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These Terms and Conditions govern your use of the website and your relationship with Landlords Alert (Landlords Alert, we or us). Please read them carefully as they affect your rights and liabilities under the law. Please note that to use any of the services provided on the website, you are required to register as an authorized member/user of the website.
This Agreement sets out the legally binding terms of your use of the Website and your membership in the Service and may be modified by us from time to time, such modifications to be effective upon posting by us on the Website. This Agreement includes Landlords Alert's Acceptable Use Policy for content posted on the Website, Privacy Policy, and any notices regarding the Website. If you require a copy of this agreement please contact us by email with the subject 'Agreement Request'.
1. Eligibility.
You must be 18 years old or over to register as a member or use the Website. Membership of the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
2. Term.
This Agreement will remain in full force and effect while you use the Website and/or are a Member. We may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to us. If we terminate your membership of the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees. Even after this Agreement is terminated, certain provisions will remain in effect, including sections 6, 7, 9 and 11-20.
3. Membership.
(a) Types of Membership
Landlords Alert will in their sole discretion determine the type of membership (i.e. either 'Landlord', 'Estate Agent' or 'Social Landlord') users are entitled to hold. Should Landlords Alert feel that an incorrect membership registration has taken place they reserve the right to cancel that membership.
Anyone wishing to register as a 'Estate Agent' is expected to have a shop-front office open to members of the public during normal trading hours.
Only Social Landlords known to us may register. If you are a social landlord not yet known to us please contact us regarding registration.
Landlords Alert will have sole judgement over whether any person, body or organisation is deemed to have met any requirement for membership including but not limited to those stated above.
(b) Introductory Pricing - Membership Fees
For a limited period only the first year's membership is discounted. This offer will be withdrawn at a later date without prior notice. Those who have registered during this introductory offer will be required to pay normal membership fees as quoted on the site at the time they are asked to renew their annual membership. Renewal will be offered 12 months from the initial registration.
(c) Definition of Property Advertising
Properties that are only visible to Members are not deemed to be advertised. A property is deemed to be advertised when it is made visible to the general public on www.hspropertyfinder.com .
(d) Advertising Fees
For a limited period property advertising is free to all members. Free advertising privileges will be withdrawn without prior notice at a later date.
4. Landlords Alert LLP Refund Policy
Landlords Alert LLP strives to provide the very best Tenant Database and Property Management Website. We work hard to ensure that our clients needs are met with the highest standards through our software and to promote a fully functional database with all the features and functionality necessary to cater for this.
In addition, we offer a 7-day refund period, during which you can fully test and evaluate our system. There are no restrictions or limitations on the system during this period, so users have the ability to see how the site works in its entirety. To obtain a refund please send us your user registration details, username and number from your payment advice, and date of transaction. We would also appreciate it if you could inform us why you are cancelling your subscription.
The service is fully supported at all times; if you have any questions or need help please use our Contact Us page, or call us on 0800 1077 941 or 0800 1077 942 between the hours of 10am and 4pm Monday to Friday.
After the 7 day period has expired we have a no-refund policy except in the following circumstance : the product is faulty and the fault cannot be rectified within 14 working days of notification to us via phone or email.
If you feel that our service is faulty in any way please Contact Us explaining the problem and we will take immediate action.
All refunds will be made within 30 days of application. We will contact you by e-mail to confirm the result of your request. Refunds will be made by cheque or direct bank transfer.
5. Non Commercial Use by Members.
The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavours. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or duplication of the Website will be investigated and appropriate legal action will be taken including - without limitation - civil, criminal, and injunctive redress.
6. Proprietary Rights as to content on www.landlordsalert.com.
We own and retain all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Landlords Alert and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
7. Content posted on the Website.
a. You understand and agree that we may review and delete any content, messages, www.landlordsalert.com Messenger messages, photos or profiles (collectively, "Content") that in the sole judgment of Landlords Alert violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
b. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.
c. By posting Content to any public area such as the notice board of www.landlordsalert.com you are responsible for its contents. We take no legal responsibility in any contractual dealing; it is solely an agreement between the seller (or service provider) and buyer. Nor do we accept responsibility for any incorrect or misleading information in any notice or for any content posted on the website by Members or non-Members.
d. The following is a partial list of the kind of Content that is illegal or prohibited on the Website.
We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. This includes Content that:
• involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
• promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
• promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
• contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
• provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
• provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
• solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
• engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
e. You must use the Service in a manner consistent with any and all applicable laws and regulations.
f. You may not engage in advertising to, or solicitation of, other Members through the Service. You may not transmit any chain letters or junk email to other Members. Although we cannot monitor the conduct of Members on the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.
8. Copyright and Intellectual Property Rights.
The contents of www.landlordalert.com such as text, graphics, images, logos, software and any software code are protected under U.K. and international copyright trademark and other law. All contents and their arrangement on www.landlordsalert.com are our property or the property of our suppliers and clients. You must not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Customer Services with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Landlords Alert Copyright notice of claims of copyright infringement can be reached as follows: Customer Services of Landlords Alert PO Box 1668, Croydon CR9 1TS
9. User ID
The website will generate a passord automatically, and you must choose your user ID. You are responsible for all actions taken under that User ID and password and shall only use or utilise the Website using your own User ID and password. You must use every effort to keep your password safe and should not disclose it to any other person. You shall not transfer or sell your User ID to any other person. You shall also not permit, either directly or indirectly, allow any other person to utilise your User ID or password.
10. Member Disputes.
You are solely responsible for your interactions with other Members. We reserve the right, but have no obligation, to monitor or intervene where disputes have taken place between you and other Members.
11. Privacy.
Use of the Website and/or the Service is also governed by our Privacy Policy.
12. Disclaimers.
We are not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. We are not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and we expressly disclaim any warranty of fitness for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from use of the Website and/or the Service.
13. Limitation on Liability.
Except in jurisdictions where such provisions are restricted, in no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Website or the Service, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Landlords Alert's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Landlords Alert for the Service during the term of membership.
14. Disputes.
If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by UK laws.
15. Indemnity.
You agree to indemnify and hold Landlords Alert, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable solicitors fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
16. Other.
This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and Landlords Alert regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
17. Notice.
We may amend this User Agreement at any time by giving you notice ("Notice") by posting the amended User Agreement on the Site. We may alter our current pricing structure if it is deemed necessary to support changes made to the service.
18. Contract and Consent Form.
All Landlords, Agents and Social Landlord Organisation(s) must adhere to the principles of The Data Protection Act 1998 and Human Rights Act 1998 and obtain permission from the Tenants to upload photographic images and store information about the Tenant on the register. This information will be shared to third party members who hold the tenant ID. We provide consensual documents such as tenancy agreements and consent forms which meet this criteria.
Landlords, Agents and the Social Landlords must 'not' transmit any tenant details obtained from the Landlords Alert register to any persons who have not obtained consent from the tenant, as per the Data Protection Act 1998.
19. Posting Pictures.
It is not permitted to upload photos which are obscene or offensive in any way. Pictures of this kind will be removed by a member of the Admin team. If you see an image which you feel is inappropriate, then please use the "Report Site Misuse" button on the right hand side (green panel area) to alert the Admin team.
20. Tenant Clause.
Tenant information will be held on the Landlords Alert database as provided by Landlords and Agents and those Tenants identified in the category as ‘Tenant Alerts’ will have their details displayed for a period of up to twelve years for tracking and historical statistical purposes. By accepting these terms and conditions, you are legally bound by the terms as set out above.
21. Gender references.
We may use the "she" or "he", "his" or "hers" pronouns interchangeably throughout our publications. No preference is given to either gender and of course laws apply equally to both.
Please contact us with any questions regarding this agreement.
