shall be deemed effective 12 hours after electronic delivery or notification. Continued use of the Service after any such changes shall constitute the Client’s consent to such changes.

Assignment; Change in Control

This Agreement may not be assigned by the Client without the prior written approval of The Lifestyle Housing Group but may be assigned without the Client's consent by The Lifestyle Housing Group to: (i) a parent or subsidiary; (ii) an acquirer of assets; or (iii) a successor by merger.

Any purported assignment in violation of this section shall be void.

Any actual or proposed change in control of the Client that results or would result in a direct competitor of The Lifestyle Housing Group directly or indirectly owning or controlling 50% or more of the Client shall entitle The Lifestyle Housing Group to terminate this Agreement for cause immediately upon written notice.

General

This Agreement shall be governed by and construed in accordance with the laws of England and Wales and the parties agree that any dispute relating to its terms or subject matter shall be subject to the exclusive jurisdiction of the English courts.

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.

No joint venture, partnership, employment, or agency relationship exists between the Client and The Lifestyle Housing Group as a result of this Agreement or use of the Service.

The failure of The Lifestyle Housing Group to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by The Lifestyle Housing Group in signed writing authorised by a director of The Lifestyle Housing Group.

This Agreement together with The Lifestyle Housing Group's privacy policy and any copyright notices on the Website comprises the entire agreement between the Client and The Lifestyle Housing Group in relation to the Service and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

Third parties

For the purposes of the Contracts (Rights of Third Parties) Act 1999 this Agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.

Acceptance of Agreement

By ticking the acceptance field during the registration process, you confirm acceptance of this End User Licence Agreement, which shall constitute a binding contract between The Lifestyle Housing Group and the Client, subject to the ability of The Lifestyle Housing Group within 21 days to reject the Client.

Contacting The Lifestyle Housing Group

Please also feel free to contact us if you have any questions about The Lifestyle Housing Group'sTerms of Use. You may contact us at info@The Lifestyle Housing Group.co.uk or at our mailing address **********************************.