This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of our services listed on our website to you. Please read these Terms and Conditions carefully. You should understand that by ordering any services or otherwise using our website you agree to be bound by these Terms and Conditions.
These Terms and Conditions also apply in relation to other mediums we may use to offer our services including telephone, facsimile and post. You should print a copy of these Terms and Conditions for future reference.
Please understand that if you refuse to accept these Terms and Conditions, you will not be able to order any services nor otherwise use our website and will not be able to register your details with us. By accepting these Terms and Conditions you warrant that you are legally capable of entering into a binding contract and are at least 18 years old.
For ease of reference, certain words used throughout these Terms and Conditions are given a specific meaning. These meanings are set out below:
1.1 'mystatic' means My-Static.com Limited and 'us' or 'we' refer to My-Static.com Limited;
1.2 'User' means any party using the Website or who has registered with mystatic to use the Website and 'you' refers to a User;
1.3 'Services' means the services offered by mystatic via the Website and/or by telephone, facsimile and post.
1.4 'Website' means mystatic's website hosted at www.mystatic.com or such other website as mystatic may use from time to time.
2. INFORMATION ABOUT US
We operate the website mystatic.com. We are My-Static.com Limited, a company registered in England and Wales under Company Number 07997745 and with our Registered Office and our main trading address at My-Static.com Ltd, 1st Floor, The Old Chapel, Chapel Street, Huddersfield, West Yorkshire, HD4 6HL.
Each User undertakes to register using their correct name, address, and other requested details. In the event that any such information changes the User must notify mystatic of such change.
We reserve the right to refuse or remove any accommodation on our website that is not classed as a mobile holiday home. We define a mobile holiday home as a prefabricated structure, built in a factory on a permanently attached chassis. Structures attached to permanent foundations are not normally allowed, however we may approve certain accommodation fitting this description at our discretion. If you wish to advertise accommodation attached to permanent foundations then you must contact us seeking our approval before trying to place an advert.
3.3 User names and passwords
A user name and password will be allocated upon registration for use of the Services. This user name and password is personal to the User. The User is responsible for all access to the Website and use of the Services using that user name and password. The User shall not disclose any user name, password or other security information supplied by mystatic to any third party.
3.4 Delivery of Service
We aim to activate your account immediately, or where we don't already hold details for your holiday home location, within 1 business day after we process your payment. Should we not activate your account within 5 business days after receiving your payment then you have to right to ask for a full refund.
Should a refund be requested before we activate your listing then a full refund will be given within 5 business days. For sellers once an account is activated and the property is advertised on the website we are unable to process any refund whatsoever. For the holiday swap service once an account is activated should you request a cancellation of your account before the annual renewal date then we will refund the User the unexpired portion of any fee which that User has paid to us (calculated on a pro rata basis) LESS an administration fee of £35.
4. BASIS OF CONTRACT – OUR STATUS
4.1 By using mystatic to facilitate the buying or selling of a holiday home, or to arrange a holiday swap, you understand and acknowledge that the resulting contract is between two Users of the website (either the seller and the buyer, or the two owners arranging a holiday swap). mystatic acts only to facilitate that contract and is not a party to it. The terms of that contract are a matter for the parties to the contract and you should take care to ensure that these are appropriate for your needs. Once the seller and the buyer, or the two owners arranging a holiday swap, have made contact with each other mystatic plays no further part in the process and in particular will not get involved with regards to non-replies, disputed payments, cancellations, refunds, compensation or complaints of any nature whatsoever. Neither the hirer nor the owner of any caravan shall have any claim whatsoever against mystatic in respect of the hire or other arrangements made between them in relation to the hiring of any caravan.
4.2 Without prejudice to Clause 4.1 above, we may consider complaints that we receive and reserve the right, at our absolute discretion, to remove any User from the website if we believe that their conduct warrants this. If we take the decision to remove any User from the website then we will refund to that User the unexpired portion of any fee which that User has paid to us (calculated on a pro rata basis) LESS an administration fee of £35.
5.1 Information Services
5.1.1 Users may access information, data, wording or graphics ('Material') posted on the Website by mystatic and third parties. While mystatic will take reasonable care in relation to the provision of Material, to the extent permitted by law, mystatic makes no representations or warranties regarding, nor is it responsible for the accuracy or completeness of, any Material on the Website, whether provided by mystatic or third parties. The Material is not provided for any specific or general purpose. No reliance should be placed on the Material by the User.
5.1.2 The User acknowledges that all copyright, trademarks (registered or unregistered), know-how, design rights (registered or unregistered) and all other intellectual property rights in the Material, the Website and the Services shall belong to mystatic or its licensor as the case may be and the User undertakes not to infringe any of the said rights. Other than to the extent required to access and view the Website, no copying, distribution, modification of the Website or any Material is permitted. Resale or supply of any Material is expressly prohibited.
5.1.3 The User acknowledges that certain Material is supplied under licence and that the intellectual property rights in such Material is owned by the licensor. Neither mystatic nor the licensor will be responsible for any errors or corruption in the Material provided.
5.1.4 mystatic grants the User a non-exclusive, non-transferable licence to use the Material on one terminal at any one time, for which purpose a terminal shall mean any identifiable device, portable or otherwise, through which the User can receive, process and/or retrieve and/or display the Material, including but not limited to all types of computer screens, monitors, displays, telephones, personal computers and pagers.
5.1.5 The Material is provided for the User's personal use only.
5.1.6 The User shall ensure that third parties will not gain access to the Material in any manner, other than as set forth in the foregoing paragraph.
5.1.7 mystatic shall be entitled to request the User to submit to an audit (which may include a personal visit) to ensure compliance with the requirements set out in these Terms and Conditions.
6. EXCLUSIONS, LIMITATIONS AND INDEMNITY
6.1 SUBJECT TO CLAUSE 6.2 BELOW ALL WARRANTIES, CONDITIONS, REPRESENTATIONS OR OTHER TERMS IMPLIED BY STATUTE OR COMMON LAW AS TO THE NATURE OR QUALITY OF THE SERVICES OR OTHERWISE ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. mystatic'S MAXIMUM LIABILITY IN RESPECT OF THE PROVISIONS OF THE SERVICES (WHETHER ARISING IN NEGLIGENCE OR OTHERWISE) WILL BE LIMITED TO AN AMOUNT EQUAL TO THE SUMS PAID OR PAYABLE BY THE USER TO mystatic DURING THE 12 MONTHS PRIOR TO THE DATE UPON WHICH ANY CLAIM ARISES. mystatic WILL IN NO EVENT BE LIABLE FOR ANY CONSEQUENTIAL OR INDIRECT LOSS OR DAMAGE OR FOR ANY LOSS OF PROFIT, DATA OR BUSINESS (HOWSOEVER CAUSED AND WHETHER ARISING OUT OF ANY BREACH OF THESE CONDITIONS WHETHER NEGLIGENT OR OTHERWISE).
6.2 Nothing in these Terms and Conditions shall be construed as limiting or excluding liability for death or personal injury caused by the negligence of mystatic, its directors, employees or agents or any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
6.3 Reservation of Rights
mystatic reserves the right to remove from sale any goods or services, to cancel or withdraw listings or to suspend or cancel all or any of the Services for technical, legal or regulatory reasons without penalty or compensation to any User. Wherever possible, mystatic shall provide notice of such matters.
6.4 Interruption to the Services
The User accepts that computer and telecommunication systems are not fault free and may experience or require occasional periods of downtime (during which some or all of the Services will not be available) whether for repair, maintenance, upgrading or otherwise, and mystatic cannot guarantee uninterrupted availability. mystatic will use its reasonable endeavors to minimise such periods of non-availability. The User shall have no claim for breach of contract or otherwise in respect of any such period of non-availability.
The User shall indemnify mystatic against any and all claims, actions, damages, liabilities, costs and expenses including legal fees and expenses arising out of:
6.5.1 the User's breach or non-observation of any of the terms of this Agreement; or
6.5 any breach or inaccuracy in any of the User's representations or warranties;
7. USER INFORMATION AND OTHER COMPANIES
We may provide links on our website to the websites of other companies. We cannot give any undertaking that products or services you may purchase from these websites will be of satisfactory quality and any such warranties are disclaimed by us absolutely.
8. USER'S OBLIGATIONS
8.1.1 The User will not:
(a) transmit any message anonymously or under a false name;
(b) transmit any unlawful, threatening, abusive, harassing, libellous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability, under any applicable law;
(c) transmit any message which discloses private or personal matters concerning any person;
(d) transmit any information, file or software that contains a virus, worm, Trojan horse or any other contaminating or destructive features;
(e) transmit any message, data, image or program that would violate the property rights of others, including unauthorised copyrighted text, images or programs, trade marks or trade secrets or other confidential proprietary information;
(f) interfere, in any way, with others use of or access to the Website
(g) transmit any messages via the enquiry form, to those advertising their accommodation for hire, for any other purpose than enquiring about hiring the caravan. Users may not promote their own services including, but not limited to, buying caravans, insurance services, repair services, other rental websites;
8.2 Suspension and Termination mystatic reserves the right to suspend or terminate provision of Services to any User which is or appears in the reasonable opinion of mystatic to be in breach of any of the provisions of these Terms and Conditions, including the provision of false registration details or other misuse of Services. Any User who is suspended or has the provision of Services terminated may not re-register without mystatic's prior consent.
8.3 Compliance with laws The User undertakes to comply with all statutes, rules of law, regulations and codes of practice in relation to the purchase, storage, use and sale of goods and services.
9. BREACH AND INSOLVENCY
9.1 These Terms and Conditions are binding on mystatic and the User. If either mystatic or the User are in breach of these Terms and Conditions, the party not in breach may immediately terminate the User's registration with mystatic by notifying the other in writing.
9.2 In the event that one party convenes a meeting of its creditors or if a proposal for a voluntary arrangement within Part I of the Insolvency Act 1986 or for any other composition scheme or arrangement with (or assignment for the benefit of) its creditors is made or if one party shall be unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986 or if a trustee, receiver, administrative receiver or similar officer is appointed in respect of all or any part of the business or assets of one party or if a petition is presented or a meeting is convened for the purpose of considering a resolution or other steps are taken for the winding up of one party or for the making of an administration order (otherwise then for the purpose of a solvent amalgamation or reconstruction), then the other party may terminate the User's registration with mystatic by notifying the first party in writing.
10. CONSUMER RIGHTS
10.1 If you are contracting as a consumer, you may cancel your contract with us at anytime within 7 working days, beginning on the day after you register to use the website. In this case, you will receive a full refund of the price paid within 30 days of receipt by us of your notice of cancellation, usually using the same method that you used to pay us.
10.2 To cancel a contract, you must inform us in writing.
11.1 mystatic reserves the right to make alterations to these Terms and Conditions (including commission rates) from time to time. In such event, Users will be informed via mystatic's home page on the Website. The provision of the Services will be governed by any altered Terms and Conditions 7 days after such Terms and Conditions appear. If any User does not wish to be governed by the new version of the Terms and Conditions, that User should notify mystatic and thereafter cease to use the Services with effect from the date when the new Terms and Conditions come into force.
11.2 Any notice to be given in writing under these Terms and Conditions will be validly served if given by email, facsimile or post to (in the case of the User) the contact methods given to mystatic by the User or (in the case of mystatic) to the appropriate contact methods specified on the Website.
11.3 mystatic's rights under the Terms and Conditions may be exercised as often as necessary, are cumulative and not exclusive of its rights under the general law and may be waived only in writing and specifically. Delay in exercising or non-exercise of any right is not a waiver of that right.
11.4 Any right of rescission conferred upon mystatic by the Terms and Conditions shall be in addition to and without prejudice to all other rights and remedies available to mystatic.
11.5 The Terms and Conditions and the documents referred to in it constitute the entire agreement and understanding between the parties and supersede any previous agreement between the parties relating to the subject matter of the Terms and Conditions.
11.6 mystatic may assign or sub-contract its rights or obligations under these Terms and Conditions. Assignation or sub-contracting of the User's rights and obligations will be permitted only with the prior written consent of mystatic.
11.7 Each party acknowledges and agrees that in entering into the Terms and Conditions and the documents referred to in it, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or undertaking (whether negligently or innocently made) of any person (whether a party to the Terms and Conditions or not) other than as expressly set out in the Terms and Conditions. Nothing in these Terms and Conditions shall, however, operate to limit or exclude any liability for fraud.
11.8 Neither party will be liable for any breach of these Terms and Conditions due to a matter outside that party's reasonable control.
11.9 If any provision of the Terms and Conditions becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the legality, validity or enforceability in that jurisdiction of any other provision of the Terms and Conditions or the legality, validity or enforceability in any other jurisdiction of that or any other provision of the Terms and Conditions.
11.10 Nothing in these Terms and Conditions is intended to or shall operate to create a partnership or joint venture of any kind between the parties, or to authorise either of the parties to act as agent for the other, and neither of the parties shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
11.11 These Terms and Conditions shall be governed and construed in accordance with the law of England and both parties hereby submit to the exclusive jurisdiction of the English courts.