Terms of Service
updated 4 June 2017
2. Sharing Your Content and Information
2.1 You own all the content and information you generate and post on the website.
2.2 You grant us, and represent that you have the right to grant us, a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, royalty-free, worldwide licence to use any and all copyright, publicity, trade marks, database rights you have in the content that you post on or in connection with the website, in any media known now or in the future.
2.3 You agree that this licence includes the right for us to make such Content available to other companies, organizations or individuals who partner with us for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
2.4 You agree that you are solely responsible for your own Content and the consequences of posting it. The website does not endorse any Content and disclaims any and all liability in connection with the Content.
2.5 You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for the website to use or possess in connection with the provision of the Service.
2.6 You agree that you will not submit Content containing third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant the website the licence referred to in paragraph 2.2 above.
2.7 The website reserves the right (but shall have no obligation) to monitor and decide whether Content complies with the content requirements set out in these Terms and may remove such Content and/or terminate a User’s access for posting and using Content which is in violation of these Terms at any time, without prior notice and at its sole discretion.
2.8 You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will the website be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
3. General Restrictions on Use
The Website hereby grants you permission to access and use the Service, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:
3.1 You will not post content in inappropriate areas on our sites
3.2 You will not provide any false personal information on the website, or create an account for anyone other than yourself without permission, and you will keep your contact information accurate and up-to-date.
3.3 If we disable your account, you will not create another one without our permission.
3.4 You will not declare association with a property on the website that you have no association with, or falsely declare the role you play within a household.
3.5 You will not share your password, (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
3.6 If you select a username for your account we reserve the right to remove, change or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
3.7 You will not breach any laws, falsely claim to be associated with a property or otherwise infringe the copyright, trade mark or other rights of third parties
3.8 You will not post false, inaccurate, misleading, malicious, discriminatory, unlawful, defamatory, or libellous content (including personal information);
3.9 You will not seek to undermine the website’s trust systems through your actions and use of the Services
3.10 You will not distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes, or distribute viruses or any other technologies that may harm the website, or the interests or property of the website’s users;
3.11 You will not copy, modify, or distribute any part of or parts of the Website or the Services, including but not limited to any Content from our sites, services or tools or the Website's copyrights and trademarks or harvest or otherwise collect information about users, (including email addresses), using automated means such as harvesting bots, robots, spiders, or scrapers without our permission.
3.12 You will not solicit login information or access an account belonging to someone else.
3.13 You will not engage in behavior that can may cause any other user to feel bullied, intimidated, or harassed;
3.14 You will not post content that contains nudity or graphic or gratuitous violence, or is hateful, threatening, or pornographic, or which may incite violence or self harm;
3.15 You will not advertise or otherwise publicise any alcohol-related or other mature content without appropriate age-based restrictions.You will not offer any contest, giveaway, or sweepstakes ("promotion") on the Website without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow all applicable laws.
3.16 You will not do anything that could disable, overburden, or impair the proper working of the Website, such as a denial of service attack.
3.17 You agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service or features that (i) prevent or restrict use or copying of Content or (ii) enforce limitations on use of the Service or the content accessible via the Service;
3.18 You will not facilitate or encourage any violations of this Statement.
3.19 Please report problems, offensive content and policy breaches to us.
3.20 We reserve the right (but shall not be obliged) to take the following steps where there is reason to believe that you are creating problems or acting inconsistently with the terms of this agreement: This includes, but is not limited to the following: issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off the Website. However, whether we decide to take any of these steps, remove hosted content or keep a user off the Website or not, we do not accept any liability for monitoring Website or for unauthorized or unlawful content on the Website or use of the Website by users.
3.21 We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services.
3.22 You agree that you are solely responsible for (and that the Website has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which the Website may suffer) of any such breach.
4. Personal Data
4.1 For the purposes of the Data Protection Act 1998, to the extent that we use your personal data for the Website’'s business or other purposes (for example, to process a payment to us in connection with certain services), the data controller in relation to your personal data is Rentlord Limited. In other circumstances, where you make personal data available over the Website for your own purposes (for example, when submitting content and other materials to a discussion group on the Website) or simply to enable us to process a transaction on your behalf, you will remain the data controller in respect of that use of the personal data.
4.2 The Website may collect, periodically check and update any personal data you choose to submit on the Website, including but not limited to your name and age; your email address, physical address, telephone number and other physical contact information; your financial information, such as credit card and/or bank account numbers; your location, photograph, rental history and references and feedback from other users; transactional information based on your activities on the Website and content you generate or that relates to your Profile); Member communications, discussions, and correspondence through our Website, feedback, information provided in connection with any dispute and / or its resolution and other correspondence sent to us or via the Website; other information from your interaction with the Website, and our services, content and advertising, including computer and connection information, statistics on page views, traffic to and from the Website, ad data, IP address and standard web log information; additional information we may ask you to submit at any time to authenticate yourself or if we believe you are or may be in breach of Website terms and conditions or policies. For example, we may ask you to send us an ID or bill to verify your address, or to answer additional questions online to help verify your identity or ownership of a Vehicle you list; information from other companies, such as demographic and navigation data; and other supplemental information from third parties (for example, if you incur a debt to the Website we may ask you to send us additional information, such as your driver's licence, credit card statement, or a recent utility bill or other information confirming your address, or to answer additional questions online to help verify your information).
5. Limitation of Liability
5.1 Nothing on this website should be construed as legal advice or perceived as creating a solicitor-client relationship.
5.2 Nothing in these Terms shall exclude or limit the Website’'s liability for losses which may not be lawfully excluded or limited by applicable law.
5.3 Subject to the overall provision in paragraph 5.2 above the Website shall not be liable to you for any indirect or consequential losses which may be incurred by you as a result of: (i) the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.(ii) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Service;(iii) any changes which the Website may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service);(iv) the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Service;(v) your failure to provide the Website with accurate account information;(vi) any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties;(vii) your failure to keep your password or the Website’s account details secure and confidential.(viii) unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not the Website has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Any losses shall include any loss of profit (whether incurred directly or indirectly); any loss of goodwill or business reputation; any loss of opportunity; or any loss of data suffered by you; or any other intangible losses;
5.4 The limitations on the Website's liability to you in paragraph 5.3 above shall apply whether or not the Website has been advised of or should have been aware of the possibility of any such losses arising.
5.10 Whilst we use reasonable endeavours to ensure that information on the Website is accurate and up to date and to correct errors as soon as we are able to after becoming aware of them, we do not check, monitor, review, verify or endorse, and we are not responsible or liable for any loss or damage you may suffer or incur in connection with, any information, content, material or data collected from or provided by third parties which is displayed on or is otherwise available from this Website or any third party websites. Such information, content, material or data may be inaccurate, incomplete or out of date. It is your responsibility to check that such information, content, material or data is accurate, complete, correct and up to date.
5.11 Any views, opinions, advice, reviews, ratings or comments on the Website or any third party websites which are made by third parties do not represent our views, opinions or advice, should not be relied upon by you and are not checked, monitored, reviewed, verified or endorsed by us. We are not responsible or liable for any loss or damage you may suffer or incur in connection with such views, opinions, advice, reviews, ratings or comments including in relation to their accuracy, truthfulness or completeness.
5.12 We sometimes provide links from the Website and from emails sent to you as part of our service to the websites of third parties. These websites are owned and operated by third parties over whom we do not have control. You access and use these third party websites at your sole risk and your sole discretion. You are solely responsible for any use of these third party websites and for any decision to obtain or refrain from obtaining any of the products or services available on such third party websites. Any links to third party websites are provided for your interest and convenience only. We do not endorse, recommend or accept responsibility for such third parties, their products or services, their websites or for any information, opinions or views given or advice provided by such third parties (whether on their websites or otherwise).
5.14 Any views, opinions, advice or assistance which is given or provided to you by a third party after you have used this Website do not represent our views, opinions, advice or assistance and are not checked, monitored, reviewed, verified or endorsed by us. We do not endorse, recommend or take responsibility for any third party who provides you with any views, opinions advice or assistance. You act or refrain from acting on any third party's views, opinions, advice or assistance at your sole risk and sole discretion and you are solely responsible for any decision to act or refrain from acting on such views, opinions, advice or assistance. We are not responsible or liable for any loss or damage you may suffer or incur in connection with such views, opinions, advice or assistance including in relation to their accuracy, truthfulness or completeness or for any acts, omissions, errors or defaults of any third party in connection with such views, opinions, advice or assistance.
5.15 Please be aware that whilst the Website provides information on a wide range of products or services, there may be other products or services available on the market which are not shown on this Website and which may be more appropriate or suitable for you than those shown on this Website.
5.16 Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 Pounds Sterling.
7. Rentlord rights All rights, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Rentlord and its licensors. The Services are protected by copyright, trademark, and other laws of England and Wales and foreign countries. Nothing in the Terms gives you a right to use the Rentlord name or any of the Rentlord trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Rentlord, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
8. Fees If the service you use incurs a fee, you'll be able to review and accept terms that will be clearly disclosed at the time you choose to include the service. Our fees are quoted in Pounds Sterling, and we may change them from time to time. We'll notify you of changes to our fee policy by posting such changes on the site. Our fees are non-refundable, and you are responsible for paying them when they're due. If you don't, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.
11. The Gas Safety (Installation & Use) Regulations 1998 Under the above regulations, it is the landlord's responsibility to ensure that all gas appliances and the fixed installation are maintained in good order and checked for safety at least every 12 months by a Gas Safe registered engineer.
12. The Electrical Equipment (Safety) Regulations 1994 The landlord is legally responsible for ensuring that the electrical installation and all appliances within the property are maintained in good order and regularly checked for safety by an appropriate registered engineer.
13. Furniture and Furnishings (Fire) (Safety) Regulations 1988 and (Amendment) 1993 13.1 The landlord warrants that he/she is fully aware of the terms and conditions of the above Regulations including any subsequent amendments or replacement Regulations (hereafter referred to as the Regulations). The landlord declares that all furniture presently in the property or to be included in a property to which this agreement applies, complies in all respects with the Regulations. 13.2 The landlord further warrants that any furniture purchased for the property after the date of this agreement will also comply with the Regulations for the duration of the tenancy and any Renewals.
14 Energy Performance Certificate (EPC) All buildings in the private rented sector require an EPC. This certificate will remain valid for ten years. Landlords are required by law to obtain and make available a copy of the EPC, free of charge, to prospective tenants at the earliest opportunity and must provide the person who takes up the tenancy with a copy.
15.1 The landlord undertakes to keep Rentlord fully and effectively indemnified in respect of any claim, demand, liability, cost, expense or prosecution which may arise due to the failure of the landlord to comply fully with the terms of all the above Regulations, including any subsequent amendments thereto or replacement Regulations.
15.2 The landlord agrees to indemnify Rentlord against any costs, expenses or liabilities incurred or imposed on us, provided they were incurred on the landlord's behalf in pursuit of our normal duties.
16. Legal proceedings Rentlord is not responsible for any legal steps for the recovery of rent or repossession of the property. Rentlord will not accept service of legal proceedings on the landlord's behalf.
17. Disclaimer Rentlord will carry out all services with reasonable care and skill. However, we are unable to guarantee the suitability of tenants, timely rental payments or vacant possession at the end of a tenancy and cannot be held liable by the landlord for such events.
18. Jurisdiction The High Court and the County Courts of England and Wales shall have jurisdiction to hear and determine any action or proceedings in respect of this agreement.
20. Amendments Rentlord may change or add to the terms of this agreement (except in relation to the level of any fees due under this agreement) for legal or regulatory reasons. We will notify you if any such change will affect the service that we offer you.
21. Complaints procedure
21.1 As a member of the Association of Residential Letting Agents (ARLA), we aim to provide the highest standard of service to all landlords and tenants, in line with their Code of Practice. One of the requirements of our membership of ARLA is that we have a process for assessing complaints about our service, appropriate to our firm’s size and structure.
21.2 All staff will deal with the normal day to day problems on a one to one basis but once a formal complaint as such has been raised, i.e. “I am not satisfied with the standard of your work/conduct/behaviour etc and I wish to make a formal complaint”, then at that stage you will be requested to put your complaint in writing, setting out your concerns by reference to any related documents – terms of business, tenancy agreement, inventory etc, and send it to Sarah Lau at Rentlord Ltd.,Gainsborough House, 109 Portland Street, Manchester M1 6DN.
21.3 The grievance letter will be acknowledged promptly, investigated in accordance with established “inhouse” procedures and a reply sent to you within ten working days of receipt of the original letter.
21.4 You will be invited to make any comments that you may have in relation to this response. Subsequently, if you remain dissatisfied with the way we have handled your complaint, please write to Colin Tan, at Rentlord Ltd., Gainsborough House, 109 Portland Street, Manchester M1 6DN.
21.5 Finally, having exhausted our in-house procedures, if you are still not satisfied with our response, you may refer your complaint to: The Association of Residential Letting Agents, Arbon House, 6 Tournament Court, Edgehill Drive, Warwick, CV34 6LG who will arrange for your complaint to be assessed by a Disciplinary Case Worker in line with the criteria and procedures set out in NFOPP’s Disciplinary Procedure Regulations..
22. Landlord Declaration
22.1 You confirm that you are the sole/joint owner(s) of the Freehold/Leasehold property you are seeking to let, manage and collect rent through Rentlord Ltd and that prior to the commencement of the tenancy all furniture and upholstered furniture, soft furnishings, beds, mattresses, pillows and cushions (if any) supplied to the property, comply (if appropriate) with the provisions of the Furniture and Furnishings (Fire) (Safety) Regulations 1988 and (Amendment) 1993, and warrant that the property complies with the Gas Safety (Installation and Use) Regulations 1998 and the Electrical Equipment (Safety) Regulations 1994.
22.2 You understand that you may have the right to cancel this agreement under the Cancellation of Contracts made in a Consumer's Home or Place of Work etc. Regulations 2008 and confirm that you wish to instruct Rentlord to provide the services selected immediately.
22.3 Before accepting this agreement, you should carefully read all of the terms and conditions set out in this document. It is very important that you read and understand all of the terms and conditions that will apply to this agreement before entering into this agreement. Only accept this agreement if you wish to be bound by all of the terms and conditions it contains.
23. Governing Law The Terms, and your relationship with the Website under the Terms, shall be governed by English law. You and Rentlord agree to submit to the exclusive jurisdiction of the courts of England and Wales to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Rentlord shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.
24. Jurisdiction The courts of England have exclusive jurisdiction to settle any dispute arising from or connected with this Agreement, including, but not limited to, a dispute regarding the existence, validity or termination of this Agreement or the consequences of its nullity. Members irrevocably submit to the jurisdiction of such courts and agree that the courts of England and Wales are the most appropriate and convenient courts to settle any dispute and, accordingly, they will not argue to the contrary.
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