NetRent Property Advertiser Terms

1.1

These Terms govern your use of the NetRent Property for Sale service, referred to in these Terms as the Service.

1.2

The Service allows eligible property advertisers to submit property information manually for possible publication on the NetRent website.

1.3

These Terms form a legally binding agreement between:

• NetRent Limited, trading as NetRent; and
• the person or organisation identified as the property advertiser when the property is submitted.

1.4

You accept these Terms when you:

• tick the acceptance box on the property submission form;
• submit property information to NetRent;
• ask NetRent to publish a property advertisement; or
• continue to use the Service after being notified of an applicable change to these Terms.

1.5

These Terms supplement NetRent’s:

• General Terms and Conditions;
• Website Disclaimer;
• General Privacy Policy;
• Property for Sale Enquiry Privacy Notice;
• Complaints Procedure; and
• Property Listings Disclaimer.

If there is a conflict concerning a property advertisement, these Property Advertiser Terms will take priority.

In these Terms:

Advertiser, you and your mean the person or organisation submitting or supplying a property advertisement and any person acting on its behalf.

Advertiser Representative means any employee, director, officer, partner, member, contractor, photographer, agent or other person acting for or on behalf of the Advertiser.

Enquirer means a person who submits an enquiry about an advertised property through the Service.

Enquiry Information means an Enquirer’s name, email address, telephone number, enquiry message, property reference and related correspondence.

Listing means a property advertisement submitted to or published through the Service.

Listing Content means all descriptions, statements, photographs, images, videos, plans, measurements, documents, prices, rental figures, yields, tenancy information and other material supplied for a Listing.

Property means the property or interest in property described in a Listing.

Applicable Law means all legislation, regulations, legally binding requirements, court orders and regulatory obligations that apply to the Advertiser, Property, Listing, Listing Content or resulting transaction.

Working Day means a day other than a Saturday, Sunday or public holiday in England and Wales.

3.1

The Service is intended exclusively for business users, including:

• landlords;
• property investors;
• property-owning businesses;
• estate agents;
• letting agents;
• property managers acting with authority;
• developers; and
• other authorised property professionals.

3.2

You warrant that you are using the Service wholly or mainly for purposes connected with your trade, business, profession or property letting activity.

3.3

The Service is not intended for a person acting wholly or mainly outside their trade, business or profession.

3.4

If you submit a Listing on behalf of a company, partnership, landlord, client or other organisation, you warrant that:

• you have authority to accept these Terms on its behalf;
• you have authority to supply the Listing Content;
• that person or organisation agrees to be bound by these Terms; and
• you have not misrepresented the nature or extent of your authority.

3.5

If you falsely represent that you have authority to act for another person or organisation, you will be personally responsible for losses reasonably caused by that misrepresentation.

4.1

The Service is a free property advertising and enquiry-forwarding facility.

4.2

NetRent does not charge the Advertiser:

• a listing fee;
• an enquiry fee;
• a success fee;
• a referral fee;
• a commission on the sale; or
• any percentage of the sale price.

4.3

Properties must be submitted manually using the method provided by NetRent.

4.4

Unless NetRent expressly agrees otherwise in writing, you must not:

• submit Listings through an automated feed;
• connect an estate agency or property portal feed;
• use an application programming interface;
• use a bot, script or other automated submission method;
• scrape or copy the Service; or
• upload Listings in bulk through an unauthorised system.

4.5

Submitting a property does not create a right to publication. NetRent may accept or reject any proposed Listing.

4.6

NetRent does not guarantee:

• that a Listing will be published;
• when it will be published;
• how prominently it will appear;
• how long it will remain available;
• that it will generate any enquiries;
• that an Enquirer is genuine, suitable or financially able to buy;
• that an enquiry email will be successfully delivered; or

that the Property will be sold.

5.1

NetRent provides the technical facility through which Listing Content can be displayed and enquiries can be sent to Advertisers.

5.2

NetRent is not:

• the seller of the Property;
• the Property owner;
• the Advertiser’s estate agent;
• the purchaser’s agent;
• an auctioneer;
• a conveyancer;
• a surveyor;
• a valuer;
• a property manager;
• a stakeholder;
• a fiduciary;
• a party to any offer, negotiation, contract or sale; or
• responsible for completing or securing a property transaction.

5.3

NetRent does not normally:

• visit or inspect the Property;
• verify ownership or title;
• verify the Advertiser’s authority;
• conduct identity or anti-fraud checks on every Advertiser or Enquirer;
• confirm the existence or terms of a tenancy;
• verify rent, arrears, yields or financial projections;
• verify measurements, photographs or floor plans;
• arrange or conduct viewings;
• advise either party about an offer;
• communicate offers between the parties;
• negotiate the sale price or other terms;
• prepare sale particulars on the Advertiser’s behalf;
• handle deposits, reservation payments or purchase money;
• guarantee vacant possession;
• provide legal, tax, investment, mortgage or surveying advice; or
• assess whether the Property is suitable for a particular purchaser.

5.4

Any communication, negotiation, viewing, offer, payment, agreement or transaction takes place directly between the Advertiser, Enquirer and their respective professional advisers.

5.5

Nothing in these Terms creates a partnership, joint venture, agency, fiduciary relationship or employment relationship between NetRent and the Advertiser.

5.6

You must not state or imply that:

• NetRent is acting as your estate agent;
• NetRent has inspected or approved the Property;
• NetRent has verified the Listing;
• NetRent recommends the Property;
• NetRent guarantees any rent or yield;
• NetRent is holding money for the transaction; or
• NetRent accepts responsibility for your Listing or conduct.

6.1

A Property must be genuinely available for sale and must normally be:

• currently occupied under a residential tenancy or occupation arrangement;
• recently used as a residential rental property;
• intended for continued residential letting; or
• reasonably capable of lawful use as a residential rental property.

6.2

You must not describe a Property as suitable for letting unless you have reasonable grounds for doing so.

6.3

You must disclose any known matter that may prevent or materially restrict the Property from being lawfully let, including, where relevant:

• planning restrictions;
• title or lease restrictions;
• mortgage restrictions;
• insurance restrictions;
• licensing requirements;
• occupancy conditions;
• building or fire-safety restrictions;
• holiday-letting restrictions;
• age or local-occupancy restrictions; and
• restrictions imposed by a superior landlord, management company or public authority.

6.4

NetRent may reject a Listing that does not appear to fall within the purpose or intended audience of the Service.

7.1

By submitting a Listing, you warrant that:

• you are the legal or beneficial owner of the Property; or
• you have the owner’s express and continuing authority to advertise it.

7.2

Where the Property is jointly owned, you warrant that all necessary owners have authorised the Listing.

7.3

Where you are an agent, you warrant that:

• you have received valid instructions from the person legally entitled to give them;
• your instructions permit publication through NetRent;
• your instructions remain in force;
• you have completed all checks required of you by Applicable Law or your professional obligations; and
• you hold all registrations, licences, redress-scheme memberships, permissions and protections required for your activities.

7.4

You must obtain any consent required from:

• a mortgage lender;
• superior landlord;
• freeholder;
• management company;
• trustee;
• personal representative;
• attorney;
• receiver;
• insolvency practitioner;
• co-owner;
• court;
• public authority; or
• any other person whose authority is required.

7.5

You must immediately notify NetRent if:

• your authority is withdrawn;
• ownership changes;
• a dispute arises about your authority;
• the Property is no longer available;
• the owner instructs you to remove the Listing; or
• you become aware that any necessary consent has not been obtained.

7.6

NetRent may require evidence of ownership, identity, authority or consent. Failure to request evidence does not amount to verification or approval.

8.1

The Advertiser is solely responsible for all Listing Content.

8.2

You warrant that all Listing Content is, both when submitted and while published:

• accurate;
• complete;
• current;
• clear;
• lawful;
• capable of substantiation;
• not misleading;
• not presented in a misleading manner; and
• not misleading because relevant information has been omitted, hidden, qualified or delayed.

8.3

You must provide all information that a reasonable prospective purchaser would need in order to make an informed decision about whether to:

• enquire about the Property;
• arrange a viewing;
• incur travel or professional costs;
• investigate the Property further;
• make an offer; or
• proceed with a proposed purchase.

8.4

You must not rely on a general disclaimer, “subject to contract” statement or request that purchasers make their own enquiries as a substitute for supplying accurate material information.

8.5

You must take reasonable steps to check Listing Content before submitting it.

8.6

Where information has been obtained from another person or document, you must:

• have reasonable grounds for considering the source reliable;
• accurately reproduce the information;
• identify material qualifications or limitations; and
• not present an estimate, assumption or unverified statement as an established fact.

8.7

Where relevant to the Property, Listing Content must accurately address material matters such as:

• asking price or price basis;
• tenure;
• lease term;
• ground rent;
• service charges;
• estate charges;
• council tax or domestic rates;
• property type and construction;
• number and type of rooms;
• utilities and heating;
• parking;
• access;
• rights, easements and restrictions;
• planning status;
• building-regulation issues;
• listed-building or conservation status;
• known structural or condition issues;
• damp, subsidence, asbestos or invasive plants;
• flood, coastal-erosion or mining risks;
• building and fire-safety defects;
• energy-performance information;
• property licensing;
• occupancy restrictions;
• major works;
• disputes affecting the Property; and
• any other fact likely to affect a purchaser’s decision.

8.8

If material information is unknown, you must not guess. You must state that it is unknown or awaiting confirmation where this is necessary to avoid creating a misleading impression.

8.9

You must retain appropriate evidence supporting material statements made in the Listing and provide it to NetRent within a reasonable period if requested.

9.1

Where a Property is occupied, you must accurately describe its occupancy and tenancy status.

9.2

Subject to data protection requirements and without publicly identifying an occupier, you must disclose all material information concerning:

• whether the Property is occupied;
• the nature of the tenancy or occupation;
• the date the tenancy began;
• whether the tenancy is fixed-term, periodic or otherwise;
• the current contractual rent;
• the frequency of rent payments;
• material rent arrears;
• material disputes with the tenant or occupier;
• whether a tenancy deposit was taken;
• whether any legally required deposit protection or prescribed information obligations were completed;
• material notices served by or on the tenant;
• whether vacant possession is being offered;
• whether vacant possession can reasonably be expected;
• any agreement for the tenant to remain after completion;
• applicable licensing requirements;
• known regulatory non-compliance;
• outstanding enforcement notices; and
• any other matter likely to affect the value or management of the tenancy.

9.3

You must not state or imply that vacant possession will be available unless you have reasonable and properly documented grounds for that statement.

9.4

You must not describe a tenant as reliable, good, professional, long-term or similar unless the statement is fair, relevant and capable of substantiation.

9.5

You must not publish a tenant’s:

• name;
• contact details;
• identity documents;
• financial information;
• medical information;
• personal correspondence; or
• other unnecessary personal information.

9.6

Any rent, yield, return or investment figure must:

• be calculated accurately;
• identify whether it is gross or net;
• identify whether it is actual, historic, estimated or projected;
• state the period to which it relates;
• explain material assumptions;
• identify known material costs excluded from the calculation; and
• not be presented as guaranteed unless there is a lawful and enforceable guarantee that is fully explained.

9.7

You must not conceal:

• void periods;
• rent arrears;
• management charges;
• service charges;
• licensing costs;
• repair liabilities;
• known major expenditure;
• restrictions on rent or occupation; or
• other information that would make a stated yield materially misleading.

10.1

You warrant that you own, or have all necessary rights and permissions to use and publish:

• photographs;
• videos;
• floor plans;
• maps;
• drawings;
• written descriptions;
• logos;
• trade marks;
• documents; and
• all other material included in the Listing Content.

10.2

You must not submit material copied from:

• another property portal;
• another agent;
• a photographer;
• an architect;
• a surveyor;
• a developer;
• a mapping provider; or
• another third party,

unless you have permission to use and permit NetRent to publish that material.

10.3

You must ensure that photographs and videos:

• fairly represent the Property;
• are not materially altered in a misleading manner;
• do not conceal material defects through editing;
• do not display unnecessary personal information;
• do not identify tenants or occupiers without a lawful basis;
• do not contain confidential documents or financial information; and
• were taken and supplied lawfully.

10.4

You grant NetRent a non-exclusive, royalty-free, worldwide licence to:

• store;
• host;
• reproduce;
• resize;
• crop;
• format;
• display;
• distribute;
• archive; and
• use the Listing Content to advertise the Property and promote the Property for Sale service.

10.5

The licence includes the right for NetRent to use Listing Content on:

• the NetRent website;
• NetRent email communications;
• NetRent social media accounts;
• search-engine previews;
• promotional material concerning the Service; and
• technical systems used to operate the Service.

10.6

NetRent may permit its hosting, email, web-development and other technical service providers to process Listing Content solely as necessary to provide the Service.

10.7

The licence continues while the Listing is active and afterwards for a reasonable period for backups, legal records, complaint handling and archived promotional material already published.

10.8

You retain ownership of any intellectual-property rights you hold in the Listing Content.

You must not submit, publish or use the Service for anything that:

• is false, fraudulent or deliberately misleading;
• omits material information;
• advertises a Property that is not genuinely for sale;
• misrepresents ownership or authority;
• infringes copyright, trade mark, privacy or other rights;
• is defamatory;
• is discriminatory or encourages unlawful discrimination;
• is threatening, abusive or harassing;
• contains malicious software or harmful code;
• facilitates fraud, money laundering or other unlawful conduct;
• requests payment to NetRent or implies that NetRent is holding funds;
• impersonates NetRent or another person;
• uses NetRent’s logo or name without permission;
• falsely claims endorsement or verification by NetRent;
• collects unnecessary personal information;
• publishes tenant information unlawfully;
• redirects users through an unauthorised payment or data-collection system;
• interferes with the website or another user;
• attempts to gain unauthorised access to NetRent systems;
• uses automated tools contrary to clause 4; or
• otherwise breaches Applicable Law.

Contact information may be included only in the fields and format permitted by NetRent.

12.1

NetRent may review proposed Listing Content for administrative, technical, presentation, security or apparent compliance purposes.

12.2

Any review undertaken by NetRent:

• is limited;
• is not a professional property check;
• does not amount to verification;
• does not make NetRent responsible for the Listing;
• does not transfer responsibility from the Advertiser; and
• does not confirm that the Listing complies with Applicable Law.

12.3

NetRent may:

• reformat text;
• correct obvious typographical errors;
• resize or crop images;
• allocate a category;
• add a property or enquiry reference;
• add NetRent branding or a watermark;
• remove contact details placed in an unauthorised location;
• request further information;
• refuse publication;
• suspend publication; or
• remove some or all Listing Content.

12.4

NetRent will not ordinarily change the substantive meaning of Listing Content. If a substantive change is proposed, the Advertiser remains responsible for reviewing and approving the resulting wording.

12.5

NetRent is not obliged to monitor every Listing continuously.

12.6

NetRent may immediately suspend, restrict or remove a Listing where it reasonably considers that:

• these Terms may have been breached;
• information may be inaccurate, unlawful or misleading;
• the Advertiser may lack authority;
• a complaint has been received;
• intellectual-property or privacy rights may be affected;
• the Listing presents a fraud or security risk;
• publication may expose NetRent or another person to legal or regulatory risk;
• the Property is no longer available;
• the Advertiser has not responded to a verification request; or
• removal is reasonably necessary to protect NetRent, Enquirers or third parties.

12.7

NetRent may remove a Listing before completing an investigation.

12.8

NetRent is not liable for refusing, suspending, amending the presentation of or removing a Listing, except to the extent that liability cannot lawfully be excluded.

13.1

You must review your Listing regularly.

13.2

You must notify NetRent promptly if:

• any information changes;
• the asking price changes;
• a tenancy begins or ends;
• rent or occupancy information changes;
• a material defect or restriction becomes known;
• an offer is accepted;
• the Property becomes subject to contract;
• the Property is sold;
• the Property is withdrawn;
• you cease to act for the owner; or
• the Listing otherwise becomes inaccurate or misleading.

13.3

You must ask NetRent to mark a Property as under offer, sold subject to contract, sold or withdrawn no later than the end of the next Working Day after becoming aware of the change.

13.4

You must maintain a working email address and telephone number for communications relating to the Listing.

13.5

NetRent may periodically require you to confirm that the Property remains available and the Listing remains accurate.

13.6

If you fail to respond to a confirmation request, NetRent may remove or suspend the Listing.

13.7

Removal of a Listing does not prevent NetRent retaining an appropriate internal record for security, complaint handling, dispute resolution or legal compliance.

14.1

An Enquirer will normally be required to provide:

• their name;
• their email address;
• their telephone number; and
• their enquiry message.

14.2

The enquiry will be sent to the email address supplied by the Advertiser.

14.3

A copy will also be received by NetRent for the operation, administration, monitoring and support of the Service.

14.4

You agree to NetRent receiving and retaining a copy in accordance with the applicable privacy notice.

14.5

NetRent may send the Enquirer a service email or make a service telephone call to:

• acknowledge the enquiry;
• confirm that it was forwarded;
• thank the Enquirer for using the Service;
• provide NetRent’s contact details; or
• assist with a delay, delivery problem or complaint.

14.6

The Advertiser is solely responsible for responding to the Enquirer and for all subsequent communications.

14.7

You must respond:

• honestly;
• professionally;
• without unlawful discrimination;
• without making misleading statements; and
• within a reasonable period.

14.8

NetRent does not guarantee that:

• an enquiry is genuine;
• an email address or telephone number is correct;
• the Enquirer is financially able to buy;
• an enquiry will result in a viewing or offer; or
• an email will not be delayed, filtered or rejected.

14.9

You must independently verify an Enquirer before:

• disclosing confidential property or tenancy information;
• accepting an offer;
• entering into a reservation arrangement;
• relying on evidence of funds; or
• accepting or requesting money.

14.10

NetRent does not collect or hold deposits or purchase money. You must not instruct anyone to send transaction funds to NetRent.

15.1

NetRent and the Advertiser will each act as an independent controller for personal information where each independently determines the purposes and means of its own processing.

15.2

Nothing in these Terms is intended to make NetRent and the Advertiser joint controllers for all processing merely because both receive a copy of an enquiry.

15.3

You may use Enquiry Information only for purposes reasonably connected with:

• responding to the particular property enquiry;
• providing further information about that Property;
• arranging a viewing;
• discussing an offer;
• progressing a resulting property transaction;
• dealing with a related complaint or dispute; or
• complying with a legal obligation.

15.4

You must not, merely because a person made an enquiry:

• sell their information;
• disclose it to unrelated third parties;
• add them to an unrelated marketing list;
• profile them for unrelated marketing;
• use their information to promote other properties or services without complying with Applicable Law; or
• provide their information to an insurance, mortgage, finance or other product provider without an appropriate lawful basis and privacy information.

15.5

If you wish to use Enquiry Information for direct marketing, you are solely responsible for establishing that the marketing is lawful under data protection and electronic-communications law.

15.6

You must:

• provide any privacy information required of you;
• process personal information fairly and lawfully;
• keep it accurate and secure;
• restrict access to authorised persons;
• retain it only for as long as reasonably necessary;
• respect applicable data-subject rights;
• maintain appropriate records;
• use suitable processors and contracts where required; and
• comply with data-breach reporting obligations.

15.7

You must notify NetRent at support@netrent.co.uk without undue delay, and wherever reasonably possible within 24 hours, if you become aware of:

• unauthorised access to Enquiry Information;
• accidental disclosure;
• loss or misuse;
• a suspected or confirmed personal-data breach;
• a complaint concerning information obtained through NetRent; or
• a regulator enquiry involving the Service.

15.8

You must provide reasonable assistance where an incident or complaint affects both NetRent and the Advertiser.

15.9

You remain responsible for your own data protection compliance after receiving Enquiry Information.

16.1 Purpose of this clause

NetRent does not create, inspect or independently verify the Advertiser’s Property or Listing Content. The Advertiser is therefore responsible for compensating NetRent where NetRent incurs a loss, claim or reasonable cost because of the Advertiser’s Listing, conduct or breach of these Terms.

16.2 Indemnity

Subject to clauses 16.5 and 16.6, you will indemnify and keep indemnified NetRent and its directors, officers, employees and contractors against all losses, liabilities, damages, claims, demands, proceedings, settlements and reasonable costs and expenses suffered or properly incurred arising out of or in connection with:

1. your breach of these Terms;
2. any warranty, confirmation or representation made by you being untrue, inaccurate or misleading;
3. false, inaccurate, incomplete, outdated, unlawful or misleading Listing Content;
4. the omission, concealment or late disclosure of material information;
5. your lack of ownership, authority, instructions, consent or permission to advertise the Property;
6. a claim that the Listing infringes copyright, trade mark, privacy, confidentiality, data protection, defamation or another person’s rights;
7. the unlawful inclusion or disclosure of tenant, occupier, owner, Enquirer or third-party information;
8. your collection, storage, disclosure, security, retention or use of Enquiry Information;
9. any marketing communication made by you using information obtained through the Service;
10. a personal-data breach caused by your act, omission, system or representative;
11. your failure to comply with property, consumer-protection, advertising, equality, data protection or other Applicable Law;
12. your fraud, dishonesty, negligence, reckless conduct or wilful misconduct;
13. the acts or omissions of an Advertiser Representative;
14. a dispute concerning ownership, authority, agency instructions, commission or entitlement to advertise;
15. any communication, viewing, offer, deposit, reservation, negotiation, contract, sale or failed transaction involving you;
16. a claim made by an owner, purchaser, Enquirer, tenant, occupier, agent, photographer, regulator or other third party arising from your Listing or conduct;
17. your misuse of NetRent’s name, logo, website or reputation; or
18. your attempt to represent NetRent as a party to or guarantor of a transaction.

16.3 Recoverable costs

The compensation payable under this clause includes, where reasonably and properly incurred:

• damages and settlement sums;
• reasonable solicitors’, barristers’ and other professional fees;
• court and tribunal costs;
• investigation costs;
• complaint-handling costs;
• costs of removing or correcting content;
• reasonable technical and data-remediation costs;
• costs of responding to regulators or law enforcement;
• compensation payable to an affected person; and
• regulatory charges, penalties or fines, but only to the extent that they may lawfully be recovered from you and are attributable to your breach or conduct.

16.4 Payment

You must reimburse NetRent for an amount properly due under this clause within 14 days after receiving:

• a written demand;
• reasonable details of the matter; and
• reasonable evidence of the amount incurred or payable.

Where costs are being incurred in defending an active third-party claim, NetRent may request reasonable reimbursement as those costs are incurred.

16.5 Advertiser-caused loss only

You will not be required to compensate NetRent under this clause to the extent that a loss was directly caused by:

• NetRent’s own fraud;
• NetRent’s wilful misconduct;
• NetRent’s material breach of these Terms; or
• NetRent’s negligence.

Where both parties contributed to a loss, your responsibility will be limited to the proportion fairly attributable to your breach, act or omission.

16.6 Reasonableness and mitigation

NetRent will:

• take reasonable steps to mitigate recoverable loss;
• not recover the same loss more than once; and
• provide reasonable information about a claim, subject to confidentiality and legal privilege.

16.7 Third-party claims

If a third-party claim may fall within this clause:

• NetRent will notify you as soon as reasonably practicable;
• failure to notify you will reduce your responsibility only to the extent that the delay materially prejudices your ability to deal with the claim;
• you must provide reasonable information and assistance;
• you must preserve relevant records;
• you must not admit liability on NetRent’s behalf;
• you must not agree a settlement affecting NetRent without NetRent’s written consent; and
• NetRent may take control of its own defence where it reasonably considers this necessary to protect its legal, regulatory or reputational position.

NetRent will consult you before agreeing a material financial settlement for which it intends to seek reimbursement, unless urgent action is reasonably required or a regulator or court requires otherwise.

16.8 Continuing effect

This clause continues to apply after:

• a Listing is removed;
• your use of the Service ends;
• the Property is sold;
• an enquiry is completed; or
• these Terms otherwise terminate.

16.9 Third-party enforcement

The directors, officers, employees and contractors protected by this clause may enforce it under the Contracts (Rights of Third Parties) Act 1999.

17.1

The Service is provided free of charge and on an “as available” basis.

17.2

To the fullest extent permitted by law, NetRent gives no representation, warranty or guarantee concerning:

• continuous availability of the Service;
• publication or ranking of a Listing;
• the accuracy of Advertiser-supplied information;
• the identity or conduct of an Enquirer;
• delivery of an enquiry;
• the number or quality of enquiries;
• the suitability or saleability of a Property;
• the outcome of negotiations; or
• completion of a transaction.

17.3

NetRent is not liable for loss caused by:

• Listing Content supplied by the Advertiser;
• the conduct of an Advertiser, Enquirer or third party;
• an Enquirer’s failure to respond or proceed;
• email delay, spam filtering or incorrect contact information;
• a viewing, offer, payment or transaction;
• the legal, physical, financial or tenancy status of a Property;
• a decision to reject, suspend or remove a Listing;
• temporary technical unavailability;
• malware or unauthorised access not caused by NetRent’s failure to take reasonable security measures;
• an event beyond NetRent’s reasonable control; or
• reliance on information that the Advertiser was responsible for verifying.

17.4

NetRent will not be liable for:

• loss of profit;
• loss of rent;
• loss of revenue;
• loss of business;
• loss of opportunity;
• loss of anticipated savings;
• loss of goodwill;
• loss of data not caused by NetRent’s breach;
• an unsuccessful or delayed transaction; or
• indirect or consequential loss.

17.5

Subject to clause 17.6, NetRent’s total aggregate liability arising from or connected with a Listing or the Service will not exceed £100.

17.6

Nothing in these Terms excludes or restricts liability for:

• death or personal injury caused by negligence;
• fraud or fraudulent misrepresentation;
• NetRent’s own unlawful conduct;
• any liability that cannot lawfully be excluded or restricted; or

any statutory right or remedy that cannot lawfully be limited by agreement.

18.1

NetRent may investigate a complaint about:

• a Listing;
• the Advertiser’s authority;
• misleading information;
• unlawful material;
• intellectual-property infringement;
• privacy or data protection;
• discrimination;
• fraud;
• non-response; or
• the Advertiser’s conduct.

18.2

You must cooperate reasonably with an investigation and provide requested information or evidence within the period stated by NetRent.

18.3

NetRent may disclose relevant information to:

• the person making the complaint;
• the Property owner;
• an affected rights holder;
• a regulator;
• law enforcement;
• a court;
• a professional adviser; or
• another person where disclosure is lawful and reasonably necessary.

18.4

NetRent may preserve Listing Content, communications, enquiry records and account information where reasonably required to investigate or defend a complaint or legal claim.

18.5

NetRent’s decision to investigate, remove or retain a Listing does not amount to an acceptance of liability or confirmation that the complaint is valid.

19.1

You may ask NetRent to remove your Listing at any time.

19.2

NetRent may suspend or terminate your use of the Service immediately if:

• you breach these Terms;
• information supplied by you appears false or misleading;
• you fail to cooperate with a reasonable investigation;
• your conduct creates legal, financial, regulatory, security or reputational risk;
• you misuse Enquiry Information;
• you attempt to circumvent or interfere with the Service;
• you repeatedly fail to keep Listings current; or
• NetRent reasonably considers suspension necessary to protect another person.

19.3

NetRent may withdraw or materially change the Service on reasonable notice where practicable.

19.4

Termination does not affect:

• rights accrued before termination;
• NetRent’s right to retain appropriate records;
• an existing complaint or investigation; or
• any provision intended to continue after termination.

Clauses concerning responsibility, intellectual property, data protection, compensation, liability, records, governing law and dispute resolution continue after termination.

20.1

NetRent may update these Terms to reflect:

• changes to the Service;
• legal or regulatory developments;
• security requirements;
• operational requirements; or
• improvements in wording or procedure.

20.2

The version accepted when a Listing is submitted will normally apply to that Listing.

20.3

Where a material change affects an active Listing, NetRent may require you to accept the revised Terms before the Listing remains published.

20.4

A change will not retrospectively create liability for conduct that occurred before the change took effect.

21.1

NetRent may contact you using the postal address, telephone number or email address you provide.

21.2

You must ensure that your contact details remain accurate and monitored.

21.3

A notice sent by email will be treated as received on the next Working Day after sending, unless the sender receives a delivery-failure notice.

21.4

Notices to NetRent concerning these Terms should be sent to:

Email: support@netrent.co.uk
Post: NetRent Limited, 5 Rectory Close, Ysceifiog, Flintshire, CH8 8TA
Telephone: 01352 721300

22.1 Entire agreement

These Terms and the documents expressly incorporated into them constitute the agreement between NetRent and the Advertiser concerning the Service.

22.2 No reliance

You confirm that you have not relied on any statement or promise not contained in these Terms, except that nothing limits liability for fraud or fraudulent misrepresentation.

22.3 No waiver

A failure or delay in enforcing a right does not waive that right.

22.4 Severability

If any provision is found invalid or unenforceable, it will be removed or limited to the minimum extent necessary. The remaining provisions will continue in effect.

22.5 Assignment

You may not transfer your rights or obligations under these Terms without NetRent’s written consent.

NetRent may transfer its rights and obligations to a company acquiring or operating the relevant part of its business, provided this does not materially reduce the Advertiser’s contractual protections.

22.6 Third-party rights

Except for clause 16.9, no person who is not a party to these Terms may enforce them under the Contracts (Rights of Third Parties) Act 1999.

22.7 Headings

Headings are included for convenience and do not affect interpretation.

22.8 Language

If these Terms are translated, the English-language version will take priority to the extent permitted by law.

23.1

These Terms and any non-contractual obligations arising from them are governed by the law of England and Wales.

23.2

The courts of England and Wales will have exclusive jurisdiction over any dispute arising from these Terms or the Service.

23.3

The Advertiser must nevertheless comply with all property, tenancy, agency, licensing, advertising and other laws applying in the jurisdiction where the Property is situated.