Monday 29th July 2015
General Terms & Conditions
1. Who Are We?
- Thank you for your interest in Rentify. We provide services to facilitate the advertising and leasing of property by private landlords and related services. Please note that we do not provide, own or lease any property ourselves and we do not act for any other lettings or real estate agency.
- Rentify.com is owned and operated by Rentify Limited, a company registered in England and Wales under registration number 077223819.
Where we are
- Our registered office is Ground floor, 65 Leonard Street, London, EC21 4QS United Kingdom.
Terms for use of the Site.
- Our property management services: If you choose to use our property management services, there are additional terms and conditions that govern those..
- Our credit reference checking services: If you choose to use our credit reference checking services, there are additional terms and conditions that govern those.
Are you 18 or over?
- By using this web site (the "Site") you confirm that you are 18 years or older. If you are not, then you must not use this Site.
- As a private landlord advertising or leasing property via our Site, you agree you are responsible for all dealings between you and any person who is or may be your tenant or who agrees or may agree to act as a guarantor for a tenant or prospective tenant to you. You also agree only to post or otherwise make available via this Site photographs, information and other content ("Content") on this Site for which you have lawful authority and not to post anything which is offensive, defamatory or otherwise may reasonably considered harmful or likely to cause distress.
Tenant / Guarantor responsibilities.
- As a tenant or guarantor (or prospective tenant, guarantor or other browser), you agree you are responsible for all dealings between you and any landlord of any property advertised by us on behalf of a landlord through this Site or by us through any other web site.
- The terms of the lease and/ or guarantees between you and them will govern the resolution of any issues between landlords, tenants, prospective tenants, guarantors or prospective guarantors for a tenant or any other person other than us. Prospective tenants, guarantors and other browsers of this Site are reminded to verify the accuracy of any Content with the relevant landlord.
Links to other websites from this Site.
3. Your Obligations In Using The Site And Providing Content To Us
Complying with laws.
- You agree that you will not use our Site or services for any purpose that is unlawful or prohibited by these Terms. You agree that you are responsible for all uses of this Site by you and any person that you allow to use your log-in information.
- You agree that you are solely responsible for any Content you post or otherwise make available ("Post") via this Site. You agree to Post on this Site only the Content for which you have lawful authority to Post and which is true, complete and accurate. You agree to not Post anything which infringes the rights of any third party (including, but not limited to, intellectual property rights or rights in confidential information). You agree not to Post anything that is offensive, defamatory or otherwise may be reasonably considered harmful or likely to cause damage or distress to another person. You agree to promptly update or correct any of your Content on becoming aware of any errors or inaccuracies. You give your irrevocable consent for us to update or correct your Content if we think we need to do that. You agree to assist us as we may reasonably require to identify and remedy any unauthorised use of your Content. Your attention is drawn to the indemnity in these Terms in section 8.5.
- You agree that you will not Post on or use this Site or any of its Content for any spyware or crawlers or for the purpose of promoting or facilitating commercial messages or advertisements unrelated to Rentify.
Monitoring and removing your Content.
- You agree that Rentify is not obliged to monitor or censor any of your Content on our Site or on any other website but that we have full rights to do so. You agree that we may, in our absolute discretion, at any time and without notice to you remove, remove or decline to display any of your Content on the Site or any other website. Notwithstanding what has been set our earlier, if you see anything on Site which you find objectionable, please email us at: firstname.lastname@example.org
Licence granted to Rentify.
- You agree to grant Rentify the licences set out below in LICENCE AND INTELLECTUAL PROPERTY RIGHTS.
4. Additional Obligations If You Are A Landlord
As a landlord advertising property via our Site, you agree to the following additional obligations to us.
Marketing your property only when available.
- You warrant that you have the necessary authority to market any property which you Post on this Site as your Content. You warrant that you hold the necessary licences, consents and authorities to use, display and reproduce and publish your Content. You agree to notify us immediately if the property you have Posted on or via this Site is no longer available either by sending us an email to email@example.com or by updating your Rentify dashboard.
Complying with laws for marketing property.
- You agree to abide by all applicable laws and regulations including but not limited to The Property Misdescriptions Act 1991. You agree that you will not create any liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
- You agree to provide a contactable telephone number to enable Rentify to effectively monitor and pass on leads to you.
Allowing Rentify to monitor leads.
- You agree to allow Rentify to monitor your response to its leads. You agree that Rentify and its agents may record all phone calls between Rentify and you or when delivering to you or replaying leads to you for prospective tenants or guarantors.
- You agree to read and abide by all notices posted on our Site from time to time.
5. Registering An Account And Deleting It
- You need to register to create a Rentify account in order to use the Rentify services. You agree that any information that you give to us about yourself for your account will always be accurate and up to date (including your email address and other required contact information).
- You understand that we may use a third party to perform billing services or credit card processing services on our behalf in connection with your Rentify account.
Verification and amendments.
- To continue to use your Rentify account or some Rentify services, you may be required by us from time to time to provide certain additional information (such as authentication, identification or additional contact details). Rentify may discontinue your access to or use of any Rentify services if your contact information is not accurate or up-to-date or you do not respond to our communications directed to verifying your information.
Is it lawful for you to deal with us?
- If you are:
- under 18 years of age; or
- a person barred from using or receiving Rentify's services under the applicable laws of England and Wales or any other countries (including the country in which you are resident or from which you intend to access or use the Site or any other Rentify services),
- then you must not register to create a Rentify account or access or use our Site or Rentify services or agree to accept these "REGISTERING AN ACCOUNT WITH US" terms.
Deleting your account.
- If you want to delete your account, please contact us directly using the email address that you registered with Rentify, and we'll endeavour to suspend or deactivate your account within 3 working days of your request.
6. Rentify's Responsibilities
Availability of the Site.
- We use all reasonable efforts to ensure that this Site is available however, we do not guarantee that the Site will be always available.
- We use all reasonable efforts to ensure that this Site is free from software viruses however, we do not guarantee that your use of the Site and the Content on it will be virus-free. You must ensure all computers or devices that you use to access the Site have appropriate virus screening software.
7. License And Intellectual Property Rights
Licence to us of your Content.
- By Posting your Content on or via our Site to other websites, you give us a worldwide, sublicensable, transferable, non-exclusive, perpetual, royalty-free licence to reproduce, adapt, modify, translate, publish, publicly display and distribute any of your Content for the purposes of enabling us to provide you with Rentify's services in accordance with these Terms or to further develop and market Rentify's services.
Rights to Content.
- Rentify retains all rights, title and interest in and to all intellectual property rights embodied in or associated with our software and services, Rentify's Content, Rentify's Site, and any Content Rentify creates or derives there from. All rights, including copyright and other intellectual property rights, in and to the Rentify Trade Marks, any Rentify services or Content and our Site are owned by or licensed to Rentify. Our entire Site is subject to copyright with all rights reserved.
- You retain all rights, title and interest in and to all intellectual property rights embodied in or associated with your Content in accordance with these Terms.
Assignment of intellectual property rights.
- If you acquire any copyright or other intellectual property rights in the Rentify Trade Marks, any Rentify services or Content or our Site (including any rights you may have in user generated content that you Post through our Site) whether by operation of law or otherwise, then you agree that on such acquisition you assign those rights to us on a worldwide basis absolutely to the fullest extent permitted by law. You unconditionally and irrevocably waive any and all moral rights that you acquire in or to the Rentify Trade Marks, the Rentify services and Content and our Site and you agree to execute all documents and do all acts and things as we may reasonably require in order to assign any such rights to us and to waive any moral rights you acquired.
Restrictions on your use of Content.
- You are not permitted to copy, distribute, modify, create derivative works from, post or frame any text, graphics, video, audio, software code, or user interface design or logos from our Site. You agree you will not reproduce, publish, transmit, license, rewrite for broadcast or publication or redistribute in any medium any of our Content without our prior written permission and will not display, perform, transfer or sell any of our information or Content, software, products or services obtained from our Site. Other than is expressly provided in these Terms, nothing implies or gives you any licence or right under any copyright, trademark, database right, sui generis right or other intellectual property or proprietary interest of any of Rentify, its licensors or any third party.
- All rights not expressly granted to you by these Terms are reserved by us or our suppliers. You agree that you will not take any action inconsistent with Rentify's ownership of our Site and/or Rentify's Content.
Attribution, Publicity, Promotional and Marketing Use
- You agree Rentify may in its sole discretion determine any attribution(s) and use of Rentify's Trade Marks. You will not make any statement which suggests you are in partnership with, sponsored by or endorsed by Rentify without Rentify's prior written approval. You give your irrevocable consent to Rentify producing and distributing incidental depictions, including screenshots, video, images or other parts of your Content in the course of promoting, marketing, or demonstrating our services, and, where you provide feedback or suggestions about us, you agree that we may use such information without obligation to you and you grant us all necessary rights for these purposes.
CAP ON LIABILITY.
- YOU AGREE THAT OUR TOTAL LIABILITY TO YOU WILL BE NO GREATER THAN THE AMOUNT OF FEES (IF ANY) THAT YOU HAVE PAID TO US.
Credit and debit card transactions:
- Rentify makes all reasonable efforts to ensure that all credit card and debit card transactions are secure. However, if unauthorised charges appear on your credit card or debit card statement for any card used on or through this Site at any time during or after you conduct your transaction with us or disclose your card details to us on this Site, Rentify will not be liable or responsible in any way in respect of any damage or loss of whatsoever nature suffered by you arising from or in any way connected with that use, transaction or disclosure, subject only to any statutory rights which you may have.
Errors and omissions etc:
- We do not warrant that the information published on this Site will be error free and in using this Site you acknowledge that the property details and all other information including information relating to properties published on this Site may include inaccuracies, mistranslations or typographical errors. While Rentify makes reasonable efforts to ensure that the listing of any property complies with applicable law, the listing of any property on or via our Site is not and should not be taken as a recommendation from Rentify or a representation that the property will be suitable for any purpose or that a tenant or a guarantor will be suitable for any particular property or lease or they any of them will comply with the terms of any lease or guarantee. Rentify will in no way be liable to you in the event that the property is not suitable for your purpose or that the tenant or guarantor or landlord is not suitable or fails to comply with their obligations under any lease or guarantee.
TYPES OF LOSS AND DAMAGE NOT CLAIMABLE FROM US:
- NEITHER RENTIFY NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, OTHER PARTNERS OR REPRESENTATIVES WILL BE LIABLE FOR ANY LOSS OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY INFORMATION, PRODUCTS, SERVICES, MATERIALS AND/OR PROPERTY OR OFFERED THROUGH THIS SITE INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA, INCOME PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES EVEN IF RENTIFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE.
- YOU ALSO AGREE THAT RENTIFY AND PROVIDERS OF DATA PROCESSING, NETWORK AND TELECOMMUNICATIONS SERVICES TO RENTIFY WILL NOT BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THIS SITE OR OUR SERVICES AND YOU AGREE TO WAIVE ANY AND ALL CLAIMS IN RELATION TO THAT USE OR INABILITY TO USE (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER GROUNDS).
- THIS SITE IS MADE AVAILABLE TO YOU ONLY ON AN "AS IS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RENTIFY ACCEPTABLE NO LIABILITY FOR ANY INFECTION BY COMPUTER VIRUS, BUG, TAMPERING, UNAUTHORISED ACCESS, INTERVENTION, ALTERATION OR USE, DEFRAUD, THEFT, TECHNICAL FAILURE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY OR ANY OCCURRENCE BEYOND ITS CONTROL WHICH COMPRISES OR AFFECTS THE ADMINISTRATION, SECURITY, FAIRNESS OR THE INTEGRITY OR PROPER CONDUCT OF ANY ASPECT OF THIS SITE.
- YOU AGREE TO INDEMNIFY AND HOLD RENTIFY, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, OTHER PARTNERS OR REPRESENTATIVES HARMLESS FROM ANY LOSS, DAMAGE, LIABILITY, CLAIM OR DEMAND, COSTS OR EXPENSES INCLUDING REASONABLE LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SITE OR YOUR CONTENT.
- ALL USE BY YOU OF THIS SITE IS AT YOUR OWN RISK AND YOU ASSUME COMPLETE RESPONSIBILITY FOR ALL RISK OR LOSES OR DAMAGE, INCLUDING ANY RESULTING FROM YOUR DOWNLOADING, UPLOADING AND/OR USE OF OR REFERRING TO OR RELYING ON INFORMATION, PRODUCTS, PROPERTIES, SERVICES OR MATERIALS PROVIDED ON THIS SITE OR ANY OTHER INFORMATION OBTAINED FROM YOUR USE OF OUR SITE.
- RENTIFY MAKES NO REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE FROM DEFECTS INCLUDING BUT NOT LIMITED TO VIRUSES OR OTHER HARMFUL ELEMENTS.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY EXCLUDED, INCLUDING WITHOUT LIMITATION REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS ABOUT ANY OF OUR SERVICES, INFORMATION AND/OR CONTENT ON THIS SITE INCLUDING WITHOUT LIMITATION THEIR ACCORDANCE, THEIR COMPLETENESS OR THEIR MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
- These Terms and your use of this Site are governed by the laws of England and Wales. You consent to the exclusive jurisdiction of the courts of England and Wales in all disputes arising out of or relating to the use of this Site each time you access the Site. Use of this Site is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions including without limitation to this paragraph. Nothing in these Terms restricts Rentify's right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Rentify with respect to such use.
- Rentify's failure to enforce at any time or for any period any one or more of the terms or conditions in these Terms will not be a waiver of them or the rights attaching to any of them. No provision of these Terms is waived by us unless we waive it in writing.
Relationship between us.
- You agree that no joint venture, partnership, employment, or agency relationship exists between you and Rentify as a result of these Terms or your use of this Site.
- If any part of these Terms is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
- Any terms which by their nature are intended to continue indefinitely will continue to apply after termination of any agreement between us and you.
Third party rights.
- Each affiliate of Rentify shall be a third party beneficiary to these Terms and entitled to directly enforce, and rely upon, any provision of these Terms which confers a benefit on (or provides rights in favour of) them. No other person shall be a third party beneficiary or able to enforce any these terms under the Contracts (Rights of Third Parties) Act 1999.
- You may not assign or transfer your rights or obligations under these Terms. Rentify may assign any contract between us and you to a third party.
- Notices to Rentify must be sent in writing to our registered company headquarters and they are deemed given upon receipt.
10. Definitions And Interpretation
- The headings used in these Terms are for convenience only and will not affect the meaning or scope of these Terms or otherwise be given other legal effect. If there is a conflict or ambiguity, then the terms set out in any Specific Terms shall prevail over these Terms.
- means all of the information stored on and retrieved from Rentify's databases including any software code, the content on our Site but excluding any information that you obtain lawfully and independently of us.
- means our provision of Rentify's Content and any services which Rentify may make available to you.
"Rentify Trade Marks"
- means "Rentify ", the UK Trade Mark Number 2607771, the applications for the Community Trade Mark Numbers No 011532793 and 011532751 and the coloured houses device and such other trade marks, trade names, service marks, logos and company names that Rentify may develop from time to time.