TERMS AND CONDITIONS
Acceptable Behaviour Rules: the rules at lovetorent.co.uk from time to time.
Account: a User registration on the Site.
Applicable Law: : all applicable laws, regulations, regulatory requirements and mandatory codes of practice, as amended and in force from time to time.
Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
Company Group: any holding company, subsidiary, sister company, or ultimate parent undertaking.
Data Privacy Laws: : includes all applicable laws relating to privacy and data protection, including the Data Protection Act 2018 (DPA), the General Data Protection Regulation (EU) 2016/679) (GDPR) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK, as well as any successor legislation to the GDPR and DPA.
Client: any client of LTR, including those with Developments and/or Properties on the Site.
Client Content: any material, data, image, video or text provided directly or indirectly by Client, or on its instruction.
Development:a property marketed for build to rent only (new and re-let) (and each Development may have one or several properties (each a Property)).
Intellectual Property Rights: all vested and future rights of copyright and related rights (including moral rights), design rights, database rights, patents, rights to inventions, trademarks and get-up (and goodwill attaching to those trademarks and that get up), domain names, applications for and the right to apply for any of the above, moral rights, goodwill (and the right to sue for passing off and unfair competition), rights in know-how, rights in confidential information, rights in computer software, and any other intellectual or industrial property rights or equivalent forms of protection, whether or not registered or capable of registration, and all renewals and extensions of such rights, whether now known or in future subsisting in any part of the world.
LTR: Love to Rent Limited (company number 11057797) with registered office at Kemp House, 152-160 City Road, London EC1V 2NX, United Kingdom.
LTR Policies: any policies of LTR published on the Site from time to time, including the User Content Rules and Acceptable Behaviour Rules.
Property: as defined under Development above.
Services: the services provided to Users the Site in general from time to time.
Site: the website at the URL lovetorent.co.uk.
User: any non-Client visitor to the Site.
User Content: any material, data, image, video or text provided directly or indirectly by any User.
User Content Rules: the rules at lovetorent.co.uk from time to time.
User Terms: the then-current version of these terms and conditions.
2.1 By using the Site, User agrees to User Terms in full and they are legally binding on User; if User disagrees with any part of them, User must not use the Site.
2.2 User must be over 18 years old to use the Site; by using the Site User confirms that they are at least 18 years old.
3. THE SITE
3.1 LTR shall use reasonable endeavours to make the Site available to Users in general, subject to maintenance and anything beyond LTR’s control.
3.2 LTR may make changes to the content and functionality of the Site at any time.
3.3 If User becomes aware of any breach of any LTR Policy, or anything inconsistent with the purpose or intention of the Site, User should make LTR aware of this as soon as reasonably possible by emailing firstname.lastname@example.org.
3.4 Save as expressly set out in User Terms, LTR does not warrant that the Site, or any of the Services will be secure, accurate, uninterrupted or error free or that they will meet User’s needs.
3.5 The Site includes links to other websites owned and operated by third parties; such links are not recommendations. LTR have no control over third party websites and their contents and LTR accept no responsibility for them or for any loss or damage that may arise from User use of them.
4.1 To use the full functionality of the Site, User must have an Account.
4.2 User acknowledges and agrees that it is their sole responsibility to ensure that accurate and current contact details, including address, email and telephone number, are stored in Account. In no event shall LTR be liable for any loss suffered as a result of incorrect, invalid, or outdated Account details
4.3 User is responsible for any activity on the Site under their Account.
4.4 If LTR believes User is or may be about to be in breach of User Terms, or to protect the Site, LTR may:
- suspend User’s Account;
- cancel User’s account; and/or
- edit User’s Account details,at any time in LTR’s sole discretion without notice or explanation.
4.5 User may cancel their Account at any time by emailing email@example.com.
5. USER OBLIGATIONS
5.1 User shall comply with User Terms.
5.2 User shall:
- comply with all Applicable Law;
- comply with all LTR Policies;
- keep all Account logins secret and secure;
- use the Site only as intended pursuant to its functionality;
- not use the Site in any way other than as permitted by User Terms;
- not use the Site in any way that causes, or is likely to cause, a detrimental effect to the operation, functionality, availability or performance of the Site;
- not conduct any systematic or automated data scraping, data mining, data extraction or data harvesting, or other data collection activity, whether or not systematic or automated; and
- not knowingly or recklessly do, or omit to do, anything which may cause LTR, Clients or other Users to be in breach of Applicable Law or suffer reputational or other damage.
6. USER CONTENT
6.1 User acknowledges and agrees that each individual User and not LTR has responsibility for all their User Content.
6.2 User shall ensure that all their User Content:
- is related to the purpose for which it is being sent and/or uploaded;
- complies with all Applicable Law; and
- complies with all LTR Policies, including User Content Rules.
6.3 User hereby waives all moral rights in their User Content to the maximum extent permitted by Applicable Law.
6.4 LTR may, in its absolute discretion, decline to publish, suspend or remove any User Content from the Site where LTR believes it may be in breach of User Terms. If LTR does so, it will use reasonable endeavours to inform User via the email stored in their Account.
6.5 In submitting Content, User grants LTR a non-exclusive, worldwide, perpetual, irrevocable, royalty free licence to edit, modify, use, reproduce, publish and store User Content for the purpose of fulfilling LTR’s obligations under User Terms and/or any other purpose connected with the Site (including promoting the Site via social media) or LTR’s business.
7. BREACHES OF USER TERMS
7.1 Without prejudice to LTR’s other rights under User Terms, if User breaches User Terms in any way, or if LTR reasonably suspect that User has breached User Terms in any way, LTR may:
- send User one or more formal warnings;
- temporarily suspend User access to the Site;
- permanently prohibit User from accessing the Site;
- block computers using User IP address from accessing the Site;
- contact any or all of User internet service providers and request that they block User access to the Site;
- commence legal action against you, whether for breach of contract or otherwise; and/or
- suspend or delete User account on the Site.
7.2 Where LTR suspend or prohibit or block User access to the Site or a part of the Site, User must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
7.3 LTR shall it its sole discretion, but subject to Applicable Laws, determine how to respond to any requests from third parties relating to User’s User Content or other use of the Site.
7.4 Any provision of User Terms that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
User acknowledges and agrees that LTR has no control over Clients, including in relation to content submitted, enquiries made/responded to or any other arrangements or correspondence made through the Site or off Site, which shall be the sole responsibility of that Client.s
9. CLIENT CONTENT
9.1 User acknowledges and agrees that each individual Client and not LTR has responsibility for all its Client Content.
9.2 Clients responsibilities include ensuring that all Content:
- complete, correct, accurate, up to date and not misleading;
- is related to Client and/or its Development;
- complies with all Applicable Law;
- complies with all LTR Policies; and
- complies with all Advertising Rules.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 User acknowledges and agrees that LTR and/or its licensors own all Intellectual Property Rights in the Site and the Services. User’s use of any such Intellectual Property Rights is limited to that required to receive and use the Services as expressly permitted by User Terms.
10.2 User is permitted to:
- view pages from the Site in a web browser;
- pages from the Site for caching in a web browser;
- print pages from the Site;
- stream audio and video files from the Site; and
- use the Site services by means of a web browser, in all cases subject to compliance by User with all other terms and conditions in User Terms.
10.3 All Intellectual Property Rights in the Site, the Services, and any technology and software supporting the Site and the Services, vests in LTR and/or its licensors and User shall have no claim in such rights. Any new Intellectual Property Rights that may be created in the use of the Site or the Services shall automatically vest in LTR.
10.4 LTR’s logos (including the phrase LOVE TO RENT and the LTR heart/house logo) and LTR’s other registered or unregistered trade marks from time to time are trade marks belonging to LTR or its shareholders (LTR Marks). LTR give no permission for the use of LTR Marks, and such use may constitute an infringement of LTR’s or its shareholders’ rights.
10.5 Nothing in User Terms shall transfer the Intellectual Property Rights of LTR or its licensors to User or any third party.
10.6 Unless permitted and necessary under Applicable Law, User may not copy, modify, adapt, redistribute, decompile, reverse engineer, disassemble, or create derivative works of any software or content made available by LTR or its licensors or any component of such software or content. User may not use any work around to seek to circumvent any technical limitations.
10.7 Except as permitted by User Terms or Applicable Law, User shall not, and shall not permit anyone else to, duplicate, share, exploit or redistribute any of the material on the Site, other than as allowed by the built in functionality of the Site (for example, through the use of social plugins on the Site).
11. DATA PROTECTION
12.1 Competitions, free prize draws and/or other promotions on the Site will have separate terms and conditions.
12.2 LTR will make any such terms and conditions available to User separately as appropriate.
13. LTR’S RESPONSIBILITY TO USER
13.1 LTR’s legal responsibility to User is excluded and limited as set out below.
13.2 To the extent that the Site and/or any Services are provided free of charge, LTR will not be liable for any loss or damage of any nature.
13.3 Nothing in User Terms shall limit or exclude LTR’s liability to User for:
- death or personal injury caused by LTR’s negligence, or the negligence of its employees, or agents;
- fraud or fraudulent misrepresentation; or
- any matter in respect of which it would be unlawful exclude or restrict liability (including applicable statutory consumer rights).
13.4 The limitations and exclusions of liability set out in this clause 13 and elsewhere in User Terms:
- are subject to clause 13.3; and
- govern all liabilities arising under User Terms or relating to the subject matter of User Terms, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in User Terms.
13.5 LTR will not be liable to User in respect of any losses arising out of any event beyond LTR’s reasonable control
13.6 Unless a court or supervisory authority (after all appeals) finds LTR to have been in breach of Data Privacy Laws, LTR is not responsible to User in respect of loss of personal data or any consequences flowing from such loss.
13.7 LTR will not be liable to any user of the Site (business or consumer) in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
13.8 LTR will not be liable to User in respect of any loss or corruption of any data, database or software.
13.9 LTR will not be liable to User in respect of any special, indirect or consequential loss or damage.
14. USER INDEMNITY
14.1 User hereby agrees to compensate LTR as set out below.
14.2 User shall compensate LTR for any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by LTR to a third party in settlement of a claim or dispute) incurred or suffered by LTR and arising out of any breach by User of the Acceptable Behaviour Policy or the User Content Rules.
15.1 A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted
15.2 Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
15.3 LTR may subcontract any of its rights or obligations (or both) under User Terms without the prior written consent of, or notice to, User. User may not without LTR prior written consent assign, transfer, sub-contract or otherwise deal with any rights and/or obligations under User Terms.
15.4 Nothing in User Terms is intended to or shall operate to create a partnership or joint venture of any kind between the parties.
15.5 The parties do not intend any third party to have the right to enforce any provision of User Terms under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any member of the LTR Company Group from time to time may enforce User Terms.
15.6 The terms and conditions in the User Terms are the entire agreement between LTR and User, and replace all previous agreements and understandings between them, relating to the Site and Services.
15.7 We may revise User Terms at any time. The revised terms and conditions shall apply to the use of the Site from the date of publication of the revised terms and conditions on the Site,and User hereby waives any right User may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
15.8 If a provision of User Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
15.9 If any unlawful and/or unenforceable provision of User Terms would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
15.10 The rights and remedies expressly conferred by User Terms are cumulative and additional to any other rights or remedies which may be available.
15.11 User Terms and any non-contractual obligations arising in connection with it are governed by and construed in accordance with English law, and the English courts have exclusive jurisdiction to determine any dispute arising in connection with User Terms, including disputes relating to any non-contractual obligations.
© Love To Rent Limited 2019