It is important that You are aware of the following terms and conditions relating to the use of Our Website and Our Services before You agree to either use the Website or commission Our Services. Please therefore read these terms and conditions carefully before using Our Services or this Website.
Definitions
Certain words and phrases used in these terms and conditions have specific meanings. We have set out the definition of such words and phrases below:
Applicable Laws means all applicable laws, statutes, statutory instruments, regulations, bylaws, orders, directives, treaties, decrees and codes from time to time in force.
Account means the account You have with RLTS for the provision of the Services and on which details of Orders are recorded.
Amendment Notice Period has the meaning given to it in clause 7.3.
Application means a guarantor or tenancy application as the case may be, and "Applications" may be construed accordingly.
Business Day means a day, other than a Saturday, Sunday or public holiday in England, when commercial banks in London are open for business.
Charges means RLTS’ charges for providing Reference Reports or other Services.
Data Protection Legislation means Data Protection Act 2018 (as may be amended from time to time), UK GDPR (which has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018) and thereafter any law applicable in the United Kingdom which deals with data protection.
Data Subject Request has the definition as provided for within the Data Protection Legislation.
Force Majeure means any circumstances not foreseeable and not within the reasonable control of RLTS, including, without limitation, strikes, lockouts, shortages of labour or raw materials, civil commotion, riot, invasion, war, threat of or preparation for war, terrorism whether foreign or domestic, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural physical disaster.
Landlord Version has the meaning given to it in clause 3.3.
Late Payment Legislation means the Late Payment of Commercial Debts (Interest) Act 1998, the Late Payment of Commercial Debts Regulations 2002 and the Late Payment of Commercial Debts Regulations 2013 as amended.
Order means a request by You for RLTS to supply the Services.
Personal Data has the definition as provided for within the Data Protection Legislation and means any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier.
Referee means any individual or organisation who supplied information to Us in relation to an individual or organisation who was part of an Application, especially an employer, accountant or landlord who provides a reference for their client or employee.
Reference Data means any business or financial information and/or data supplied by RLTS relating to any Subject, including information gathered via a third party contained within each Reference Report.
Reference Report means any report containing Reference Data (in such format as may be decided by RLTS) from time to time provided by RLTS to You pursuant to the provision of Our Services.
RLTS or We or Us or Our means Rightmove Landlord and Tenant Services Limited, registered in England under company number 7064255. Registered office address: 2 Caldecotte Lake Business Park, Caldecotte Lake Drive, Caldecotte, Milton Keynes, England, MK7 8LE.
Service Hours means between the hours of 9am to 5pm on Mondays to Fridays, excluding UK bank holidays. We reserve the right to offer limited service hours when necessary and without notice.
Services means any service provided by RLTS to You.
Subject means any person, company or partnership established in the United Kingdom or any EU Member State, or foreign nationals, whether trading or not and which is the subject of a Reference Report.
Third Party Data means such Reference Data that Third Party Suppliers have supplied to RLTS and references or information supplied to RLTS in the process of assessing potential risk.
Third Party Supplier means any third party supplier that licences or provides Third Party Data to RLTS.
Website means the website owned and operated by RLTS at rentalservices.rightmove.co.uk.
You or Your means the person, organisation or company to which We provide the Services, including those persons acting as agents for such person, organisation or company.
Services
2.1. Subject in any event to these terms and conditions, We will use Our reasonable endeavours to provide the Services to You during the Service Hours.
2.2. The Services shall only be available outside the Service Hours via the Website. We will provide You with a log-in username and password which will allow You to access certain details of Your Account online.
2.3. The Services are only available to individuals, companies or organisations acting in the capacity of a landlord or letting agent and by agreeing to these terms and conditions You confirm to Us that You are a landlord or letting agent.
Reference Reports
3.1. You agree not to do or facilitate or attempt to tamper with, disrupt or circumvent security of the Website and not to do or attempt to alter the content of any Reference Report or otherwise act in bad faith. If You breach this clause, We may without prejudice to any other rights or remedies available to Us, suspend or terminate the provision of the Services to You, including any outstanding orders, and refuse to supply You with Reference Data or a Reference Report notwithstanding that You may have paid the Charges.
3.2. A Reference Report shall be valid for 30 days from the completion of the Reference Report.
3.3. The data provided in a Reference Report includes Personal Data and is provided directly and solely to You. In consideration of the Charges, We grant You a non-transferable licence to use the Reference Data supplied as part of the Services. You agree to use the Reference Data solely for Your own internal business use. You further agree not to use, store, copy, sell, redistribute or deal with the Reference Data in any manner other than in the report format provided by Us. Unlawful disclosure of Personal Data to another person without the consent of the controller is an offence under s170 of the Data Protection Act 2018. We will provide You with an abbreviated Reference Report (“Landlord Version”) which You must provide to Your landlord client.
3.4. You undertake to keep the Reference Data confidential and limit access to those who either have a need to know or are engaged in its use, in accordance with the Data Protection Legislation. You also undertake to use appropriate measures in order to protect the Reference Data against unauthorised or unlawful processing and against accidental loss, destruction or damage. For further information concerning data protection issues please visit www.ico.org.uk.
3.5. Unless otherwise specified You are responsible for checking the validity of any work permits, visas and worker registrations of any Subject who is a foreign national and retaining a copy of the original proof of identification.
3.6. You are responsible for checking the photo identification of all Subjects, and to verify the authenticity of such photo identification, so as to ensure that the person or persons who take physical possession of any given property to which Our Services apply are the same person or persons as appear in such photo identification. Photo identification is Personal Data and should be afforded the same protection, in accordance with the Data Protection Legislation, as that contained within Reference Data as outlined in the above clauses.
3.7. We make reasonable efforts when producing Reference Reports to ensure that the Subjects are not using a fraudulent identity. We are however unable to guarantee that an individual named in a Reference Report is the same individual as either wishes to reside in the property to which Our Services apply or who is acting as the guarantor of the individual who wishes to reside in the property to which Our Services apply.
3.8. The Reference Report may in whole or in part be compiled from or contain advice or opinions based on Third Party Data, the accuracy or completeness of which We are unable to verify. You agree that You will not make any of Your decisions based solely on the Reference Report and that You will make Your own evaluation and decision on the suitability of each prospective tenant or guarantor.
3.9. You acknowledge and agree that Our Reference Reports rely on the accuracy, completeness and truthfulness of the information provided to Us by You and by any Referee or Subject who completes an Application.
3.10. You acknowledge and agree that it is Your responsibility to read all aspects of the Reference Report, including administrative notes, and that any decision taken to proceed with the grant of a tenancy is entirely at Your own risk. If there is anything You are unsatisfied with in the Reference Report or which You do not understand, then You should inform Us of this immediately.
3.11. After a period of 3 years from the date We complete a Reference Report (subject to earlier receipt by Us of a Data Subject Request for erasure in accordance with Data Protection Legislation), We will automatically archive the Reference Report and securely erase all Personal Data from it, including all Reference Data, retaining only such information as is necessary for accounting purposes in accordance with Data Protection Legislation.
Limitation of Liability and Warranties
4.1. Whilst we shall use Our reasonable endeavours to ensure that the Reference Data is accurate and complete, We do not warrant the accuracy of any Reference Data supplied to You or the validity of any advice or opinion contained in the Reference Data. Accordingly, We shall not be liable for any reliance on or error or omission in the Reference Data contained in any Reference Report. In addition, You acknowledge and agree that the methods, processes and technology We employ to compile and present the Reference Data is entirely at Our discretion and that We will use Our professional judgement as to which methods to employ. Methods, processes and technology may vary from time to time so as to reflect best industry practices.
4.2. We shall not be liable for any loss of or damage to: (a) business; (b) loss of profit; (c) loss of contract; or (d) loss of goodwill or any type of indirect or consequential loss (including loss or damage You or Your customers may suffer as a result of a claim by a third party) even if such loss was reasonably foreseeable or You or Your customers had advised Us of the possibility of incurring the same, resulting from the use of Our Services, or that was caused by Force Majeure.
4.3. In any event, Our aggregate liability in respect of any Order shall be limited to 125% of the Charges paid or payable by You in respect of the Order giving rise to the claim and the parties agree that such limitation of liability is fair and reasonable in all circumstances.
4.4. We do not warrant that We will retain original copies of Reference Data provided to us by any individual, Subject or Third Party Supplier, including but not limited to employment references, bank statements and landlord references whether in paper or electronic format, but We will retain notes and / or summary information relating to Reference Data for a period of at least 3 years (subject to earlier receipt by Us of a Data Subject Request for erasure in accordance with Data Protection Legislation).
4.5. Any times or dates quoted for the delivery of the Services are approximate only and We shall not be liable for any delay or failure by Our officers, employees or agents in delivering by whatever means the Reference Reports howsoever caused.
4.6. We do not make any warranty or representation that information on the Website, or obtained via the Website is appropriate for use in any jurisdiction other than England and Wales. By accessing the Website, You warrant and represent to Us that you are legally entitled to do so and to make use of information made available via the Website.
4.7. We will endeavour to make the Website and Our Services continuously available but We cannot and do not guarantee continuous operation free from any interruptions or errors.
4.8. We cannot guarantee that any emails sent by Us as part of Our Service will be successfully delivered to or received by the recipient. You should consider the non-guaranteed nature of email when deciding how to use the Service.
Payment
5.1. You agree to pay Us the Charges by direct debit, BACs transfer or cheque.
5.2. We shall invoice You from time to time in respect of the Charges and You shall settle such invoice in full (without deduction or set-off) within 28 days of the date of each such invoice.
5.3. If any invoice issued shall remain outstanding for a period of 30 days or more, We reserve the right to limit access to Your Account, and any Reference Data or Reference Reports contained therein.
5.4. Without prejudice to any other right or remedy that You may have, if You fail to pay to RLTS any sum due under these terms and conditions on the specified due date, You shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 5.4 will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
5.5. We have the right to charge the following late payment fees for late payment of Our Charges pursuant to the Late Payment Legislation: (a) for a debt less than £1000, the sum of £40; (b) for a debt of £1000 or more, but less than £10,000, the sum of £70; (c) for a debt of £10,000 or more, the sum of £100.
Termination
6.1. RLTS may terminate these terms and conditions immediately if:
6.1.1. You commit any breach of these terms and conditions and, if that breach is capable of remedy, You fail to remedy such breach within 14 days of being notified of the breach in writing;
6.1.2. an order is made or a resolution is passed for Your winding-up or an order is made for the appointment of an administrator to manage Your affairs, business and property or such an administrator is appointed or documents are filed with the court for the appointment of an administrator or notice of intention to appoint an administrator is given to You by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a receiver and/or manager or administrative receiver is appointed in respect of all or any of Your assets or undertaking or circumstances arise which entitle the Court or a creditor to appoint a receiver and/or manager or administrative receiver or which entitle the Court to make a winding-up or bankruptcy order or You take or suffer any similar or analogous action in consequence of debt or (being an individual) are deemed either unable to pay Your debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) has any partner to whom any of the foregoing apply or (being a limited liability partnership) suffer any similar or analogous event in consequence of a debt; or
6.1.3. in Our reasonable opinion You carry out Your business in a manner which is unbefitting of an RLTS member.
6.2. As soon as these terms and conditions for the provision of the Services to You has been terminated, We will invalidate Your Account and remove Your access to Your Account on the Website.
General
7.1. Each party undertakes that it shall not during the term of these terms and conditions, and for a period of five years after termination or expiry of these terms and conditions, disclose to any person any confidential information concerning the business, affairs, customers, clients of Rightmove or the other party, or of any member of the group to which the other party belongs, except as permitted by this clause. Each party may disclose the other party's confidential information:
7.1.1. to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of exercising the party's rights or carrying out its obligations under or in connection with this Contract. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party's confidential information comply with this clause 7; and
7.1.2. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
7.2. No party shall use any other party's confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with these terms and conditions.
7.3. RLTS may update or amend these terms and conditions or any Guidelines from time to time as per the terms of this clause 7.3:
7.3.1. If RLTS wishes to amend these terms and conditions, You will be notified of the amendments at least 7 Days prior to the change taking effect (the “Amendment Notice Period”).
7.3.2. You are entitled to object to any updates or amendments by notifying Us in writing within the Amendment Notice Period. The parties shall then attempt to resolve Your objection within 5 Business Days from the date that Your objection notice is deemed to be received by RLTS.
7.3.3. Any notice or communication issued by You pursuant to this clause 7.3 shall be deemed to have been received by Us on the date and at the time that We issue a written acknowledgement to You that such notice has been received. If a resolution cannot be reached within 5 Business Days, then these terms and conditions for the provision of Services may be terminated immediately by either party.
7.3.4. If RLTS does not receive notification of Your objection within the Amendment Notice Period, then You will be deemed to have agreed to the change which shall become binding upon You on the expiry of the Amendment Notice Period.
7.4. These terms and conditions constitute the sole record of the agreement between You and Us in relation to your use of the Website and our Services. Neither You nor We shall be bound by any express tacit nor implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between You and Us in respect of your use of the Website and Our Services, but is separate to any agreement You may have with other entities owned or operated by Rightmove Group Limited or Rightmove Plc.
7.5. A waiver of any right or remedy in these terms and conditions or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided in these terms and conditions or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided in these terms and conditions or by law shall prevent or restrict the further exercise of that or any other right or remedy.
7.6. Unless it expressly states otherwise, these terms and conditions do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999; that Act does not apply to these terms and conditions.
7.7. These terms and conditions shall be governed by, and construed in accordance with, English law and both You and We irrevocably submit to the exclusive jurisdiction of the English courts.
If You do not understand or agree to any of the above clauses, please inform us and do not use the Services.