Terms of Use

1. Term

1.1 The Contract commences on the Commencement Date and shall continue thereafter until termination in accordance with the terms of clause 14.

1.2 You will be considered to have read and accepted these Conditions, including any changes, each time you use the Site or the Service. We reserve the right to change or modify these Conditions, the Site and/or the Service at any time without notice and at our discretion. By continuing to access or use the Site or Service after we have made such a change or modification or have provided you with notice thereof, you are indicating that you agree to be bound by the modified Conditions. If the modified Conditions are not acceptable to you, your only recourse is to cease using the Site and Service.

2. Registration

2.1 A completed Registration Form submitted by you to us shall constitute an offer from you to us for us to provide the Service on the basis of these Conditions. No contract shall come into effect until we have accepted your offer by notifying you of same in Writing. We reserve the right to refuse your offer for any reason.

2.2 You shall be responsible for ensuring the completeness and accuracy of the information which you provide on the Registration Form (and you hereby warrant its completeness and accuracy to us).

3. The service

3.1 Throughout the duration of the Contract, we shall provide the Service to you from time to time on the basis of these Conditions. The Service shall be provided entirely via the Site.

3.2 Every time you wish us to provide the Service, you must place an order for such (an "Order") using the online ordering process on the Site. We shall not be obliged to accept any Order which is submitted to us by any other method. Please note that compliance with your obligations under this clause 3.2 shall in no way relieve you of your obligations to us in terms of clause 9.

3.3 Once we have produced a Report, it will be available for you to view on the Site. Unless we specifically agree otherwise, we will not make Reports available to you in any other form or by any other method.

3.4 We shall use our reasonable endeavours to ensure that the Report is provided to you within 48 hours of receipt of your Order, however time of delivery is not of the essence of the Contract and we shall not have any liability to you for any failure to provide you with the Report within this or any other any quoted timescale.

3.5 You hereby acknowledge that we may from time to time change the form and/or content of the Service and/or upgrade or modify any of the methods used to access or use the Site and/or Service. In such circumstances, we shall use our reasonable endeavours to give you 1 month's prior notice in Writing of such changes, upgrade or modification.

4. Account holder's obligations in respect of this service

4.1 You shall:-

(a) ensure that any information you provide to us in connection with the Service is complete and accurate; and
(b) provide us with all such information as we may reasonably request from time to time in order to enable us to carry out the Service; and
(c) be registered, or register, with the Information Commissioner's Office as a data controller in respect of activity relevant to this contract, and
(d) all times comply with the Site Rules.

(a) ensure that any information you provide to us in connection with the Service is complete and accurate; and

(b) provide us with all such information as we may reasonably request from time to time in order to enable us to carry out the Service; and

(c) be registered, or register, with the Information Commissioner's Office as a data controller in respect of activity relevant to this contract; and

(d) all times comply with the Site Rules.

5. Use of reports

5.1 For the avoidance of doubt, in this clause 5 a reference to a "Report" includes a reference to Report Information.

5.2 You hereby acknowledge and agree that a Report may only be used by Permitted Persons for the Permitted Purposes. You shall procure that the Report is not used by or disclosed to any person other than a Permitted Person and that the Report is not used for any purpose other than a Permitted Purpose.

5.3 You shall procure that a Report is only used once by a Permitted Party for a Permitted Purpose and that, thereafter, the Report shall not be used again except by a Permitted Party for such Permitted Party's own internal audit purposes.

5.4 Save as expressly set out in these Conditions, you shall procure that no Permitted Person shall under any circumstance sell, transfer, distribute or otherwise make the Service or any Report available to, or use the Services or any Report on behalf of, anyone who is not a Permitted Person.

6. Security

6.1 On or following the Commencement Date, you will be provided with a unique username and password which you may use to access the secure parts of the Site. We may also agree certain other words, codes, numbers and phrases with you from time to time to used in connection with our security procedures (all such words, codes, numbers, phrases, usernames and passwords hereafter being referred to as "Security Information").

6.2 You must keep your Security Information secure and take all reasonable precautions to prevent unauthorised or fraudulent use of them.

6.3 You must not disclose your Security Information to any third party or record your Security Information in any way that may result in them becoming known to any third party.

6.4 Please note that following the Commencement Date we will never contact you, or ask anyone to do so on our behalf, with a request to disclose your Security Information in full. If you receive any such request from anyone (even if they are using our name and logo and appear to be genuine) then it is likely to be fraudulent and you must not supply your Security Information to them in any circumstances. You should report any such requests to us immediately by sending an email to support@lettingref.co.uk.

6.5 You will not permit any third party to use the Service or (through your acts or omissions) enable any third party to access the secure parts of the Site.

6.6 You hereby agree to free us, indemnify us and hold us harmless from and against all losses, damages, costs (including legal costs), expenses and liabilities which we suffer or incur, or may suffer or incur, arising out of any claim by any third party as a result of any failure by you to comply with your obligations under this clause 6.

6.7 Any failure by you to comply with your obligations under this clause 6 shall be deemed to be a material breach of the Contract.

7. Charges and payment

7.1 Upon Registration, we will create an account for you ("Your Account") into which you may pay funds from time to time. Subject to clause 7.2, before we will process any Orders, you must have sums standing to the credit of Your Account.

7.2 Every time you place an Order, you will incur charges which you will be liable to pay to us in advance. You may alternatively request, and we may in our sole discretion agree, to pay by 30-day invoice or in instalments over a 12-month period.

7.3 All fees and monies paid under this Contract are non-refundable under any circumstances whatsoever. The only exception to this is if we terminate the contract in accordance with clause 14.4, in which case we may in our sole discretion offer a partial refund to the extent that you have not used the Service.

7.3 The level of our charges are specified on the Site and we reserve the right to alter the level of our charges from time to time. Such alterations will come into effect from the time we notify you of same, by posting details of the alterations on the Site or in Writing.

7.4 We shall be entitled to deduct any charges which are payable by you to us from the sums standing to the credit of Your Account.

7.5 Unless otherwise specified, all charges specified on the Site are exclusive of Value Added Tax, Insurance Premium Tax or any other sales taxes which might apply, which you shall also be liable to pay to us.

8. Data protection

8.1 In the course of providing the Service to you, we will need to make use of Personal Data which you provide about yourself, either voluntarily or in the course of using the Site. We will use such Personal Data in accordance with our Privacy Policy, which can be found here. You hereby agree that you have read and agree to the terms of our Privacy Policy.

8.2 Where you provide to us any Personal Data in respect of any person other than yourself, you hereby confirm and warrant to us that you are registered with the Information Commissioner's Office as a data controller in respect of activity relevant to this contract. You will also ensure (and hereby warrant to us) that before such Personal Data is provided to us:

(a) you will obtain all consents and permissions (such consents and permissions to be explicit) which might be required by law in order to enable us to use such Personal Data for the purpose of enabling us to fulfil our obligations under the Contract and to do so, without ourselves or our suppliers (such as Callcredit) being in breach of the Data Protection Act 1998 or any other applicable legislation; and
(b) where such Personal Data is in respect of a person who is or is proposed to be the subject of a Report you will obtain the explicit consent of such person in respect of the following:-

(i) for us to disclose their Personal Data to our suppliers (including credit reference agencies, such as Callcredit);
(ii) for us and our suppliers (including credit reference agencies, such as Callcredit) to search for information and data concerning such person in various databases and other information sources with a view to producing a Report concerning them;
(iii) for credit reference agencies to record any searches they make as having been made by us (as opposed to you or such person themselves);
(iv) to their Personal Data and any Report concerning them being disclosed to and used by Permitted Persons for the Permitted Purposes;
(v) for their Personal Data may to be shared with providers of credit and other persons making a search against such person in future, in the knowledge that their Personal Data may be used by such persons for credit decisions concerning them in future; and
(vi) that their Personal Data may be used by (among others) us, our suppliers (such as credit reference agencies) and providers of credit for fraud prevention purposes.

8.3 You shall procure that every person whose Personal Data is provided to us by you and who is or is proposed to be the subject of a Report signs a Consent Form. You shall keep all Consent Forms in a safe place throughout the duration of the Contract (and for a period of 7 years thereafter) and, on demand, exhibit such Consent Forms to us and/or Callcredit and allow us and/or Callcredit to make copies of such Consent Forms for our and/or Callcredit's own internal business purposes.

8.4 You hereby agree to free us, indemnify us and hold us harmless from and against all losses, damages, costs (including legal costs), expenses and liabilities which we suffer or incur, or may suffer or incur, arising out of or in connection with any claim by any third party that, in the course of fulfilling our obligations under the Contract, we used their Personal Data without permission or in a manner which they had not agreed to.

8.5 You will procure that all Permitted Persons comply with their obligations under the Data Protection Act 1998 and all other applicable legislation in respect of Reports.

8.6 You acknowledge that we may check the Register of Data Controllers from time to time to ensure that you are registered as required by the Data Protection legislation and by clause 8.2 of this Contract. You agree that in the event that we discover that you are not so registered, you will apply to be registered within 28 days of receiving a notification from us, and will at the same time provide us with a copy of your application or of acknowledgement of receipt thereof by the Information Commissioner's Office.

9. Intellectual Property

9.1 Unless otherwise expressly stated, all Intellectual Property Rights in the Site Information (including the Reports) are owned by us. We may publish photographs, images or text on the Site in which the copyright is not owned by us. Where this is done, and where practicable, we acknowledge the copyright owner.

9.2 You may view the Site Information in a web browser for private browsing purposes only. Copying the Site Information into a computer cache or storage device for private on or off-line browsing purposes is also permitted. Except as expressly permitted by these Conditions, you may not make a copy of the Site Information (including any Reports) or any part of it for any other purpose without our prior written consent, which may be granted at our sole discretion (or where we do not own the copyright, we will direct you to the owners themselves for such consent (where reasonably practicable)). Furthermore, and without prejudice to the foregoing, you are not permitted to use, display or otherwise incorporate the Site Information into any web page which does not form part of the Site by hypertext link, or by any other means other than copying, without our prior written consent.

10. Website terms & conditions

10.1 You hereby acknowledge that you have read our Website Terms of Use, which are available here, and agree to their terms.

11. Accuracy of information

11.1 The Site Information and Report Information are provided "as is" and we make no representation, endorsement or warranty as to their accuracy or completeness. We will not be liable for any action taken (or not taken) in reliance upon the Site Information and/or Report Information and such action is taken entirely at your own risk. We reserve the right to make changes to the Site Information and/or Report Information to correct any errors or omissions (at our discretion) without notice and without liability to you.

11.2 External websites to which we provide hypertext links are not under our control and we take no responsibility and shall not be liable in any way for their content.

11.3 Some of the Site Information and some or all of the Report Information, is contributed to us by different third parties (such as credit reference agencies) and we do not control those parties or their information. We give no warranties or guarantees and make no representations in respect of the accuracy or completeness of such information. Opinions expressed within such Site Information and Report Information are those of their authors and do not necessarily represent our opinions.

11.4 The Site, like any other, is susceptible to cyber-squatting, spoofing and vandalism. We do not accept any responsibility for, nor liability in respect of any losses arising from, or information which appears on the Site as a result of, such actions.

11.5 Where the operation of the Site depends on the input of information by you, the service provided by us depends on, and varies according to, the accuracy of such inputted information. We can therefore accept no responsibility for, nor any liability in respect of, the input of inaccurate information to the Site by you and/or any third parties.

11.6 In the unlikely event that you find any inaccurate information on the Site or have any complaint about what we have published please email support@lettingref.co.uk. We will investigate on receipt and take such action as we, in our sole discretion, determine as being appropriate having regard to all the circumstances.

11.7 Please note that we shall have no obligation to verify the identity of any person whose Personal Data is provided to us in the course of providing the Service (which shall be your responsibility alone). You hereby acknowledge and agree that our Reports rely on the accuracy, completeness and truthfulness of the information provided to us by you and third parties (including persons who may themselves be the subject of a Report) and that our Reports are not intended to confirm the identity of any person or confirm the accuracy of any information provided by any person to you or us in connection with the Service.

12. Liability

12.1 Nothing in these Conditions shall exclude or limit our liability for death or personal injury or any liability which cannot be excluded or limited by law.

12.2 Our maximum and aggregate liability to you arising out of contract, delict (including negligence or breach of statutory duty) or otherwise for any loss or damage arising out of or in connection with the Contract, howsoever arising, shall not exceed the aggregate charges paid by you to us under the Contract in the 12 months prior the date of the event giving rise to the relevant claim.

12.3 We shall have no liability to you for any of the Losses nor for any indirect, special, consequential loss or damage to you or any third party arising from the Service whether arising from the negligence of the Company or otherwise.

12.4 You hereby acknowledge and agree that we cannot guarantee that the Site will be free of faults. Furthermore, you hereby acknowledge and agree that we may have to carry out maintenance and/or repair on the Site from time to time and that the Site or certain parts thereof may cease to be accessible while such maintenance and/or repair is being carried out. Except to the extent that such faults or interruptions are due to our negligence, we shall have no liability to you for any of losses, damages, costs or expenses suffered or incurred by you as a result of:

(a) faults, errors or failures in the Site; and
(b) interruptions in the accessibility of the Site by internet users and/or you.

12.5 In no circumstances will we have any liability to you for any losses, damages, costs or expenses suffered or incurred by you as a result of unauthorised access to, or alteration, theft or destruction of information stored on, distributed via or made available for distribution via the Site and/or our computer servers through accident or fraudulent means or devices.

12.6 You hereby agree to save us, indemnify us (forthwith on demand), defend us and hold us harmless from and against all claims, losses, damages, costs (including legal costs), expenses and liabilities arising from any breach of your obligations under the Contract.

13. Confidential information

13.1 Each party will keep confidential any Confidential Information disclosed to it by the other. Except to the extent expressly permitted by these Conditions, neither party will disclose any Confidential Information to any third party, save to its agents, advisers or to an employee who needs to have access to such Confidential Information in connection with the performance of any obligations under the Contract provided that the disclosing party will be responsible for ensuring that any person to whom it makes any such disclosure complies with this Clause 13.

13.2 You hereby acknowledge and agree that Reports and all Report Information is Confidential Information.

13.3 You agree and warrant that you will implement and maintain information security standards in respect of Confidential Information which are in all material respects equivalent to Level One on the web page http://www.callcredit.co.uk/legal-information/client-minimum-security-standards.

14. Termination

14.1 We shall have the right to terminate the Contract forthwith by notice in Writing if:

(a) you commit any material breach of the Contract and (in the case of a breach which is not persistent and can be remedied) has failed, within 7 days after receipt of a request in writing to do so, to remedy the breach, declaring that we shall not be in material breach by virtue of failing to meet a deadline for the provision of any of the Service; or
(b) you commit an act of bankruptcy, become apparently insolvent, make an arrangement or composition with creditors or (being a company) convene a creditors meeting;
(c) you have a receiver (whether administrative or otherwise) appointed or any steps are taken for the appointment of an administrator or if you pass a resolution for winding up (except for the purposes of a genuine scheme of solvent amalgamation or reconstruction) or if any proceedings are commenced relating to your insolvency or liquidation or possible insolvency or you cease or threaten to cease to carry on business or if serious doubt arises as to your solvency.

14.2 You will have the right to terminate the Contract (i) without notice, within seven days of receiving our written acceptance of your Registration Form in accordance with 2.1 above, or following that seven-day period, (ii) upon giving us 30 days notice in Writing without prejudice to any orders then submitted and accepted.

14.3 You hereby acknowledge that the provision of the Service by us and your use thereof is governed by various statutes regulatory requirements, codes of practice and guidelines relating to the use, provision and sharing of personal data (collectively 'the Regulations') and that the Regulations may change from time to time. You agree that we may cease providing the whole or any part of the Service if necessary in order to enable us to comply with the Regulations in which case we shall not be deemed to be in breach of this agreement.

14.4 We shall be entitled to immediately terminate the whole or any part of the Service in the event that any of our suppliers (including Callcredit) ceases to provide any services to us and we consider (in our sole discretion, acting reasonably) such cessation has a materially adverse impact on our ability to provide the Service (or part thereof in question) to you in accordance with the Contract (and having regards to charges for the Service).

14.5 We shall be entitled to immediately suspend provision of the whole of any part of the Service in the event that you commit any breach of the Contract or of any other contract existing between us. For the avoidance of doubt, any exercise of our rights under this clause shall not relieve you of your obligations to pay us any sums due to us by you pursuant to the Contract or any other contract existing between us.

15. Warranty

15.1 You hereby warrant to us that you are a landlord or letting agent and that you are using the Service, the Reports and the Report Information for the Permitted Purpose only.

15.2 The above warrant shall be deemed to be repeated each and every time you use the Service.

16. Audit rights

16.1 Subject to us giving you reasonable prior written notice, you shall permit us (including our employees, agents and representatives) to have reasonable access to your relevant premises and relevant operations for the purpose ensuring that you are complying with your obligations under the Contract.

16.2 Subject to Callcredit giving you reasonable prior written notice, you shall permit Callcredit (including its employees, agents and representatives) to have reasonable access to your relevant premises and relevant operations for the purpose ensuring that you are complying with your obligations under the Contract.

17. Third party rights

17.1 You hereby agree that Callcredit shall be entitled to enforce clauses 5, 8.1, 8.2, 8.3, 8.5, 13 and 16.

18. General

18.1 Entire Agreement. The Contract constitutes the entire agreement between us and you relating to the provision of the Service and shall supersede all prior agreements and understandings between us and you with respect to the provision of the Service.

18.2 Alteration Of These Conditions We reserve the right to alter these Conditions and/or the Site Rules upon giving you 7 days notice in Writing.

18.3 Independent Contractor. Each party to the Contract is an independent contractor, and the Contract does not create a partnership, agency, joint venture or employment relationship between us and you.

18.4 Notices. All notices to be given under the Contract shall be in Writing and, in the case of notices to us, shall be addressed to:

Our contact details are as follows:

Letting Services Online Ltd

26 Dublin Street

Edinburgh

EH3 6NN

EMAIL: info@lettingref.co.uk

In the case of notices to you, such notice shall be addressed to the postal address, fax number or email address (as appropriate) specified on the Registration Form or as last supplied by you to you.

18.5 Assignation. You shall not be entitled to assign, transfer or otherwise make over any right or obligation under the Contract without the prior written consent of ourselves and of Callcredit. We may assign or sub-contract the whole or any part of our rights and/or obligations under the Contact to any other person, entity, firm or company.

18.6 Unforeseen Circumstances. Save in respect of any obligation under the Contract to make any payment, neither party shall be liable for any delay in performing any of its obligations hereunder if such a delay is caused by circumstances beyond the reasonable control of the party so delaying and such party shall be entitled to a reasonable extension of time for the performance of such obligations. Such delay shall not constitute a breach of the Contract, provided however that if such delay continues for a period in excess of 30 days, the party not in delay shall be entitled to terminate the Contract forthwith by written notice to the other party.

18.7 Waivers. No delay or failure by us in exercising or enforcing any of our rights or remedies under the Contract will prejudice or restrict our rights, nor will any waiver of rights operate as a waiver of subsequent rights.

18.8 Survival of Clauses. In the event that any clause of the Contract is held to be invalid by any court having jurisdiction over the Contract, that clause may be deleted from these Conditions and the remaining clauses shall continue to be, to the extent that they are unaffected by the deletion, valid and binding on the parties hereto.

19. Definitions

19.1 In these Conditions:

"Callcredit" means Callcredit Limited, a company incorporated in England and Wales under the Companies Acts (company number 03961870) and having its registered office at The Bailey, Skipton, North Yorkshire, BD23 1DN;

"Contract" means the contract between us and you for the provision of the Service as constituted and evidenced by the Registration Form, these Conditions and any special terms and conditions specified on the Site from time to time;

"Commencement Date" means the date on which a contract is deemed to be formed pursuant to clause 2.1;

"Conditions" means these terms and conditions;

"Confidential Information" means information passing between us and you which has been disclosed to or otherwise obtained by one party by the other, which has been expressed to be confidential or which would appear to a reasonable person to be confidential;

"Consent Form" means a form, which shall always be in a form determined by us from time to time, which is available for download from the Site;

"Intellectual Property Rights" or "IPR" means all patents, registered designs, and applications and the right to apply for any of the foregoing, copyright, design right, topography and mask rights, database rights, utility model rights, rights in the nature of copyright, know-how, rights in proprietary and confidential information, rights in inventions and all other industrial, commercial and intellectual property rights and all other rights or forms of protection having equivalent or similar effect to any of the foregoing arising anywhere in the world;

"Losses" means loss of revenue, pure economic loss, loss of actual or anticipated profits, loss of the use of money, loss of anticipated savings, loss of business, loss of opportunity, loss of goodwill or loss of reputation;

"Order" shall have the meaning attributed to it in clause 3.2;

"Permitted Persons" means you (and/or, if you are a letting agent, the owner of a property managed by you);

"Permitted Purposes" means the purposes of assessing whether the person who is the subject of the Report is suitable to rent a Property and/or is suitable to guarantee the rent payable as tenant of a Property;

"Property" means a heritable property owned by you or, where you are a letting agent, a heritable property managed by you on behalf of its owner;

"Personal Data" means "personal data" as defined in the Data Protection Act 1998;

"Registration Form" means the online registration form on the Site which refers to these Conditions;

"Report" means a report containing information about an individual whose Personal Data is provided by you to us in an Order which can be used by Permitted Persons for the Permitted Purposes;

"Report Information" means the contents of a Report, which may include (without limitation) data, information, charts, scores and records;

"Service" means the service of carrying out searches in certain databases and information sources which we may have access to from time to time with a view to producing a Report;

"Site" means the LettingRef.com website, accessible via (among others) www.lettingref.com;

"Site Information" means the images, graphics, photographs, text, animations, videos, applets, logos, computer programs, computer code and scripts operating within, or which form part of, the Site;

"Site Rules" means such rules, directions and guidance in respect of the use of the Site as we may advise you from time;

"third party" means any person other than us or you;

"We", "we", "us" or "Us" means Letting Services Online Ltd, trading as inter alia "LettingRef.com", a private limited company incorporated in Scotland under the Companies Acts with registered number SC450219 and having its registered office at 26 Dublin Street, Edinburgh EH3 6NN and words like "our" shall be construed accordingly;

"Working Days" means all days other than Saturdays, Sundays and public holidays and "Working Day" shall be construed accordingly;

"Writing" includes electronic mail, facsimile transmission and similar means of communication; and

"You" or "you" means the person who is the applicant on the Registration Form;

"Your Account" shall have the meaning attributed to it in clause 7.1.

19.2 In these Conditions:-

(a) reference to any statute or statutory provision shall include a reference to any statute or statutory provision which amends, extends, consolidates or replaces the same or which has been amended, extended, consolidated or replaced by the same and shall include any orders, regulations, instruments or other subordinate legislation made under the relevant statute or statutory provision;
(b) the singular includes the plural and the masculine includes the feminine and vice versa;
(c) references to persons shall include bodies corporate, unincorporated associations and partnerships;
(d) references to any "clause" or "sub-clause" are references to clauses and sub-clauses of these Conditions, unless otherwise specified;
(e) the headings to Clauses are for convenience of reference only and shall not affect the interpretation of these Conditions;
(f) reference to any party in these Conditions shall be deemed to include a reference to its successors, permitted transferees and permitted assignees; and
(g) except to the extent that these Conditions expressly provide otherwise, nothing shall confer or be construed as conferring any rights on any third party.

20. Governing law and jurisdiction

The provisions of these Conditions shall be governed by and construed according to the law of Scotland and the parties hereto prorogate the exclusive jurisdiction of the Scottish courts.