Membership - Terms - Rentify

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Friday, May 31st 2019

Membership


RENTIFY MEMBERSHIP TERMS OF USE

Last Updated: May 2019

INTRODUCTION

These Membership Terms apply to the membership services provided by Rentify Limited (the “Service”). These terms set out how the Service works and describe any associated rights and responsibilities.

INFORMATION ABOUT US AND HOW TO CONTACT US

We are Rentify Limited a company registered in England and Wales. Our company registration number is 07723819 and our registered office is at 65 Leonard Street, London, United Kingdom, EC2A 4QS.

If we have to contact you we will do so by notifying you by telephone or by writing to you at an email address you have provided to us.

Our email is: help@rentify.com

Our telephone number is: 0333 244 2222

MEMBERSHIP BENEFITS

Only registered members may use the Service (“Members”). The Service allows you to access various services and benefits as described on the Rentify website, or communicated to you through our Service or otherwise by email.

If you have any problems please let us know.

This is not a tenancy agreement, where you rent a Rentify property, this will be governed by a separate tenancy agreement.

1. MEMBERSHIP
  1. By applying to register as a Member you:

    1. confirm that you understand and accept (and are able to understand and accept) these Membership Terms, including all terms and policies referred to herein, and that you agree to be bound by them; and
    2. agree to provide us with accurate and complete information and to keep such information updated to maintain its accuracy and completeness.
  2. You may only apply to register as a Member:

    1. if you are 18 or over; and
    2. if it is lawful for you to do so.
  3. To register as a Member or maintain your Membership, we may require you to provide us with identification or other documentation in order to help us prevent fraud or money laundering or other unlawful activity taking place on the Service. This may include photographic identification and recent proof of address.

  4. We may also undertake identity, fraud, anti-money laundering, credit and other checks via reference agencies or otherwise. Such checks may impact your credit score or be recorded against it. We may close, suspend or limit access to your Membership in the event that we are unable to obtain from you or to verify materials or information which we require in accordance with these Membership Terms.

  5. We may make alterations to these Membership Terms or to the Service from time to time. In particular, where this is necessary to ensure compliance with legal obligations, best practices or our policies and procedures. If you are not happy with any alteration which we notify to you, we may terminate our agreement with you, you must stop using the Service and we will refund to you any amounts you have paid in respect of future use of the Service.

2. REGISTRATION
  1. You may only use your Membership for your own benefit. You may only hold one Membership. By using the Service you confirm that you are not acting for the benefit of any other person.

  2. Only we can decide whether applications will be successful. You may need a username and password or other login credentials to access some parts of the Service. Your username and password are personal to you and must not be disclosed to any other person.

  3. You must ensure that all information about you that is held by us is true, complete, not misleading and up to date. You can amend your registration details at any time by emailing us.

  4. We are entitled to assume that any use of your Membership or Service is made by you. You are solely responsible and liable for any use of the Service under your name.

3. PAID MEMBERSHIPS
  1. Your Membership is conditional upon you purchasing a membership subscription and paying Rentify the applicable membership fee (“Paid Membership"). Where you have not purchased a Paid Membership, we may suspend or terminate access to the Services or end our contract with you at any time.

  2. Our acceptance of your order will take place when we email you to accept it or otherwise notify you of our acceptance, at which point a contract in respect of that Paid Membership will come into existence between you and us subject to these Membership Terms. If we are unable to accept your order, we will inform you of this and will either not charge you or refund you as soon as reasonably possible.

  3. Once we have accepted your order we will make the Services you have purchased for your lifetime unless; (ii) you end the contract as permitted by these Membership Terms; or (iii) we end the contract as permitted by these Membership Terms.

  4. Payment for the Membership shall be made in advance by direct debit, debit or credit card or such other means of payment as we may agree with you when you apply for Membership.

  5. Unless expressly stated otherwise, all fees are exclusive of VAT and/or any other applicable sales tax, which you may be able to reclaim. We will provide you with an invoice itemising the amount of the VAT in respect only of the fees due for our Paid Memberships.

5. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
  1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

  2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights; and for defective products under the Consumer Protection Act 1987.

  3. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

  4. We are not liable for business losses. We only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

  5. We will not be liable in any amount for failure to perform any obligation under these terms of use if that failure is caused by the occurrence of an event beyond our reasonable control.

  6. To the maximum extent permitted by law, we exclude liability (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) for any indirect, special, punitive or consequential loss whether or not that loss arises out of something of which we have been made aware.

  7. Other than under the circumstances set out at 6.2 and 6.3, our total aggregate liability to you in connection with or arising out of the use of the Service (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) will be limited to £400.

5. YOUR RIGHTS TO CANCEL OR CHANGE YOUR MIND
  1. You can change your mind within 14 days of our accepting your order and receive a refund. However, if we have already begun to provide you with the Service then we may deduct from such refund an amount in proportion to the extent of Service which has been supplied in comparison with the full coverage of the contract. To seek a refund, either request a refund through the platform on which you made the purchase, or contact us using the model cancellation form below:

To: Rentify with the registered office at 65 Leonard Street, London, United Kingdom, EC2A 4QS | [EMAIL]
I hereby give notice that I withdraw from my contract for the following purchase: [ITEM], ordered on [INSERT DATE].
From: [YOUR NAME]

[YOUR ADDRESS]

[YOUR EMAIL / TELEPHONE (optional)]
Date: [DATE]

  1. You may cancel a Membership and terminate the agreement between us from the end of every calendar month by letting us know through email. Such termination will not be effective until you have ceased using the Service.

  2. You may also terminate your Membership and your agreement with us immediately for the reasons set out below in which case the contract will end immediately and we will refund you in full for any Services which have not been provided, and you may also be entitled to compensation. The reasons are:

    1. we have told you about an upcoming change to the Service or these terms which you do not agree to;
    2. we have told you about an error in the price or description of the Service you have ordered and you do not wish to proceed;
    3. there is a risk that supply of the Services may be significantly delayed because of events outside our control;
    4. we have suspended supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 2 weeks; or
    5. you have a legal right to end the contract because of something we have done wrong.
  3. If you want to terminate in accordance with clause 6.3 above, get in touch with us by email

  4. We will make refunds to you as soon as possible, and in any event within 14 days, via the method you used for payment.

  5. When our agreement comes to an end, you will lose access to data and content associated with your Membership, so please ensure that you back-up anything important beforehand.

6. OUR RIGHTS TO SUSPEND OR TERMINATE THE CONTRACT
  1. We will contact you in advance to tell you we will be suspending your Membership, unless the problem is urgent or an emergency.

  2. Without limiting any other rights we have, we may suspend or terminate access to your Service, or our agreement with you, if you breach any of these Membership Terms.

  3. We may cancel a Membership and terminate the agreement between us from the end of every calendar month by letting you know by email.

  4. Where it is necessary to ensure compliance with anti-money laundering laws or other legal obligations, best practices or our policies and procedures, we will limit your access to your Service or suspend it.

  5. If we have grounds to suspect that you are using the Service fraudulently or improperly we will limit your access or suspend it until you are able to demonstrate to our satisfaction:

    1. your identity; and
    2. that no fraud or impropriety has occurred or been attempted.
  6. We will try to give you reasonable notice of any anticipated termination of the Service.

  7. If you become aware of or suspect another Member’s breach of these Membership Terms, or any fraud or impropriety by another Member, you must contact us immediately by email.

7. PROBLEMS WITH THE SERVICE
  1. We are under a legal duty to supply services that are in conformity with this agreement. See the remaining paragraphs in this clause below for a summary of your key legal rights in relation to the Service. Nothing in these terms will affect your legal rights. Your rights are, however, subject to certain exceptions. For more detailed information you may wish to visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

  2. In respect of digital content, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

    1. If your digital content is faulty, you’re entitled to a repair or a replacement.
    2. If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
    3. If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation
  3. In respect of the Service as a whole, the Consumer Rights Act 2015 says:

    1. you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
    2. if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
    3. if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
  4. If you have any questions or complaints about the Service, please contact us. You can get in touch by email.

8. GENERAL
  1. If any part of these Membership Terms is found to be unenforceable, it will be amended to the minimum extent necessary to make it enforceable and the remainder of the provisions will remain in full force and effect.

  2. These terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts.

  3. 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.

  4. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to consider an alternative dispute resolution provider. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.