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Rent To Buy Terms and Conditions

  • 1. THESE TERMS AND CONDITIONS
    • 1.1 You are reading a legal document which is the “User Agreement” (or “Terms and Conditions”) between you, a particular user of the Website (whom we refer to as “you” or “your” in this document), and us for your use of the Rent To Buy Service or the Website (as defined below). We are Rent To Buy.co.uk Limited, a company registered in England under number 6873493 with our registered office at 64 Clarendon Road, Watford, Hertfordshire, WD17 1DA, England and VAT number [***] (and we refer to ourselves as “Rent To Buy”, “we” or “us” or “our” in this document). If you have any comments, queries or suggestions about the Rent To Buy Service or the Website, you can write to us at this address or email us at [insert email address].
    • 1.2 Please read this User Agreement carefully. By accessing or using the Website (or enabling anyone else to do so) or by using any facilities or services made available through it, you are agreeing to these Terms and Conditions.
    • 1.3 These Terms and Conditions were most recently updated on 1 December 2009.
    • 1.4 We shall keep a copy of these Terms and Conditions, but you are advised to print and keep a copy of these Terms and Conditions and each amended version for your own records and future reference.
  • 2. DEFINITIONS
    • 2.1 In this User Agreement, unless the context otherwise requires:
      • “Account” means a User's registration for access to use of the Rent To Buy Service which enables him to be a Buyer or Seller (as applicable depending on the type of account);
      • “Buyer” means a User who uses the Website as a buyer, first time buyer or tenant;
      • “Fee” means any fee charged by Rent To Buy to a User for that User's use of a particular element of the Rent To Buy Service;
      • “Liability” has the meaning given to it in Clause 9.10;
      • “Property” means a property posted or sent to us or the Website by or on behalf of a Seller, or a property for which a Buyer is searching;
      • “Property Details” means User Material relating to a Property posted or sent to us or the Website by a Seller;
      • “Rent To Buy Service” means the service provided by Rent To Buy via our website where Sellers may post details of their Properties for potential use by Buyers on a lease option basis, and where Buyers may find details of Properties for their potential use on a lease options basis, together with some further ancillary services as set out on our website from time to time;
      • “Seller” means a User who uses the Website as a seller, investor or landlord;
      • “Third Party Website” means a website operated by a third party;
      • “User” means any person who has registered to use some or all of the Rent To Buy Service;
      • “User Funds” means the amount of money paid in advance by a User to Rent To Buy through Rent To Buy's online processing agent, for the User to call on in order to pay for using various functionality within the Rent To Buy Service;
      • “User Material” means any material, content, information, data, profiles, feedback, opinions, suggestions, portfolios, descriptions, documents, files, pictures, photographs, diagrams, designs, sketches, drawings, plans, specifications, lists, text, images, logos, graphics, names or trade marks, (in any form or in any media) uploaded or provided by the User (including relating to that User or their circumstances or that User's Property or Property requirements) to the Website, Rent To Buy or another User;
      • “Website” means our website from which we provide the Rent To Buy Service to Buyers and Sellers, whose current uniform resource locator is at www.renttobuy.co.uk.
    • 2.2 In this User Agreement:
      • 2.2.1 references to Clauses are to the clauses of this User Agreement;
      • 2.2.2 words importing a gender shall include the other gender and the neutral;
      • 2.2.3 references to persons and entities include individuals, bodies corporate, firms, partnerships or unincorporated associations;
      • 2.2.4 the singular includes the plural and vice versa;
      • 2.2.5 the headings to Clauses are inserted for convenience only and shall not affect the interpretation or construction of this User Agreement;
      • 2.2.6 references to “includes” or “including” or like words or expressions shall mean without limitation;
      • 2.2.7 references to any statute or statutory provision shall include any subordinate legislation made under it, any provision which it has modified or re-enacted (whether with or without modification) and any provision which subsequently supersedes it or re-enacts it (whether with or without modification); and
      • 2.2.8 references to “written” or in “writing” (except in respect of sending a notice in accordance with Clause 11.8) includes in electronic form.
    • 2.3 We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted in the latest Terms and Conditions online on the Website, although we may also email you with the latest draft. We may introduce the changes with or without notice to you, although where we reasonably consider the change to be significant, we shall endeavour to give at least 30 days' warning of the changes. However, in any event, you are responsible for regularly reviewing information posted online and the latest Terms and Conditions to obtain timely notice of all changes. You may terminate this User Agreement by informing us (by post or email to the addresses in Clause 1.1) and cease using the Website if you do not wish to be bound by the new or revised Terms and Conditions. However, your continued use of the Rent To Buy Service or the Website will be deemed to constitute your acceptance of the new or revised Terms and Conditions.
  • 3. REGISTRATION FOR THE RENT TO BUY SERVICE AND SETTING UP AS A BUYER OR SELLER
    • 3.1 Please note that you need to register to become a User and to be able to have the functionality available for Buyers and Sellers through the Website.
    • 3.2 Please note that to use the Website you must be 18 years of age or over.
    • 3.3 We reserve the right to prevent you using the Website or the Rent To Buy Service (or any part of them) and we reserve the right to decline a new registration, and we or you may also terminate your registration at any time by terminating this User Agreement by written notice to the other (by post or email to the last known postal or email address of the other).
    • 3.4 If you register for the Rent To Buy Service, it enables you to act as a Buyer or Seller.
    • 3.5 To register for the Rent To Buy Service you may need to supply us with the following information: your name, gender, date of birth, address, email address, telephone numbers, password, details of the Property that you have or are interested in, relevant dates for moving, your earnings (if you are a Buyer), how much money you have to take part (if you are a Buyer), what you can afford in rent (if you are a Buyer), your current property circumstances, and such other details as we require. You may also be given the opportunity to register other information (for example, for Sellers, this may include your Property and User Materials relating to your Property). You must use your own details and not impersonate another person or adopt a false identity.
    • 3.6 You must not choose a password that can be readily guessed. If you think that you may have allowed a third party to see or use your password other than with your permission, you must inform us immediately and we will suspend use of the Rent To Buy Service under that password (but in any event you shall be responsible for any use under that password until we do so). You agree to regularly change your password and in any event when we require.
    • 3.7 You must keep your password strictly confidential and secure and immediately notify us if any unauthorised third party becomes aware of that password or if you become aware of any unauthorised use of your email address or password or there is any breach of security known to or suspected by you. You agree that any person to whom your password is disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) the Rent To Buy Service and Website. Please note that you are entirely responsible if you do not maintain the confidentiality of your password. You are also entirely responsible for bringing this User Agreement to the attention of all persons who may access the Rent To Buy Service through your password or your Internet connection.
    • 3.8 As part of your submission of initial registration details to the Website, we may send an email to the email address you have given, requiring you to follow the instructions in that email in order to be able to use the Rent To Buy Service.
    • 3.9 When you register to be a User, you may need to register for use of a particular part of the Rent To Buy Service for which you must pay a Fee. This will be apparent from the part of the Website when you wish to use a particular part of the Rent To Buy Service. In that case, you must pay for all Fees relevant for use of that part of the Rent To Buy Service for the relevant period out of your User Funds in advance. Those Fees are as described on the Website from time to time.
    • 3.10 If you register for a fee-paying Account, your subscription for that Account will last for the period for which you have paid in advance[, and will then automatically renew for the same (or corresponding level) for the corresponding length of time on the expiry of that period, unless you inform us in writing before renewal is due to take place]. If there are not sufficient amounts in your User Funds, either initially or on renewal or when any part of the Fees are due to us, we may terminate your access to the fee-paying Account.
    • 3.11 The level of functionality open to you for a particular Account shall be as described in the Website from time to time and may change, but for any period for which you have paid in advance it shall be no less than at the beginning of that period.
  • 3. PROVISION AND USE OF THE RENT TO BUY SERVICE AND WEBSITE
    • 4.1 Our provision and your use of the Rent To Buy Service and/or the Website are subject to these Terms and Conditions.
    • Sellers Posting Property Details
    • 4.2 If you are acting as a Seller, you can use the Rent To Buy Service to post or send to us or the Website Property Details relating to as many Properties as you are permitted by your Account level for a particular time period.
    • 4.3 You are responsible for posting all Property Details.
    • 4.4 You must pay for the Fees relevant for posting or sending the Property Details out of your User Funds in advance. Those Fees are as described on the Website from time to time.
    • 4.5 You are responsible for completing the relevant fields as permitted by the Website, within the confines of the scope of available functionality for the level of your Account for which you have paid.
    • 4.6 You are responsible for deciding how long you want the Property to be available for viewing on the Website and any Third Party Website to whom we send your Property Details.
    • 4.7 Unless we reasonably believe that you are in breach of this User Agreement, we shall within a reasonable time post your Property Details to the Website and send those Property Details to such Third Party Websites as we say on the Website when you have paid the Fees for your Account.
    • 4.8 According to your particular Account level and Fees paid, we shall either post your contact details with the details about your Property or we shall post our own contact details with the details about your Property. If we post our contact details, we shall endeavour to pass on any messages to you as soon as practicable.
    • 4.9 You may ask us to remove your Property Details at any time. We will respond to that request within a reasonable time. However, we cannot guarantee the responses or decisions taken by Third Party Websites.
    • 4.10 The Seller may have none, one or more potential Buyers through the Rent To Buy Service or Third Party Websites. We cannot guarantee that the Seller will have any particular Buyers or suitable Buyers, nor that the Seller will make any particular money or realise any particular savings or profits or benefits as a result of using the Rent To Buy Service.
    • Buyers viewing Property Details
    • 4.11 If you are acting as a Buyer, you can use the Rent To Buy Service to try to find appropriate Properties.
    • 4.12 We may also send to you details of Properties that we think may be of interest to you, based on the User Material that you have provided to us or to the Website. However, we do not guarantee that we will send you all Property Details relevant to your circumstances and it is your responsibility to view the Website regularly to see if there is anything of interest to you.
    • 4.13 You are responsible for carrying out such checks and due diligence to ensure that all Properties are suitable for your own particular needs.
    • 4.14 You agree to contact the contact details relating to the Property provided on the Website. If those contact details are to us, we shall endeavour to pass on your message to the Seller as soon as practicable.
    • 4.15 The Buyer may find none, one or more potential Properties through the Rent To Buy Service. We cannot guarantee that the Buyer will have any particular Properties or suitable Properties. We also cannot guarantee that the Buyer will make any particular money or realise any particular savings or profits or benefits as a result of using the Rent To Buy Service.
    • Communicating with other Users
    • 4.16 It is your responsibility to communicate with other Users and ensure that you have sufficient information about the other User or their Property or Property Requirements or situation before you enter into any binding legal obligations with them.
    • 4.17 The Seller may select the Buyer according to whatever criteria that it wishes.
    • 4.18 You must not enter into an agreement or arrangement with another User unless you expect to be able to be fully available to fulfil the agreement or arrangement with that other User.
    • 4.19 Even if a Buyer and Seller have agreed to progress in principle, they will not be deemed to have entered into a binding legal agreement with each other unless and until they have decided to do so outside of the Rent To Buy Service process. That is a matter entirely for the relevant Buyer and Seller and not us. The Rent To Buy Service is made available to you solely to provide a facility for you to find out about potential parties with whom you may wish to enter into a contract, and not to create the contract itself.
    • 4.20 We will not be party to any arrangement, agreements or meetings made between you and any other User and all such arrangements and agreements are subject to any terms and conditions agreed between you and those other Users. If you need to make the agreement with the Buyer or Seller subject to any specific terms or conditions or as to payment terms, that is something you must agree with them before your legally binding agreement is formed with them.
    • 4.21 We may provide the facility for you to communicate with other Users, but we will not be responsible if other Users do not respect the privacy or confidentiality or security of your information, or if you reveal any further information about yourself or other people. We are also not responsible for any User Material (including Property Details) provided by a User, including how accurate or up-to-date or fair it is.
    • 4.22 We will not be responsible for any liability, loss, damage, injury, cost, expense, fine, demand, claim or proceeding incurred by any person (including for death, personal injury, damage to property or pure financial loss) arising out of or in relation to any arrangement, agreement, meeting or communication made by you with any other person as a result of using the Rent To Buy Service. This is subject to us not excluding Liability in accordance with Clause 9.2 (to the extent that we have any such Liability).
    • 4.23 You acknowledge that any examples, tips, recommendations or suggestions that we may provide through the Rent To Buy Service are for convenience only, and that they may not apply or be relevant to you or to your circumstances. It is entirely your responsibility to do whatever is right for you or in your best interests.
    • 4.24 You agree to comply fully with any agreement or arrangement you make with any other User.
    • User Material
    • 4.25 As between you and us, you shall retain ownership of any User Material you submit to us or the Website. You hereby waive your moral rights in such User Material and grant us a royalty-free, perpetual, irrevocable, assignable, sub-licensable, worldwide, non-exclusive right and licence to use, copy, modify, edit, adapt, translate, publish and distribute (in our absolute discretion) any such User Material transmitted by you to us or the Website for any purpose whatsoever (including for display on the Website and any relevant Third Party Websites and for marketing and promoting the Rent To Buy Service), save to the extent that any such User Material is clearly intended to be of private correspondence. You hereby warrant that:
      • 4.25.1 you have sufficient rights or licence in order to be able to send any such User Material to us or to the Website or to any User, and for us and the Website and relevant Third Party Websites and other Users to use the User Material in any ways intended to be used (as described in this User Agreement); and
      • 4.25.2 in submitting any such User Material to us or to the Website or to any third party, you shall not in any way breach or infringe Clause 4.44.
    • 4.26 We shall not monitor or pre-screen any comments or User Material made or submitted by any person, but we reserve the right in our absolute discretion to block access to, omit, remove, suspend or edit any User Material that you or any User transmits, posts or sends to us or the Website (temporarily or permanently), in whole or in part, which in our reasonable opinion may breach this Agreement or may give rise to a breach of this Clause 4 or to any Liability for us or any third party.
    • 4.27 Any views and comments in User Material are those of the relevant authors and do not reflect the views of us or any of our officers or employees. We shall not be responsible for any User Material submitted or supplied by any User.
    • 4.28 Pictures, photographs, artists' impressions, dimensions, site plans and descriptions on this Website are for purposes of giving a general impression only and may not be an accurate reproduction or representation. No picture, photograph, artists' impression, site plan or dimension given through this Website is intended to give an accurate description of any Property or its setting or surroundings. Dimensions and site plans are approximate. Buyers must take appropriate steps to verify by independent inspection or enquiry all information.
    • 4.29 All comments, suggestions, ideas, notes, drawings, concepts or other information disclosed or offered to us by you or in response to solicitations by us regarding the Rent To Buy Service or the Website (each being “Ideas”) shall be deemed and shall remain our property. You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.
    • General Rules
    • 4.30 You agree not to circumvent the Rent To Buy Service or process on the Website or Fee that are due or that would otherwise be due to us if you had used the Rent To Buy Service.
    • 4.31 When we provide User Material supplied by other Users, we are dependent on data provided by them. We do not warrant and we exclude all Liability in respect of the accuracy, completeness, currency, fitness for purpose or legality of any information accessed using the Rent To Buy Service on or accessed via the Website or otherwise communicated to you relating to another User or their Property or Property requirements or Property Details.
    • 4.32 We will use our reasonable endeavours to correct any errors or omissions in the Rent To Buy Service or Website as soon as practicable after being notified of them. However, we do not guarantee that the Rent To Buy Service or the Website will be free of faults and we do not accept liability for any errors or omissions. In the event of a fault in the Rent To Buy Service, you should report it by email to: [support@renttobuy.co.uk].
    • 4.33 You shall ensure that all User Material provided by or on behalf of you to us, the Website and other Users (whether through the Website or not) is true, complete and accurate and you shall promptly inform us in writing of any changes to such information.
    • 4.34 If the Website and the Rent To Buy Service is accessed by you from outside the United Kingdom, this is entirely at your risk. We make no representation that the Rent To Buy Service (or any Services referred to in the Website) are available or otherwise suitable for use outside of the United Kingdom. If you choose to access or use the Website or Rent To Buy Service from or in locations outside the United Kingdom, you do so on your own initiative and are responsible for:
      • 4.34.1 ensuring that what you are doing in that country is legal; and
      • 4.34.2 the consequences and compliance by you with all applicable laws, regulations, byelaws, codes of practice, licences, registrations, permits and authorisations (including any laws that relate to businesses providing services).
    • 4.35 We do not warrant that your use of the Rent To Buy Service or the Website will be uninterrupted and we do not warrant that any information transmitted to or from us or the Website will be transmitted accurately, reliably, in a timely manner or at all.
    • 4.36 We do not give any warranty that the Rent To Buy Service or the Website is free from viruses or anything else which may have a harmful effect on any technology.
    • 4.37 Also, although we will try to allow uninterrupted access and minimise any downtime to the Rent To Buy Service and the Website, access to the Rent To Buy Service and the Website may be suspended, restricted or terminated at any time for any reason (including for necessary maintenance or introduction of new functionality or content).
    • 4.38 Subject to Clause 3.11, we reserve the right to change, modify, substitute, suspend or remove without notice any information or service on the Website or forming part of the Rent To Buy Service from time to time without notice to you. Your access to the Website and/or the Rent To Buy Service may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can.
    • 4.39 You agree to comply at all times with any instructions for use of the Rent To Buy Service in this User Agreement or which we display on the Website from time to time.
    • 4.40 Nothing on the Website shall constitute advice specific to your circumstances or a recommendation. You should take appropriate professional advice on anything referred to on this Website. We are not an estate agent or licensed with the Financial Services Authority to provide investment advice. Please be aware that property values can decrease as well as increase.
    • 4.41 We assume no responsibility for the content or services or acts or omissions of any other websites or services to or from which the Website or the Rent To Buy Service has links nor for any Third Party Websites to whom we supply any Property Details. The links are provided with no warranty, express or implied, for the information provided within those sites.
    • 4.42 No one is entitled to frame any of the Website onto another website without our prior written consent (which may be withheld in our absolute discretion).
    • 4.43 We hereby grant to you a revocable, non-exclusive, royalty-free right to provide a link from your website to the home page of the Website, provided that you do so in a fair and legal way without damaging our reputation or taking advantage of it. In particular:
      • 4.43.1 you shall not make any warranties or representations about us, our Rent To Buy Service, our data, our software or our policies except with our prior express authorisation;
      • 4.43.2 you shall not say anything that is false, misleading, derogatory or offensive about us or the content of the Website, our Rent To Buy Service, our data, our software or our policies; and
      • 4.43.3 you shall not suggest expressly or implicitly that we have endorsed or approved you, your Services or your site or are associated with it where this is not the case.
    • 4.44 The following uses of the Rent To Buy Service (and Website) are expressly prohibited and you undertake not to do (or to permit or encourage or entice or induce anyone else to do), directly or indirectly, any of the following:
      • 4.44.1 send or receive any material which is grossly offensive, harassing, threatening, malicious, abusive, of an indecent, obscene, pornographic or menacing character, vulgar, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, or which may infringe any intellectual property rights (including copyright), rights of personality, publicity or privacy or any third party rights of any nature;
      • 4.44.2 send or post any User Material or do anything that unfairly takes advantage of or exploits anyone under the age of 18 or anyone who is not in a fit and proper state to be able to look after their own best interests, nor seek to enter into a contract or agreement with any such person;
      • 4.44.3 send or post any inaccurate or incomplete or misleading User Material;
      • 4.44.4 use the Website or Rent To Buy Service for a purpose other than which we have designed them or intended them to be used;
      • 4.44.5 use the Website or Rent To Buy Service in any way which breaches any laws, regulations, byelaws, codes of practice, licences, registrations, permits or authorisations;
      • 4.44.6 use the Website or Rent To Buy Service for any fraudulent, criminal or unlawful purpose or for inciting, encouraging or enticing any fraudulent, criminal or unlawful purpose (including using a payment card which is not yours to use);
      • 4.44.7 impersonate any other person or body or misrepresent a relationship (or a lack of a relationship or a different relationship) with any person or body (including wrongfully suggesting we have endorsed or recommended you);
      • 4.44.8 do anything other than in conformance with accepted Internet practices and practices of any connected networks;
      • 4.44.9 act in a discriminatory way;
      • 4.44.10 do anything in a way that we consider may be contrary to our interests;
      • 4.44.11 resell the Rent To Buy Service (or Website) without our prior written consent;
      • 4.44.12 attempt to circumvent our security or network including accessing data not intended for you, log into a server or account you are not expressly authorised to access, or probe the security of other networks (such as running a port scan);
      • 4.44.13 use, deliver or transmit any viruses, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
      • 4.44.14 access the Rent To Buy Service (or Website) in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure;
      • 4.44.15 interfere or attempt to interfere with the proper working of the Website or Rent To Buy Service;
      • 4.44.16 execute any form of network monitoring which will intercept data not intended for you; or
      • 4.44.17 harvest or otherwise collect any information or data about Users without their express consent.
    • 4.45 We do not warrant that the Website will be compatible with all hardware and software which you may use. Although we may put in place security measures for your protection, (subject to Clause 9.2) we shall not have any Liability for damage to, or viruses or other code that may affect, any computer equipment, software, data or other property as a result of your access to or use of the Website or your obtaining any material from, or as a result of using, the Website. We shall also not have any Liability for the actions of third parties in breaching any security measures.
    • Your statutory rights
    • 4.46 As a consumer, nothing in this User Agreement affects your non-excludable statutory rights.
  • 5. PAYMENT
    • 5.1 Please note that you will always be clearly informed of any applicable Fees before you go ahead with any aspect of the Rent To Buy Service. Payment of any charges is done through PayPal. We do not retain any details of your payment cards.
    • 5.2 You must have the authority to use any payment card or account used to pay us, and you must not use any stolen cards or materials. The card must have sufficient User Funds to cover the proposed payment to us.
    • 5.3 Unless otherwise stated on the Website, all prices due to us are inclusive of value added tax (if applicable), but exclusive of all other taxes and duties and charges which you shall pay in addition at the same time as payment of other sums due.
    • 5.4 Payment of all sums due to us shall be made by you in full without any set-off, deduction or withholding whatsoever.
    • 5.5 The payments currently required by you to us are as described in Clauses 3 and 4.
    • 5.6 The User is responsible for ensuring that it has enough User Funds at any one time in order to enable any use of the Rent To Buy Service to proceed. If the User does not have enough User Funds in its account, then the aspect of the Rent To Buy Service will not proceed, and the User shall indemnify and hold us harmless against any and all losses, liabilities, claims, demands, judgments, settlements, costs and expenses that we incur or suffer (including to any other Users) as a result.
    • 5.7 Except to the extent that we are in breach of this Agreement, once any User Funds has been applied to a Rent To Buy Service, those User Funds shall be non-refundable.
    • 5.8 Any payments that you have made into an account with us as User Funds which have not yet been used to pay for any Fees may be withdrawn by you until they have been used.
    • Payments between Users
    • 5.9 You are responsible for transmitting all payments due to other Users on the terms agreed with those other Users and we shall have no responsibility for or involvement with transmission of payments between Users.
  • 6. INTELLECTUAL PROPERTY RIGHTS
    • 6.1 All intellectual property rights of any nature anywhere in the world (including all copyright, database rights, patents, trade marks, service marks, trade names, designs (including the “look and feel” and other visual or non-literal elements), whether registered or unregistered) in the Website and Rent To Buy Service, information and content and material on or accessible from the Website, any database operated by us, software on the Website and all the Website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights not expressly granted by us are reserved.
    • 6.2 None of the material described in Clause 6.1 may be reproduced or redistributed without our prior written permission. You may, however, retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices in any electronic or hard copy of the material or the Website. You shall not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without our permission.
    • 6.3 No part of the Website or the material described in Clause 6.1 may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission or as provided by law.
    • 6.4 If you quote from the Website, you must do so fairly and give due accreditation to the author and us and reference to the Website.
    • 6.5 Except to the extent that we expressly permit, you must not modify any material described in Clause 6.1.
    • All rights (including goodwill) in the Rent To Buy names and logos are owned by us (or our licensors). Other product and company names mentioned on the Website are the trade marks of their respective owners.
  • 7. TERM, SUSPENSION AND TERMINATION
    • 7.1 This User Agreement shall commence on the date on which you agree to this User Agreement when submitting your details to become a User. The Rent To Buy Service will commence as soon as you have become a User, and further elements of the Rent To Buy Service will commence as soon as you have authorised us to collect payment for the Fee from your User Funds. Accordingly, you will not have a cooling off period under the Consumer Protection (Distance Selling) Regulations 2000 (or any other similar law) in which to cancel this User Agreement (or any aspect under it) and ask for a refund of any Fees paid, once you have followed the initial instructions upon registration.
    • 7.2 Each of you and we shall be entitled immediately or at any time (in whole or in part), without Liability to the other, to: i) suspend the Rent To Buy Service and/or Website (in whole or in part); ii) suspend your use of the Rent To Buy Service and/or Website (in whole or in part); iii) suspend the use of the Rent To Buy Service and/or Website (in whole or in part) for persons we believe to be connected (in whatever manner) to you or another suspended or terminated or banned User (including who may have the same or similar email address or Internet protocol address to you or them); and/or iv) terminate this User Agreement immediately; if:
      • 7.2.1 the other commits any material breach of these Terms and Conditions; or
      • 7.2.2 you or we suspect, on reasonable grounds, that the other has, might or will commit a material breach of these Terms and Conditions.
    • 7.3 If we suspend or terminate your use of the Rent To Buy Service and/or Website (in whole or in part) under Clause 7.2, you shall not attempt to use or access the Rent To Buy Service and/or the Website directly or indirectly under any other name or User.
    • 7.4 If we suspend the Rent To Buy Service or Website (in whole or in part), we may refuse to restore the Rent To Buy Service or Website until we receive an assurance from you, in a form we deem acceptable that there will be no further breach of the provisions of this User Agreement.
    • 7.5 Either you or we may terminate this User Agreement immediately by notice to the other without cause. If we terminate this User Agreement under this Clause 7.5, then provided you have not been in any breach of this User Agreement, we will return any money paid by you towards the User Funds which have not yet been spent on our Fees as at time of termination. In all other cases (except to the extent that we have been in material breach of this User Agreement), any other Fees paid by you shall be non-refundable.
    • 7.6 Each of your and our rights to terminate this User Agreement shall not prejudice any other right or remedy you or we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
  • 8. INDEMNITY
    • 8.1 You shall fully and promptly indemnify and keep indemnified us against all liabilities, losses, damages, injuries, costs, expenses, fines, demands, claims and proceedings suffered or incurred by us arising (directly or indirectly) out of:
      • 8.1.1 any claims or legal proceedings arising from your use of the Rent To Buy Service or Website or use of the Rent To Buy Service or Website through your password, which are brought or threatened against us by any person; or
      • 8.1.2 any breach of this User Agreement by you; or
      • 8.1.2 any liability owed by you to another User.
  • 9. LIMITATION OF LIABILITY
    • 9.1 This Clause 9 prevails over all other Clauses and sets forth our entire Liability, and your sole and exclusive remedies, in respect of:
      • 9.1.1 the performance, non-performance, purported performance or delay in performance of this User Agreement or the Rent To Buy Service or Website (or any part of it or them); or
      • 9.1.2 otherwise in relation to this User Agreement or the entering into or performance of this User Agreement.
    • 9.2 Nothing in this User Agreement shall exclude or limit our Liability for (i) the tort of deceit; (ii) death or personal injury caused by our Breach of Duty; (iii) any breach of the obligations implied by s.12 Sale of Goods Act 1979 or s.2 Supply of Goods and Rent To Buy Services Act 1982; or (iv) any other Liability which cannot be excluded or limited by applicable law.
    • 9.3 In performing any obligation under this User Agreement, our only duty is to exercise reasonable care and skill.
    • 9.4 We do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Rent To Buy Service or Website; and we exclude all Liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature.
    • 9.5 Save as provided in Clause 9.2, we do not accept and hereby exclude any Liability for loss of or damage to your (or any person's) tangible property other than that caused by our Breach of Duty.
    • 9.6 Save as provided in Clauses 9.2 and 9.5, we do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the terms of this User Agreement.
    • 9.7 Save as provided in Clause 9.2, we shall have no Liability for:
      • 9.7.1 loss of revenue;
      • 9.7.2 loss of actual or anticipated profits;
      • 9.7.2 loss of contracts;
      • 9.7.2 loss of the use of money;
      • 9.7.2 loss of anticipated savings;
      • 9.7.2 loss of business;
      • 9.7.2 loss of operation time;
      • 9.7.2 loss of opportunity;
      • 9.7.2 loss of goodwill;
      • 9.7.2 loss of reputation;
      • 9.7.2 loss of, damage to or corruption of data; or
      • 9.7.2 any indirect or consequential loss;
    • and such Liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of doubt, Clauses 9.7.1 to 9.7.10 apply whether such losses are direct, indirect, consequential or otherwise.
    • 9.8 Save as provided in Clause 9.2, our total Liability to you or any third party shall in no circumstances exceed, in aggregate, a sum equal to the greater of: a) £100; or b) 200% of any aggregate amount paid by you to us in the 12 months preceding any cause of action arising.
    • 9.9 The limitation of Liability under Clause 9.8 has effect in relation both to any Liability expressly provided for under this User Agreement and to any Liability arising by reason of the invalidity or unenforceability of any term of this User Agreement.
    • 9.10 In this Clause 9:
      • 9.10.1 “Liability” means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with this User Agreement, including, without limitation, liability expressly provided for under this User Agreement or arising by reason of the invalidity or unenforceability of any term of this User Agreement (and for the purposes of this definition, all references to “this User Agreement” shall be deemed to include any collateral contract); and
      • “Breach of Duty” means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty).
  • 10. DATA PROTECTION
    • 10.1 Please see our Privacy Policy which forms part of this User Agreement.
    • 10.2 You must have the express consent of any third party (including any other colleagues) in order for you to disclose or post details about that other third party to us or to the Website and you will be responsible for ensuring that such third party has agreed to this User Agreement before you send any data about them to us or the Website.
    • 10.3 We may amend or remove data relating to any living individual if they ask us to do so, even if that person is apparently represented by you.
  • 11. GENERAL
    • 11.1 No partnership/agency: Nothing in this User Agreement shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
    • 11.2 No other terms: Except as expressly stated in this User Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
    • 11.3 Assignment: You shall not assign or delegate or otherwise deal with all or any of your rights or obligations under this User Agreement without our prior written consent (which consent we may grant or withhold in our absolute discretion).
    • 11.4 Force majeure: Neither party shall have any Liability for any breach, hindrance or delay in performance of its obligations under this User Agreement which is caused by an Event of Force Majeure, regardless of whether the circumstances in question could have been foreseen. An “Event of Force Majeure”means any cause outside of the party's reasonable control, including act of God, actions or omissions of third parties (including hackers, suppliers, couriers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil war, civil commotion, war, hostilities, threat of war, warlike operations, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions, national emergencies, terrorism, nuclear, chemical or biological contamination or sonic boom, piracy, arrests, restraints or detainments of any competent authority, blockade, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, adverse weather conditions, loss at sea, earthquake, natural disaster, accident, collapse of building structures, failure of plant machinery or machinery or third party computers or third party hardware or vehicles, failure or problems with public utility supplies (including general: electrical, telecoms, water, gas, postal, courier, communications or Internet disruption or failure), shortage of or delay in or inability to obtain supplies, stocks, storage, materials, equipment or transportation.
    • 11.5 Entire Agreement: This User Agreement (and our Privacy Policy and any other document referred to in this User Agreement and any other terms and conditions specifically agreed between you and us in writing) contains all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior User Agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to this User Agreement except as expressly stated in this User Agreement. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into this User Agreement (unless such untrue statement was made fraudulently or was as to a matter fundamental to a party's ability to perform this User Agreement) and that party's only remedies shall be for breach of contract as provided in this User Agreement. However, the Rent To Buy Service is provided to you under our operating rules, policies, and procedures as published from time to time on the Website.
    • 11.6 No waiver: Unless a party expressly states in writing that it is waiving a particular power, right or remedy in a particular stated instance, no failure or delay or omission by either party in exercising any power, right or remedy under this Agreement or at law shall operate as a waiver of such power, right or remedy; and no waiver in any particular instance shall extend to or affect any other or subsequent event or impair any powers, rights or remedies in respect of it or in any way modify or diminish that party's other powers, rights or remedies under this User Agreement or at law.
    • 11.7 Severability: If any provision of this User Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this User Agreement shall not be affected.
    • 11.8 Notices: Unless otherwise stated within this User Agreement, notices to be given to either party shall be in writing and shall be delivered by hand or prepaid overnight courier mail or by fax, which shall be sent to you at the address supplied to us or the Website or to us at our address as specified on the Website. Notices shall be deemed received when delivered (and in the case of fax, this shall be upon receipt of an answerback message to the sender's machine).
    • 11.9 No third party rights: Unless expressly provided in this User Agreement, no term of this User Agreement is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
    • 11.10 Survival: The provisions of Clauses 1, 2, 5, 6, 7, 8, 9, 10 and 11, and the disclaimers in this User Agreement relating to use of the Rent To Buy Service or to third parties, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of this User Agreement.
    • 11.11 Governing law: This User Agreement (and any non-contractual right or obligation arising out of or in relation to it) shall be governed by and construed in accordance with English law and the User hereby submits to the jurisdiction of the English courts. The parties irrevocably agree that the English courts shall have exclusive jurisdiction over any claim or matter brought by the User in relation to this Agreement. Nothing in this Clause 11.11 shall limit our right to take proceedings against the User in any other court of competent jurisdiction. All dealings, correspondence and contacts between the parties shall be made or conducted in the English language.
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