(1) Introduction

This website (the “Site”) is provided by ResidentsHQ Ltd (“ResidentsHQ”, “we”, “our” or “us”). The Site provides social networking services (the “Service”) that allow participating residents (owner and tenants, collectively “Residents”) in selected residential developments (“Developments”) to interact with other participating Residents in their Development (eg via a forum or through clubs and events).

By accessing or using our Site or the Service you (the "User") signify that you have read, understand and agree to be bound by these Terms and Conditions ("Terms of Conditions”) and our Privacy Policy, whether or not you are a registered member (“Member”) of ResidentsHQ.

ResidentsHQ is an independent company, and unless a Development is identified as a Partner Development (“Partner Development”), the Service is not sponsored by, supported by or linked to a Development’s owner(s) or management in any way.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions at any time without further notice. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms and Conditions. A note at the top of this Terms and Conditions page will be provided if there is any change in the Terms and Conditions. If you do not agree to abide by these or any future Terms and Conditions, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms and Conditions and to review such changes.

(2) The Service

a. Eligibility to use the service
Membership in the Service is void where prohibited. In order to become a Member of the ResidentsHQ Site and the Service for a selected Development, you must be a Resident at that Development and you must be eighteen (18) years of age or older. The list of Developments for which the ResidentsHQ Service is available can be found on the Developments section of the ResidentsHQ homepage.

b. Registration, account and personal information
If you’re eligible to access the ResidentsHQ Service for a selected Development, you will need a passcode to register and become a Member. Passcodes can be requested from the Site log-in page of your Development - this can be found by going to the Developments section from the ResidentsHQ homepage. A passcode will be sent to your postal address (which must be a valid address at the Development for which you’re seeking to join the ResidentsHQ Service). This passcode will allow you to register and become a Member of the ResidentsHQ Service for the Development at which you’re a Resident – to do this you must provide your real name, e-mail address (which will become your user name) and a password. Once your username and password have been accepted, and your account registered, you can log-in to your developments ResidentsHQ Service and will no longer need the passcode.

With regards to your account details you agree to (a) provide accurate, current and complete information about you as you may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

We stress that you are responsible for maintaining the confidentiality of your password and account, and are fully responsible for any activities that occur under your password or account, with or without your knowledge. We are not liable for any loss or damage arising from your failure to comply with this.

Please also note that we may, but are not obligated to, use the information you provide to verify that you are actually a Resident of your selected Development, and that we may forward this information to any management associated with your Development.

You are provided with the option to add profile information such as your occupation, status and interests. You may update, add, or delete this profile information via the “Profile” page. All of this information will also be subject to the terms of our Privacy Policy.

Your profile may not include any of the following content: telephone numbers, addresses, defamatory, racist, offensive or abusive material or material of an obscene or menacing character, any photographs containing nudity, profanity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter.

Despite this prohibition, it is possible that information provided by other ResidentsHQ Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services in violation of these Terms and Conditions. ResidentsHQ do not assume any responsibility or liability for this material. We encourage you, however, to help us report any misuse, by contacting us by using the “report misuse” link at the bottom of each page.

c. User content posted on the site
You are solely responsible for the profiles (including your name, image, and likeness), messages, text, listings, and other content that you upload, publish or display (hereinafter, “post”) on or through the Service or the Site, or transmit to or share with other users (collectively the “User Content”). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that we may, but are not obligated to, review the Site and may delete or remove (without notice) any User Content in its sole discretion, for any reason. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to us.

When you post User Content to the Site, you authorise and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you also grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-licence such rights.

d. Forums and e-mails
The Service allows Members to interact with each other via forums and internal e-mails (collectively, “Messages”). For all Messages, the full name of the Member will be displayed with that message.

Once you make any information public via the Site, we have no control over how other people use that information. Anyone could view the information that you have made public and use or distribute it in any manner. In addition, please note that there is always a risk of dealing with people acting under false pretence. Although we reserve the right to verify your information, we do not assume any obligation to do so. We do not guarantee that each person who claims to be a Resident of your Development is actually a true Resident of your Development.

We are not obligated to pre-screen or monitor any Messages, but do reserve the right to do so, and to remove any Message from the Site at our discretion. We may also forward offensive or unlawful content to law enforcement authorities or to your Development’s management or owners.

Any Message that you send to other Residents using this service will be from you and you are responsible for all the contents of it. You agree to use the service to send Messages only to Residents who you believe would like to receive them. You also agree that you will not use the service to:

  • send content that is racist, sexist, homophobic or any other material we consider inflammatory, objectionable or unlawful;
  • infringe copyright or other intellectual property rights;
  • abuse the legal rights of third parties;
  • violate any applicable laws, codes or regulations; or
  • create a false identity with the intention of misleading others.

We are under no obligation to monitor Messages and are not liable in any way for the content of Messages sent using this service. We, however, reserve the right to review, remove and edit any Message at its sole discretion. ResidentsHQ may disclose any information that it deems necessary to satisfy any applicable law, regulation, code, legal process or governmental request.

e. Reviews
The Site contains a Review section that will allow you to rate, review, and recommend restaurants and other businesses in your area. The information on these pages is submitted by Members. You agree that any information you provide on these sections will be true and accurate, and that you shall not defame, slander or libel any person or establishment.

ResidentsHQ does not guarantee the accuracy, integrity or quality of any content submitted by Members. In addition, your interactions with businesses found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and those businesses. In no event shall ResidentsHQ be liable for any damages arising out of any interaction between you and such parties.

f. Marketplace
Each Developments’ ResidentsHQ Site contains a Marketplace where Members can offer goods and services to one another, or post wanted ads. The Marketplace is an exchange of information, ResidentsHQ is not involved in the actual transactions between buyers and sellers. We have no control over the quality, safety or legality of the items or services advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchase of items they commit to buy. In addition, note that there are risks of dealing with people acting under false pretence. We do not confirm that each person who claims to be a Resident of your Development is actually who he or she claims to be.

You may not list or sell any item in the Marketplace or otherwise through our Service which: (a) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) otherwise causes a legally-recognised harm (such as a product that contains a defamatory statement); or (c) is illegal under, or your sale of which to the buyer would violate, any applicable law, statute, or regulation.

g. Clubs and events
Each Developments’ ResidentsHQ Site contains a Clubs and Events section where any Members can organise a club or event, and invite other Members in their Development. The Site provides the tool to allow clubs and events to be set-up, but we do not have any control over the quality, safety or legality of the clubs and events that are organised. We do not control whether the Member organising the club or event will undertake the club or event they have committed to organise. In addition, note that there are risks of dealing with people acting under false pretence. We do not confirm that each person who claims to be a Resident of your Development is definitely who he or she claims to be. We are not liable for any loss, injury or damage arising from your organisation or participation in, a club or event.

h. E-mails from ResidentsHQ
As part of the Service, we reserve the right to communicate with you via e-mail including welcome e-mails and e-mail bulletins encouraging Members to log in to the Site or take advantage of various features or offers. You may opt out of these e-mails by e-mailing us on helpdesk@residentshq.com.

i. Your use of the service
Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time. In our sole discretion we may alter, suspend or discontinue any aspect of the Service at any time. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.

You may only use the Service for lawful purposes. In particular you may not use the Service to transmit defamatory, racist, offensive or abusive material or material of an obscene or menacing character, or in breach of copyright or any other intellectual property rights, or in contravention of the Computer Misuse Act 1990.

The Service is not designed and may not be used for commercial use.

You are solely responsible for your interactions with other ResidentsHQ Members. We reserve the right, but have no obligation, to monitor disputes between you and other users.

j. Service availability
We may have to suspend the Service at any time without being able to give you prior notice of this. We will make reasonable endeavours to restart the Service as soon as possible in such circumstances. While we will endeavour to minimise the inconvenience caused to you, we are not however responsible for any loss (financial or otherwise) that you may suffer as a result.

k. Terminating the service
We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Terms and Conditions. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of your access to all or part of the Service at our sole discretion, and you may be referred to appropriate law enforcement agencies. Once registered, subject to the above, you may use the Service for as long as you wish.

If you wish to unsubscribe from ResidentsHQ you can delete your profile by going to your profile page. At the bottom of the page is a link entitled “Delete Your Profile” which, if clicked, will begin the process.

Once your profile is deleted, it will show up throughout our website with a line through it, for example: “Deleted Member”. You will still be able to log in to your account, however people will not be able to send you messages, and you will not be able to edit your profile.

You are no longer eligible to use this Service if you move out of your Development.

l. Prohibited conduct
You agree not to use the Service or the Site to:

  • republish material from this website (including republication on another website);
  • sell, rent or otherwise sub-license material on the website;
  • reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
  • redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter and announcements) - where content is specifically made available for redistribution, it may only be redistributed to other Members;
  • use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
  • use automated scripts to collect information from or otherwise interact with the Service or the Site;
  • upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
  • register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
  • attempt or help anyone else attempt to gain unauthorised access to the ResidentsHQ Service;
  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
  • upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • intimidate or harass another;
  • upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, national or international law;
  • use the Site to violate the intellectual property rights of any person
  • create Internet “links” to the Site or “frame” or “mirror” any Content on any other server or wireless or Internet-based device; or
  • reverse engineer or access the Service in order to (a) build a product competitive with the Service, (b) build a product using ideas, features, functions or graphics similar to those of the Service, or (c) copy any ideas, features, functions or graphics contained in the Service.

(3) Limitation of our Liability, Warranties and Indemnity

We accept no liability in contract, tort or otherwise including but not limited to negligence for inability to gain access to the Service as a result of routine or emergency maintenance on the system or excessive demand for the Service. You acknowledge that we are not responsible for suspension of the Service, regardless of the cause of the interruption or suspension. We may discontinue or change the Service or its availability to you at any time, and you may stop using the Service at any time.

We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. Where permitted by law, you acknowledge that the Service is provided without any warranties of any kind either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Service is at your own risk. We do not represent or endorse the accuracy or reliability of any member profile, advice, opinion, statement or other information displayed, uploaded or distributed through the Service by us, our partners (if any) or any user of the Service or any other person or entity. You acknowledge that any reliance upon any such opinion, member profile, advice, statement or information shall be at your sole risk.

You agree to indemnify us, our directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Service, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defence of any claim.

We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you provided, however, that you shall remain liable for any such claim.
In no event will ResidentsHQ Ltd or its directors, employees or agents be liable to you or any third person for any direct, consequential, exemplary, incidental, special or punitive damages, including for any lost profits, revenue, income, business, data or personal injury arising from your use of the site or the service or any of the site content or other material on, accessed through or downloaded from the site, even if we are aware of it or if it has been advised of the possibility of such damage.

(4) Data Protection

Our use of your information is subject to the terms of our Privacy Policy. You must agree to the Privacy Policy before you may access the Site. We may use records of your use of the Service to aid with fraud detection.

Certain details and information provided by you will be monitored from time to time and certain data such as messages sent by you will be retained by us for up to 12 months in accordance with the Anti-Terrorism Crime and Security Act and may be disclosed to the police and Law Enforcement Agencies for the purpose of fraud detection, crime prevention and national security.

We may provide you with information by post or email about other products and services which we consider may be of interest to you, unless you contact us on helpdesk@residentshq.com.

You agree for us to put on the site the notes you write about yourself. You understand that this information may be viewed by any or all Members of the site. We will not publish any direct contact details, except where you specifically confirm that you wish such information to be published.

(5) Your Conduct and Responsibilities - Code of Conduct

Please remember the Service is intended for use by people who value good manners. Please respect others in your choice of words and thoughts. You are solely responsible for the content of the messages and postings you publish.
By using ResidentsHQ, you are agreeing to permit us to republish your comments in whole or in part for as long as there is no breach of privacy. We do not actively monitor Messages and are not responsible for any conversations that take place within the Service. While we do not review every message or posting, and are not responsible for the content of these messages, we reserve the right to delete, move, or edit messages that we determine violate the following guidelines.

You are not allowed to distribute, upload or publish anything that is defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute incitement to commit a crime; further, material must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing.

We do not accept any responsibility for arrangements made between the parties concerned and cannot act as an intermediary. You agree not to send unsolicited bulk mail.

(6) Governing Law

This policy and consent forms part of our website terms and conditions and as such it shall be governed by and construed in accordance with the laws of England and Wales. You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to resolve any dispute or claim of whatever nature arising out of or relating to this policy and consent or otherwise to the use of your personal data, and that the laws of England and Wales shall govern such dispute or claim. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of our intellectual property rights or breach of those terms is taking place or originating. You are responsible for compliance with any applicable laws and regulations of the jurisdiction from which you are accessing this website. We operate this website from England and make no representation or warranty that the information contained herein is appropriate or available for use in other locations outside England and Wales.

(7) General

a. Monitoring of Information
We reserve the right to monitor all postings and messages to ensure that they conform to the content guidelines which may be applicable from time to time.

b. Removal of Information
While we do not review every message or other material posted or sent by Members of the Service, and are not responsible for any content of these Messages or materials, we reserve the right, but are not obligated, to delete, move, or edit Messages or materials, including without limitation profiles, postings and messages, that we, in our sole discretion, deem to violate the Code of Conduct set out above or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, postings, messages and other materials you may upload to the service or users of the service.
You use the Service entirely at your own risk and you should remember when using the Site that some people may fabricate information about themselves and may not be who they say they are.

c. Provision of Direct Contact Details
The Service is set up so your personal contact details are not revealed to any other Members who may be contacting you via the website. We advise you not to include personal details in your personal notes or messages you write and we reserve the right to remove any messages that do contain such information, although we will not be obliged to do so.

d. ResidentsHQ Property
ResidentsHQ shall own and retain all right, title and interest in and to the Service, the Site, and any technology or content contained in or made available through the Service (other than your own name and contact information), and shall also own any suggestions, ideas, enhancement requests, feedback, recommendations or other information that you may provide relating to the ResidentsHQ Service.

e. Your Data
You, not ResdientsHQ, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of any information you submit via the Site, and ResidentsHQ shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any such information. We reserve the right to withhold access to, remove and/or discard your information from the Site or terminate your account without notice for any breach of these Terms and Conditions, upon any breach or termination of any contract ResidentsHQ may have with your Development’s owners or management, or in the event that you cease to reside at the Development for which you’re a Member. In the event that your account is terminated, your ability to access or use data through the Service shall immediately cease, and ResidentsHQ shall have no obligation to maintain or forward any data that you have submitted.

f. Third Party Offers
As part of the Service, we may provide you with information regarding goods or services offered by various third parties (including without limitation paid advertisers or sponsors of the ResidentsHQ Service). Similarly, your fellow Residents may offer goods or services via the Marketplace section of your Network. In no event shall ResidentsHQ be liable for any damages arising out of any interaction between you and such parties.

(8) Our contact details

If you have any queries with these Terms and Conditions, please contact us on: info@residentshq.com.