Treehaus Terms & Conditions (Terms)
This website is controlled and operated by Treehaus Technology Limited (Treehaus). Treehaus is a limited liability company registered in England and Wales, with company number 12435868. Our registered office address is: The Hop Exchange, 24 Southwark Street, London, SE1 1TY. You can contact us at this registered office or by email at [email protected] if you have any questions.
By using this website, you agree, that these terms are governed by and construed in accordance with English law and that the English courts will have exclusive jurisdiction in the case of any dispute. Our website is directed to people residing in the United Kingdom. We do not represent that content available on or through our website is appropriate for use or available in other locations.
Our website is made available free of charge. We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. This website intended for the use of individuals only. If you are a business user, we direct you to clauses 3.4, 5.5. and 5.6 in which we disclaim all liability to you.
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
If you don’t wish to be bound by these terms and conditions then you must not use this website. In these terms a reference to “you” or “users” is a reference to the person or entity who uses Treehaus’ platform.
1. REGISTERED USER
1.1 In order to gain full access to use the website, you must create a profile and register as a user (Registered User), to do this you must be over 18 years of age. You may only register one profile per person on the website. You must promptly update us with any changes to your account details.
1.2 You may need a password to be a Registered User. You choose your own password, which must be used with your email address when logging on to the Website. You must not and it is your responsibility to ensure that you do not transfer or give your password to anyone else. You agree that any person to whom your username or password is disclosed is authorised to act as your agent for the purpose of transacting for any services via this website, and you will be responsible for any and all activity conducted using your password. You shall take reasonable steps to prevent unauthorised access to your account via any computer or other device that you use to access your account. If you become aware that the password is or may have been compromised, you are obligated to inform us as soon as practicable. We can and will change the password if there is a risk that the password has been compromised or is used in violation of the Terms.
1.3 You may also choose a username. The username (and / or your first name) will be shown on the website, whenever you write or comment on reviews or place Registered User Content (defined in paragraph 2 below) on the website. You should ensure that your username and first name does not identify you uniquely. The username must not (i) be offensive or insulting, (ii) contain the terms "Guest", "Admin", ".dk", ".com", etc. or (iii) contain characteristics which belong to a third party to which you do not own all title and rights. You warrant that your username does not infringe on any rights (including any intellectual property rights) belonging to a third party. If you have uploaded a profile photo, the restrictions and warranties set out in this clause apply to your profile photo.
1.4 We are entitled at any time, without notice and without prejudice, to delete, suspend or change your profile in the event of your violation or suspected violation of these terms or applicable law. After we delete your profile, you will no longer have access to services on the website which require your registration and/or login as a Registered User. We reserve the right to delete any Registered User Content you have written on the website.
1.5 We have the right to disable any account or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
1.6 You are not permitted to gain access or attempt to gain access to the parts of the website requiring user registration if you are not a Registered User.
1.7 When you create a profile you may be given the opportunity to receive marketing emails from us, our group companies or third parties. You can manage your email subscription preferences via our websites or unsubscribe from emails at any time. From time to time, we may need to send you service emails relating to your accounts, and we reserve the right to do so.
2. REGISTERED USER CONTENT STANDARDS
2.1 To the fullest extent permitted by law, the rights (including all intellectual property rights) in any material, information, notifications, reviews, articles or other types of communication (Registered User Content) created on the website by Registered Users is licensed to Treehaus for its non-exclusive use. The Registered User is not entitled to royalty payments, or any other compensation or fee related to such Registered User Content. Treehaus may freely use and transfer the Registered User Content. Our non-exclusive access to freely use the Registered User Content applies irrevocably without any time limitation and without territorial limitations. If we determine, at our sole discretion, that the Registered User Content is not appropriate you agree that we may refuse to publish, remove or ask a third party to remove any such content.
2.2 You agree that you will not use Treehaus’ website (or other websites to which the same information is syndicated) to distribute unsuitable content. Specifically, Registered Users must not publish Registered User Content on the website which :
2.2.1 contains anything defamatory, obscene, offensive, hateful, threatening, or inflammatory;
2.2.2 contains or promotes sexually explicit material or violence;
2.2.3 is to be used for deception, or to mislead as to your identity or affiliations;
2.2.4 promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
2.2.5 infringes anyone else’s copyright, trademark, or other intellectual property rights;
2.2.6 promotes or suggests anything unlawful, including copyright infringement or computer misuse;
2.2.7 is made in breach of any legal duty, including a contractual duty or duty of confidence;
2.2.8 promotes any illegal activity;
2.2.9 invades another’s privacy, or is likely to harass, upset, embarrass, alarm, or annoy another person;
2.2.10 gives the impression that it come from us or any other third party when it does not;
2.2.11 is of a marketing nature or for marketing purposes;
2.2.12 creates dummy or “ghost” content;
2.2.13 includes: any content in reviews or advertisments if they do not have the permission of the owner or any other relevant person who may have rights in or connected to such content (including any individuals who appear in any images that are uploaded); i f including this content would be a breach of applicable data protection or privacy legislation; or if using this content would infringe the intellectual property rights of another party;
2.2.15 contains hyperlinks, phone numbers, names or other personal details or promotional material;
2.2.16 is offensive or in any way breaches any applicable local, national or international law or regulation;
2.2.16 violates these terms, including the User Guidelines:
2.2.17 has a disloyal or unlawful purpose and/or content (or promotes unlawful purposes); and
2.2.18 is technically harmful (including without limitation computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct).
2.3 Registered Users are liable for the Registered User Content they publish on the website and warrant that all Registered User Content posted on the website is accurate and reliable including all personal information, contact details and any information which you might supply on blogs or community pages on the website (where they state facts) or genuinely held (where they state opinions), is lawful and in compliance with the terms.
2.4 You agree that: You will not do anything to interfere with other users’ access to the website; you will not impersonate others or create false accounts or contents on the website; you will not harvest information from the website or from other users of the website; and you will not attempt to send unsolicited information to other users.
2.5 We reserve the right to edit or remove any relevant sections of the content which we think does not comply. If we receive notice or otherwise become aware that Registered User Content violates current legislation and/or the terms, we may delete the Registered User Content without any notice, and we - dependent on the character of the violation - may inform the violated party and/or the authorities of the violation. Our right to delete will not be conditioned on an explanation, although we may inform the Registered User about the deletion and the reason thereof. You agree that any decision we make in connection with such removal is final and we accept no liability to users in respect of any such decision.
2.6 You agree to indemnify , defend and hold Treehaus and our affiliated companies, shareholders, officers, directors, employees, agents or suppliers harmless for any loss including consequential loss, claims, actions or proceedings that may be brought against Treehaus by a third party or you as a result of a breach by you of this paragraph 2 or a violation of the terms, User Guidelines or current legislation and as a result of content you have included in a review and agree that you will be liable for any legal or enforcement costs reasonably incurred by Treehaus in relation to such a breach including if we are required to take action against you.
2.7 The Registered User hereby grants us the right to initiate and take any legal actions which we deem necessary in case of infringement of the Registered User’s content and we may at any time request information about the Registered User Content from the Registered User, including documentation supporting the information included in Registered User Content. The Registered User must e.g. document that the Registered User Content is based on an actual experience in an actual property to which the Registered User Content relates.
3. NO DATA OR TEXT MINING, OR WEB SCRAPING
3.1 You will not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our website or any services provided via, or in relation to, our website. This includes using (or permitting, authorising or attempting the use of):
3.1.1 Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology (including without limitation any any web-crawling or screen-scraping software or any equivalent technology or techniques) to access, obtain, copy, monitor or republish any portion of the website or any data, content, information or services accessed via the same for the purpose of collecting, obtaining and/or accumulating (or other similar activity) data or content in this Website ; and
3.1.2 Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
3.2 The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
3.3 This clause will not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
3.4 This website, its content and any services provided in relation to the same, are only targeted to, and intended for use by, individuals located in the countries within the United Kingdom (each, a Permitted Territory). By continuing to access, view or make use of this website and any related content and services, you hereby warrant and represent to us that you are located in a Permitted Territory. If you are not located in a Permitted Territory, you must immediately discontinue use of this website and any related content and services.
4. DO NOT RELY ON INFORMATION ON THIS WEBSITE
4.1 The content on our website is provided for general information only. It is not intended to amount to advice on which any user of the website should rely. Any pricing data shown on this website is estimated and cannot be relied on. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website.
4.2 Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up to date.
5. DISCLAIMER AND INDEMNIFICATION
5.1 The website, content and services offered on the website are provided ‘as is’. We make no warranties with respect to the content or accuracy of the Registered User Content or the website and will not be held liable for our own or others’ deletion or blockage of the Registered User Content. We expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
5.2 We will not examine or monitor Registered User Content which is published on the website. We may however investigate and edit) Registered User Content, at our sole discretion e.g. if such actions are (i) prompted by third party requests, (ii) required under applicable law or (iii) necessary for the Registered User Content’s compliance with our User Guidelines.
5.3 We are not liable for the content of Registered User Content, including Registered User Content which has been edited by us. We are not liable for any links to third party websites in the Registered User Content, including the content of the page to which the Registered User Content links.
5.4 Recommendations, reviews, comments, etc. of specific landlords, properties or companies etc. on the website are only guidelines given by Registered Users. We are in not liable for the content of the website. The use of Treehaus in any respect is the sole responsibility of the Registered Users. We are not liable for the availability of the website.
5.5 To the fullest extent permissible by applicable laws we are in not liable for damages for the use of the website or for indirect losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these terms by us that would entitle you to terminate the contract between us, including but not limited to: , including (i) loss of profits, contracts, turnover, business, business opportunity, loss or corruption of data or recovery of data, goodwill, security breach resulting from a failure of third party telecommunications and/or the internet, anticipated savings or revenue (regardless of whether any of these are direct, indirect or consequential) (ii) any loss or damage arising in connection with liabilities to third parties (whether direct, indirect or consequential) or (iii) any indirect or consequential loss or damage whatsoever (iv) loss of data or (v) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. We will not be responsible for any losses you suffer as a result of us breaching these terms that were not reasonably foreseeable to both you and us when you commenced using the website
5.6 If you are a consumer user, please note that we only provide our site for domestic and private use only. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
5.7 We accept no responsibility and make no representations, guarantees, or warranties that the website will operate continuously, without interruptions or be fault-free. We may need to make the website unavailable with or without notice to carry out maintenance or upgrade work. We accept no liability for any interruption or loss of service.
5.8 Any value estimates provided on our websites are intended for general interest and information purposes only and should not be relied upon for any commercial transaction or similar use. These estimates are based on publicly available information or information which may be provided by other Registered Users which may be inaccurate or incomplete. They should only be used as a general estimate. Such information is not intended to be a substitute for independent professional advice and you are recommended to seek advice from suitably qualified professionals such as surveyors and solicitors if relevant to your particular circumstances. We will not be liable for any losses suffered as a result of you or other third parties relying on value estimates shown on our website.
5.9 Property descriptions and other information provided on our website are intended for information and marketing purposes only and, we will not in any circumstances accept responsibility for their accuracy. The property details on our website do not constitute property particulars. It is the responsibility of prospective buyers/tenants to satisfy themselves as to the accuracy of any property descriptions displayed and the responsibility of Registered Users to ensure the accuracy and integrity of property descriptions provided on our website.
5.10 Nothing in the terms excludes or limits our liability for death or personal injury arising from negligence, nor liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law. The terms in this section apply only to the extent allowed by law and do not affect your statutory rights as a consumer.
6. RULES ABOUT LINKING TO OUR WEBSITE AND WEBSITES WE LINK TO
6.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. Links to our site may only be placed on reputable websites, with relevant anchor text in the hyperlink. We reserve the right to withdraw linking permission without notice.
6.2 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 website in any website that is not owned by you. Our website must not be framed on any other website, nor may you create a link to any part of our website other than the home page.
6.3 Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those websites or resources.
7. INTELLECTUAL PROPERTY
7.1 Treehaus is the owner or the licensee of all the copyright an all other intellectual property rights in this website and the material on it (including all text, trademarks, data, graphics, layout, logos, images, music or other audio material, clips, films or other moving images, algorithms, product details and/or software published or otherwise available on the website from time to time , any database operated by us, any proprietary software utilised by us to enable you to use this website and the underlying source code ). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
7.3 Except as set out in the limited licence above (or as required under any applicable law), you are expressly prohibited from storing any part of the website or the material on it, no part of this website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, distributed or otherwise exploited, in full or in part, for any purpose without our prior written consent. In particular, you are not permitted to republish any part of this website on another website, in any other medium (print, electronic or otherwise) or as part of any commercial service without our prior written permission. All the intellectual property rights referred to above remain owned by Treehaus or its licensors. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
7.5 Trademark No. UK00003719968 is a UK registered trademark of Treehaus Technology Limited. You are not permitted to use it without our written consent.
8. RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD
8.1 When you upload or post content to our website, you grant us the following rights to use that content:
8.1.1 a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote the website or the service; and
8.1.2 a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content for their purposes.
9. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
9.1 We do not guarantee that our website will be secure or free from bugs or viruses.
9.2 You are responsible for configuring your information technology, computer programmes and platform to access our website. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the website and is compatible with the website. Please be aware that we cannot and do not guarantee or warrant that any material available for downloading from the website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output. You should use your own virus protection software.
9.3 You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
10. USER-GENERATED CONTENT IS NOT APPROVED BY US
10.1 This website may include information and materials uploaded by other users of the website, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our website do not represent our views or values.
11. RISK AND INFORMATION QUALITY
11.1 Treehaus does not provide any guarantee in regard to the honesty or the accuracy of the information supplied on this website by it or its users or in any content placed by its users. It merely provides a platform for Registered Users.
11.2 You agree that you are responsible for satisfying yourself of the accuracy of any information that they read on this website and that they supply to Treehaus.
11.3 You must do your own due diligence on any individuals which they are corresponding with either through this website or as a result of an introduction through this website before entering into any contract or agreement or making or accepting payments directly to or from them. You acknowledge and understand that Treehaus specifically advises you that it does not do any due diligence on such people and that this is solely their responsibility.
11.4 Information supplied on this website, our blog, the FAQ section, our messaging facility on our website and social media accounts (which may be provided by third parties which are not affiliated or authorised by us) is supplied for information purposes only and does not constitute legal advice.
11.5 You agree that you place no reliance on the content on this website in relation to the legal or tax implications or otherwise or any listing or transaction made through our website or platform and that you will obtain your own independent legal and financial advice in relation to the use of and transacting with third parties on and through this website.
11.6 You agree that we have no control over, nor accept any responsibility or liability for, any problems that arise from properties or tenancy arrangements that are supplied by users of our website or other third parties.
12. FAIR USE POLICY
12.1 You agree and authorise us to amend or remove any Registered User Content which we deem in our sole discretion to be in breach of these Terms or misusing this website or Treehaus’ platform in order to protect users of our website without compensation to you. Such a breach might include spamming, deliberately underpricing and retaining other Registered User’s details and misrepresenting the condition or location of a property.
12.2 We reserve the right to limit or set parameters on fair use by you of our website, we may in our sole discretion remove or limit Registered Users Content for any reason without compensation to you including but not limited to where we believe the content is receiving a higher than usual amount of interest, where 1 month has elapsed from the time of publishing the content or to reduce ours or other users potential liability.
12.3 Images and content are credited to estate agents / lettings agents / photographers where this is known and is used in line with fair use copyright provisions , unless, for reasons of practicality or otherwise this is not possible
12.4 You agree not to hold Treehaus responsible for any loss you may incur as a result of Treehaus taking any of the actions described in this paragraph.
13. CUSTOMER SERVICE AND COMPLAINTS
13.1 Treehaus provides customer service to you by way of email. You agree that any queries you have regarding our services or the use of our website are to be made to us directly via our contact form. We will endeavour to respond to these as quickly as possible but you agree that we are not liable for any loss to them which is a result of us not replying in that time frame.
13.2 Telephone calls made to Treehaus may be recorded for training and monitoring purposes.
13.3 If you are not satisfied with the way in which our customer services team deal with their query, they may make a complaint by emailing us and using the word “Complaint” in the subject line. We will deal with the complaint in the manner which is set out in our Complaint Procedure. A supervisor will then investigate how you have been dealt with by our customer service team.
14. OUR SERVICES
14.1 We warrant to you that any services purchased from us through the website are of satisfactory quality and reasonably fit for all the purposes for which products of that kind are commonly supplied. To the fullest extent permissible under applicable law, we disclaim any and all other warranties of any kind, whether express or implied, in relation to the products. This does not affect your legal rights as a consumer.
14.2 To the extent allowed by law, where any claim relates to the supply of services by us to you, our liability for losses you suffer is limited to the purchase price of the services you purchased.
15. THIRD-PARTY SERVICES
15.1 This website may contain links to third party products, services and/or websites that are not affiliated with us . These third parties are not controlled by us, and we have no control over the advertising, products, services or websites of these third parties. You acknowledge and agree that Treehaus is therefore not responsible for, has no control over and does not accept liability for the actions, accuracy or advice of these third parties. This website may also contain advertising from third parties and we are not responsible for any misleading or inaccurate advertisements which are the sole responsibility of the advertiser. Any links or advertisements on this website should not be taken as an endorsement by us of any kind. You also acknowledge and agree that Treehaus will be required to provide such third parties with their personal data to enable those parties to provide services to you and you indemnify Treehaus in relation to the way in which these third parties deal with their personal data.
15.2 We accept no liability for any losses that may arise as a result of a service not being delivered by a third party or in relation to the standard of the services provided by a third party or in relation to data provided by third parties and we accept no responsibility for any inaccuracies in this material. You agree to release us from claims or disputes of any kind arising from or in any way connected to such disputes with third parties.
16. TREATMENT OF PERSONAL DATA
16.1 Treehaus is the controller of the personal data provided to it by its users (The Personal Data). To provide the services, Treehaus may be required from time to time to transfer The Personal Data to you.
16.2 If we do transfer The Personal Data to you, you agree that you will become the controller of The Personal Data and you hereby agree to observe and perform your compliance obligations as a controller as defined in in relevant data protection laws including by not limited to the Data Protection Act 2018 (Data Act) including ensuring that you process The Personal Data only where you have a lawful basis to do so; and that you accept your compliance obligations in full as a controller under the Data Act.