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RentFair - Terms and Conditions for Letting Agents
Your attention is drawn to the limitations on the liability of RentFair set out in clauses 6.3 and 7 and the indemnity in favour of RentFair set out in clause 7.5 of these Terms and Conditions.
1.Definitions
1.1 "the site" or "RentFair" means RentFair.com, the trading name of RentFair Limited, a company incorporated in England
1.2 "the Landlord" means the owner of a property advertised on the site.
1.3 "the Agent" means a member of RentFair, whether an individual, company, partnership, or other legal entity, who has joined RentFair as an agent member.
1.4 "user" means any user of the site.
1.5 "the Property" means any property advertised by the Agent on the site.
1.6 "the Tenant" means any tenant or tenants, or prospective tenant or tenants, of the Property.
1.7 "the Tenancy" means the tenancy entered into between the Landlord (or the Agent on the Landlord's behalf) and the Tenant.
2. Advertising
2.1 Upon joining RentFair, the Agent may upload an unlimited number of properties for advertising on the site subject to these terms and conditions.
2.2 The service provided to Agent members by RentFair is strictly limited to advertising only and your attention is drawn to the limitation of liability of RentFair set out in clauses 6.3 and 7 and the indemnity in favour of RentFair in clause 7.5.
2.3 Property advertisements on the site run for an initial period of 6 weeks and may be deleted from the site without prior notice after that period. Properties may remain advertised on RentFair and its partner sites after the 6 week period at the sole discretion of RentFair. Any advertisement not complying with these terms and conditions may be deleted immediately without notice.
3. Fees charged by Agents to Tenants
3. When registering, the Agent is required to include a statement as to any charges made to tenants, for such items as reference checks, administration, inventory preparation etc.
4. Rent
4.1 The Agent confirms that all rents quoted on the site are inclusive of any ground rent and service charge.
4.2 Unless otherwise stated, rents are exclusive of charges for water, sewerage, gas, electricity, telephone and council tax and the Tenant is responsible for payment of these charges during the term of the Tenancy.
5. Condition of Property and Compliance with Regulations
5 Properties are let "as seen". However, the Agent, on behalf of the landlord, warrants that, at the start of the tenancy, all fixtures, fittings and furnishings are safe, clean, in a reasonable state of repair and comply with all current regulations.
6. Property Description
6.1 The Agent is entirely responsible for ensuring that the descriptions of Properties advertised on the site, including photographs and floor plans, are accurate and not misleading.
6.2 The Agent is responsible for ensuring that description, photographs and floor plans are kept up to date and reflect the condition and state of the Property at the time it is advertised.
6.3 RentFair accepts no liability whatsoever for any inaccuracy in the description provided by the Agent of any Property advertised
7. Limitation on Liability and Indemnity
7.1 The following provisions set out the entire financial liability of RentFair (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Agent in respect of any breach of these terms and conditions or any representation, statement or tortious act or omission including negligence arising under or in connection with the agreement between the Landlord and/or the Agent and the Tenant.
7.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from these Terms and Conditions.
7.3 Nothing in these conditions excludes or limits the liability of RentFair:
7.3.1 for death or personal injury caused by RentFair's negligence; or
7.3.2 under section 2(3), Consumer Protection Act 1987; or
7.3.3 for any matter which it would be illegal for RentFair to exclude or attempt to exclude its liability; or
7.3.4 for fraud or fraudulent misrepresentation.
7.4 Subject to 7.2 and condition 7.3 above:
7.4.1 RentFair's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the service provided in accordance with these terms and conditions shall be limited to the amount of any annual membership fee charged (where applicable); and
7.4.2 RentFair will not be liable to the Agent, Landlord or Tenant for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the provision of services in accordance with these terms and conditions.
7.5 The Agent will indemnify and keep indemnified RentFair from and against all losses, damage or liability arising out of the breach of any of these terms and conditions or the failure of the Agent to comply with any legal or contractual obligations.
8. Privacy, Personal Information and Use of Cookies.
8.1 RentFair will use an Agent's personal information for the following purposes:
8.1.1 identification;
8.1.2 help administration, and contact an Agent about improved administration of any accounts, services and products RentFair has provided before, or provides now or in the future;
8.1.3 carry out marketing analysis and customer profiling (including with transactional information), conduct research, including creating statistical and testing information;
8.1.4 help to prevent and detect fraud or loss; and
8.1.5 contact an Agent in any way (including mail, email, telephone, visit, text or multimedia messages) about products and services offered by RentFair and selected partners.
8.2 RentFair may allow other people and organisations to use information it holds about Agents for the purpose of:
8.2.1 providing the services members have asked for;
8.2.2 as part of the process of selling one or more of RentFair's businesses; or
8.2.3 if RentFair has legitimately been asked to provide information for legal or regulatory purposes or as part of legal proceedings or prospective legal proceedings.
8.3 RentFair may use 'cookies' to monitor how people use the site. This helps RentFair to understand how its customers and potential customers use the site so it can develop and improve the design, layout and function of the site. If a member does not want RentFair to use cookies, the member must set their browser to reject cookies. However, if a browser is set to reject cookies that member may not be able to use some of the products or services on the site without cookies.
9. Content and Membership
9.1 Users of the site agree not to post any offensive or illegal material on the site and agree to indemnify RentFair fully against any breach of this condition.
9.2 RentFair reserves the right to remove or amend any advertisement and to bar any user from membership without prior notice where it considers that any of the terms of this agreement have been breached, or for any other reason. In all such matters RentFair's decision shall be final.
10. Copyright/Intellectual Property
10.1 The copyright in the material contained in this site belongs to RentFair or its licensed source. Any person may copy any part of this material, subject to the following conditions:
10.1.1 the material may not be used for commercial purposes;
10.1.2 the copies must retain any copyrights or other intellectual property notices contained in the original material;
10.1.3 to other intellectual property rights reserved by RentFair or by other third parties (and no licence is granted in respect of those intellectual property rights);
10.1.4 images on this site are protected by copyright and may not be reproduced or appropriated in any manner without the written permission of their respective owner(s).
11. Governing law and disputes
11 This agreement is governed by English law and any disputes shall be subject to the exclusive jurisdiction of the Courts of England and Wales.