1.1 The Contract commences on the Commencement Date and shall continue thereafter until termination in accordance with the terms of clause 13.
2.1 By completing and submitting the Registration Form to us, you accept our offer to provide the Service subject to these Conditions. No contract shall come into effect until we have successfully received the details submitted on the Registration Form.
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).
3.1 Subject to these Conditions, we shall provide to you the service of providing you with Tenant References at your request from time to time ("the Service").
3.2 Every time you wish us to carry out a Tenant Reference, 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 7.
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 any quoted timescale.
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) all times comply with the Site Rules.
5.1 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").
5.2 You must keep your Security Information secure and take all reasonable precautions to prevent unauthorised or fraudulent use of them.
5.3 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.
5.4 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 firstname.lastname@example.org.
5.5 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.
5.6 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 5.
5.7 Any failure by you to comply with your obligations under this clause 5 shall be deemed to be a material breach of the Contract.
6.1 Upon Registration, we will create an account for you ("Your Account") into which you may pay funds from time to time. Before we will process any Orders, you must have sums standing to the credit of Your Account.
6.2 Every time you place an Order, you will incur charges which you will be liable to pay to us in advance.
6.3 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.
6.4 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.
6.5 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.
7.2 Where you provide to us any Personal Data in respect of any person other than yourself, you will ensure (and hereby warrant to us) that before such Personal Data is provided to us:
(a) you will obtain all consents and permissions 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
(b) where such Personal Data is in respect of a Tenant and is provided to us for the purpose of enabling us to produce a Report in respect of such Tenant, you will:-
(i) ensure that such Tenant is aware that we will disclose their Personal Data to credit reference agencies who may record the search and that such information may be shared with credit grantors, other persons making a search against such Tenant in future and be used for credit decisions in respect of such Tenant and fraud prevention; and
(ii) procure that the Tenant signs a Tenant Reference Form, keep such Tenant Reference Form in a safe place throughout the duration of the Contract and provide us with such Tenant Reference Form as soon as reasonably possible following receipt of a request from us to do so.
7.3 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 that we used their Personal Data without permission or in a manner which they had not agreed to.
8.1 Unless otherwise expressly stated, all Intellectual Property Rights in the Site Information 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.
8.2 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. You may not make a copy of the Site Information 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 Sites by hypertext link, or by any other means other than copying, without our prior written consent. Nothing in these terms and conditions or on the Sites constitutes a licence to use or copy the Site Information.
10.1 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.
10.2 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.
10.3 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 Tenants) 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.
10.4 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.
10.5 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.
10.6 In the unlikely event that you find any inaccurate information on the Site or have any complaint about what we have published please email email@example.com. 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.
10.7 Please note that we shall have no obligation to verify the identity of Tenants (which shall be your responsibility alone) in the course of providing the Service. You hereby acknowledge and agree that our Reports rely on the accuracy, completeness and truthfulness of the information provided to us by you and inter alios Tenants and that our Report is not intended to confirm the identity or any Tenant or confirm the accuracy of any information provided by any Tenant to you or us in connection with any Tenant Reference.
11.1 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.
11.2 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 total sum paid by you to us under the Contract at the time of the relevant claim.
11.3 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.
11.4 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.
11.5 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.
Each party will keep confidential any Confidential Information disclosed to it by the other. 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 12.
13.1 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 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.
13.2 You will have the right to terminate the Contract upon giving us 30 days notice in Writing.
13.3 Following termination of the Contract we shall return to you any sums standing to the credit of Your Account either by electronic funds transfer to a bank account which you nominate in Writing or by cheque provided that where we terminate the Contract pursuant to clause 13.1, we reserve the right to deduct from any amount to be returned to you a reasonable administration fee.
14.1 You hereby warrant to us that you are a landlord or letting agent and that you are using the Service for the purpose of assessing the credit worthiness of a tenant or prospective tenant of a property which you own or (in the case of letting agents) which you deal with on behalf of the owner of the property.
14.2 The above warrant shall be deemed to be repeated each and every time you use the Service.
15.1 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.
15.2 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.
15.3 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.
15.4 Notices. All notices to be given under the Contract shall
be in Writing and, in the case of notices to us, shall be addressed
36 Albany Street
Email: [Insert email address]
Fax: 0845 855 8005
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.
15.5 Assignation. You shall not be entitled to assign any right or obligation under the Contract without our prior written consent. 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.
15.6 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.
15.7 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.
15.8 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.
16.1 In these Conditions:
"Contract" means the contract between us and you for the provision of the Service as constituted and evidenced by the Registration Form, the Confirmation and these Conditions;
"Commencement Date" means the date on which a contract is deemed to be formed pursuant to clause 2.1;
"Conditions" means the standard terms and conditions set out in this document;
"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;
"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;
"Personal Data" means "personal data" as defined in the Data Protection Act 1998;
"Registration Form" means the online registration form which you complete on and submit to us via the Site which refers to these Conditions;
"Report" means a report which will allow you to assess the credit status of a Tenant;
"Report Information" means any information or data appearing any Report;
"Service" shall have the meaning attributed to it in clause 3.1;
"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;
"Tenant" means the individual specified as such in your Order;
"Tenant Reference" means a search of the information contained in the databases and information sources to which we have access with a view to producing a Report;
"Tenant Reference Form" means a form entitled as such, which shall always be in a form determined by us from time to time, which is available for download from the Site;
"We" 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" means the person who is the applicant on the Registration Form;
"Your Account" shall have the meaning attributed to it in clause 6.1.
16.2 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
(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) nothing shall confer or be construed as conferring any rights on any third party.
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.
We hold the following types of personal information:
We hold and process information which you provide to us:-
Unless we have your prior consent, we shall not sell, rent, trade or share any personal information which we hold except that:
We will ensure to take all reasonable steps to keep accurate and up to date any information which we hold about you. If, at any time, you discover that information held about you is incorrect, you should contact us firstname.lastname@example.org to have the information corrected.
We will not hold on to any personal information for any longer than is reasonably necessary for the purposes noted above.
We undertake to process the personal information which we collect in accordance with the principles of the Data Protection Act 1998 and other applicable laws relating to data protection which may be in force from time to time.
We have strict security procedures covering the storage and disclosure of your information (although we do not warrant that this is the case) in order to prevent unauthorised access. This means that we may ask for proof of identity before disclosing personal information to you.
We hold computerised and electronic personal information on computers and/or CD-ROMs held at the address noted below and/or a server which is managed remotely by Rackspace Managed Hosting, 2 Longwalk Road, Stockley Park, Uxbridge, Middlesex UB11 1BA. We also hold tangible (or 'hard copy') personal information at the address noted below. From time to time, certain CD-ROMs or tangible (or 'hard copy') personal information may be transported by us to or from the address noted below.
The Website contains links to other websites. Equally, other websites may provide links to the Website. Please be aware that we are not responsible for the privacy practices of such other websites. We encourage you to read the privacy policies, if any, of each and every website which you use.
Please note that the Internet is not a secure medium. When
submitting personal information to us using the Internet, your
details may not be secure from access by third parties. The
submission of personal information to us using the Internet is
therefore made at your own risk.
You are entitled in law to receive a copy of personal information or data about you which is held by us on payment of £10 (or such other sum as may be prescribed by law from time to time).
We will also, on written request from you, amend any personal information which we hold about you. Where we amend the personal information which we hold about you, we will generally retain a copy of the previous version for our records. However, as noted above, we will not hold on to any personal information for any longer than is necessary for the purposes noted above.
Our contact details are as follows:
Letting Services Online Ltd
26 Dublin Street
Tel: 0845 855 8555
Please note that, if you are under 16 years old, you must provide us with the name and address of your parent or guardian. We will let him or her know that you are providing us with personal information and seek any necessary consents from him or her.
Where you (or, if you are a Tenant or Guarnator, a Customer) voluntarily supply details of third parties to us (such as your existing or previous employers, and your existing or previous landlords), we may contact those third parties with a view to verifying any information which we have been provided about yourself.
You hereby agree that we or our agents may search the databases of third party data providers such credit reference agencies and Insurance Reference Agencies for the purposes described at section 3 above.
We may use your personal information to make credit decisions about you and/or to make judgments about your suitability to rent a property or act as guarantor (as the case may be) and make recommendations about such matters to Customers. To make or assist in the making of such decisions and recommendations, we may use a process call credit scoring and/or other automated decision making processes. Your personal details will be passed to our Customers, who may use that information to make similar decisions and recommendations about you. They in turn may pass your personal information to the landlord of the property which you propose (or, if you are the Guarantor, the Tenant whose obligations you are prospectively guaranteeing proposes) to rent.
As explained above, if you are a Tenant your personal details may be passed on to credit reference agencies and Insurance Reference Agencies. Such agencies may record the search and such information may be shared with credit grantors, insurers other persons making a search against you in future and be used for credit decisions and insurance decisions and fraud prevention.
In the event of you defaulting on rental payments in terms of any lease or tenancy agreement which you may have with a Customer, such information may be supplied to credit reference agencies and Insurance Reference Agencies.
We operate a policy of 100% opt-in marketing. The contact details you provide (such as your telephone number, fax number, postal address and email address) may be used by us to send you information about products and services. Your contact details may be provided to third parties for the purposes of direct marketing. Your contact details will only be used in this way if you have previously indicated your consent to receiving such messages.
You may opt-out from receiving such messages from us at any time by going to our unsubscribe page or by sending an email to email@example.com with the word 'UNSUBSCRIBE' in the subject or by writing to the address above. Where you have consented to receiving such message from third parties you will need to contact those third parties to opt-out of receiving such messages from them.
All marketing messages sent to you by us will contain a statement re-iterating these instructions as to how to opt-out.
If false, inaccurate or misleading information is provided and fraud is identified, details may be passed to fraud prevention agencies. Law enforcement agencies may access and use this information. We and other organizations may also access and use this information to prevent fraud and money laundering, for example, when: