These terms set out the terms under which users may place Listings on this website, (Our Site) and under which our services are sold by us. Please read these terms carefully and ensure that you understand them before submitting a Listing or purchasing a Paid Listing. You will be required to read and accept these Terms of Sale when requesting an Account. If you do not agree to comply with and be bound by these Terms, you will not be able to submit a Listing.
If you are a consumer, by submitting a Paid Listing you are asking us to provide our Services immediately and therefore if you remove your Paid Listing during the Cancellation period, you agree and understand that you will not be entitled to a refund. Please see Clause 11.
Definitions and Interpretation
- In these Terms, unless the context otherwise requires, the following expressions have the following meanings:
"Account" means the account required in order for you register and use Our Site;
"Advertising Market Places" means the market's top property advertising websites in the UK;
"Agent" means any person primarily in the business of letting residential properties;
"Consumer" means a User who is not acting in the course of a business as more specifically defined in these Terms;
"Contract" means a contract for our Services as explained in Clause 6;
"Fees" means the amounts due to Us for a Paid Listing;
"Free Listing" means a Listing posted in Our Site by a User;
"Listing" means any listing submitted to Our Site;
"Listed Business" means any business featured in Listing;
"Landlord" means any person marketing and/or managing property they own for let who is not acting as an Agent;
"Paid Listing" means a Listing posted on Our Site by a User, and which We will place on Advertising Market Places in exchange for a Fee;
"Services" means those services that we provide on our Site for Free and Paid Listings;
"User" means a user of Our Site, whether acting as a Landlord or Agent;
"We/Us/Our" means Igniter100 UK Limited, trading as YouRent, a company registered in England under company number 10920141 and whose registered office is at Seventh Floor, 1 Fore Street Avenue, London, England, EC2Y 9DT.
Information About Us
- Our Site, is owned and operated by Igniter100 UK Limited, a limited company registered in England under company number 10920141 and whose registered office is on Seventh Floor, 1 Fore Street Avenue, London, England, EC2Y 9DT. Our VAT number is XXXX
- You can contact us by writing to us at the above address, emailing us at [email protected] or using our contact form on the Site
Access to and Use of Our Site
- Access to Our Site is free of charge.
- It is your responsibility to make any and all arrangements necessary in order to access Our Site.
- Access to Our Site is provided "as is" and on an "as available" basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
Business and Consumer Customers
- These Terms apply to both business and consumer Users. You will be deemed a Consumer if you do not own and rent properties wholly or predominantly for the purposes of a business carried on, or intended to be carried on. For the avoidance of doubt, you will only be deemed as a Consumer if you own a property rental portfolio of no more than 2 properties.
- If you are a business User, these Terms constitute the entire agreement between Us. You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.
Listings, Pricing and Availability Listings
- For all Listings:
- An Account is required if you wish to submit a Listing.
- You are responsible for ensuring (a) that all information stated in a Listing is true and accurate. We accept no responsibility for the content of Listings. Specifically, you agree, represent and warrant that you have the right to submit the Listing(s), that all information in the Listing(s) is accurate and truthful, that all such information will be kept accurate and up-to-date, that no personal data will be included that you do not have the right to include, and that all such Listing(s) will comply with Our Acceptable Usage Policy, detailed below in Clause 9; and (b) you warrant that you have full authority and permissions to let the Property and you will comply with the Consumer Protection from Unfair Trading Regulations 2008 and, where applicable, the Business Protection from Misleading Regulations 2008 and all industry Codes of Practice and/or best practice.
- You must be the owner or beneficial owner of the property or have the full instruction and capacity to offer the property to let.
- You must not allow anyone else to use your Account, or, where you are an Agent, submit a Listing for which you are not directly instructed as the Agent.
- You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clauses 5.1.2 to 5.1.4. You will be responsible for any loss or damage suffered by Us as a result of such breach.
- vi. You (or your licensors, as appropriate) retain ownership of the content of your Listing(s) and all intellectual property rights subsisting therein. By submitting a Listing, you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence that Listing for the purposes of operating and promoting Our Site.
- If you wish to remove a Listing, you may do so by via your Account dashboard. We will use reasonable efforts to remove the Listing in question from Our Site (and Advertising Market Places) as soon as possible.
- We may reject, reclassify, edit, or remove any Listing where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the Listing in question should be removed as a result.
- You must remove all Listings once the property has been let within no more than three working days of a property going "under offer"; or the property being taken off the market.
- You must change the Listing within 24 hours of becoming aware of any material changes that would affect a User's interpretation of the Listing.
- If you have a Paid Listing:
- We may from time to time change Our Fees. Changes in Fees will not affect any Paid Listing that you have already purchased but will apply to any subsequent renewal of a Paid Listing or a new Paid Listing. We will inform you of any change in Fees at least 28 days before the change is due to take effect. If you do not agree to such a change, you may cancel the Contract as described in sub-Clause 12.1.
- We make all reasonable efforts to ensure that all Fees shown on Our Site are correct at the time of going online. Changes in Fees will not affect any order for a Paid Listing that you have already placed (please note sub-Clause 5.2.5 regarding VAT, however).
- Fees are not checked by Us before We accept your order for a Paid Listing. In the unlikely event that We have shown incorrect Fee information, We will contact you in writing to inform you of the mistake. If the correct Fee is lower than that shown when you made your order, We will simply charge you the lower amount and continue processing your order. If the correct Fee is higher, We will give you the option to purchase the Paid Listing at the correct Fee or to cancel your order. We will not proceed with processing your order in this case until you respond. If We do not receive a response from you within 7 days, We will treat your order as cancelled and notify you of this in writing.
- If We discover an error in the Fee of your Paid Listing after your order is processed, We will inform you immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens. If We inform you of such an error we shall offer you the same rights as set out in clause 5.2.3.
- Fees on Our Site are shown inclusive of VAT which is charged on all Fees at the prevailing rate. If the VAT rate changes between your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
Accounts - How Contracts Are Formed
- In order to submit a Listing, you will be required to open an Account. The Account will give you access to your own dashboard, for you to personalise. Our Site will guide you through the information that will be required for Listings. Once you have created your Account, you will be given the option to choose whether you require a Free or Paid Listing.
- If, during or after the Account process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Account request due to incorrect or incomplete information, We will contact you to ask to correct it.
If you do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel your Account and treat the Contract as being at an end. We will not be responsible for any delay in the completion of the transaction or in the appearance of your Listing on Our Site that results from you providing incorrect or incomplete information.
- We do not check the accuracy of, or the information contained in any Listing and therefore the Listing will be published stating all and only the information you have submitted. It is therefore imperative that you check the accuracy of the Listing before submitting the same.
- No part of Our Site constitutes a contractual offer capable of acceptance. Your request for an Account constitutes a contractual offer that We may, at Our sole discretion, accept. The requesting of an Account does not mean that We have accepted it. Our acceptance is indicated by Us accepting your Account request (i.e. by allowing you to use our Site and/or our Services) at which time there be a legally binding Contract between Us and you.
- Payment for Paid Listings must always be made in advance. Your chosen payment method will be charged immediately when you choose a Paid Listing and if you have chosen a subscription service, your chosen method will be charged monthly in advance on the anniversary of your first payment until such time as you or We terminate this Contract.
- Fees must be made in full, without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).
- Payment methods are as set out on Our Site.
- If you do not make any payment due to Us on time, We will not make your Paid Listing available on Our Site or, in the case of a renewal, will suspend its availability on Our Site. If you do not make payment within 2 working days of Our reminder, We may cancel the Contract, and will inform you of the cancellation in writing. You will still be liable for payment of the Fee on a pro-rata basis for the time that the Paid Listing appeared on Our Site or that of an Advertising Market Place.
- All Users may place unlimited Free Listings on Our Site free of charge.
- If you are a Landlord, you will have the option to choose our single fee service. This will allow you to place a single Listing on our Site for a set Fee (the set Fee is payable per property Listing) and we will also place that Listing with other Advertising Marketing Places. Your Listing will appear on Our site and the Advertising Marketing Places until such time as the property is under offer, rented, or you or We terminate this agreement.
- If you are an Agent:
- You agree and understand that you are entering a rolling monthly subscription;
- The monthly Fee may be increased upon our giving notice as set out in Clause 5.2.1;
- The subscription will commence on the day that you accept these Terms and will continue on a rolling monthly basis until you or We terminate this agreement;
- If you or We terminate this Agreement or close your Account you will not be entitled to any pro-rata refund for the month you have paid even though you will no longer have access to our Services;
- You must ensure that your payment method details are kept up to date;
- All Listings will appear on Our Site and Advertising Marketing Places during the entire period of your subscription unless it is removed by You (or this Contract is terminated);
- There is no limitation to the number of Listings that can be submitted;
- We retain the absolute right as to the order of/placing of Listings on Our Site.
- Where we advertise your Listing(s) with Advertising Marketing Places:
- The number of, and choice of Advertising Marketing Places is solely at our discretion;
- We are not responsible for the acts or omissions of the Advertising Marketing Places;
- We request immediate placing of your Listing on the Advertising Marketing Places but cannot guarantee how and when your Listing will appear on their sites;
- We have no control at to where your Listing will appear on their sites.
- Your Listing will be made available on Our Site immediately when you have submitted your Account details, selected your choice of Service and, where applicable, paid the Fee.
- In some limited circumstances, We may need to suspend the availability of Listings for reasons including, but not limited to, fixing technical problems on Our Site. If your Paid Listing is suspended for such reasons, We will inform you in advance of the suspension whenever possible, explaining why it is necessary. If the suspension lasts for more than 14 days you may end the Contract as described below in sub-Clause 12.2.
- You may use your Account to remove your Listing from Our Site (and any removal will automatically remove listings placed by us on Advertising Marketing Places). Removing a Paid Listing before its expiry will not entitle you to any refund. For details of other cancellation rights, please refer to Clauses 11 and 12.
- We are not responsible for the content or accuracy of, or for any opinions, views, or values expressed in Listings. Any such opinions, views, or values are those of the relevant User and/or Listed Business, and do not reflect Our opinions, views, or values in any way. We have no control over, nor any involvement in, Listings, and We accept no responsibility for any actions taken, or for any products or services provided by, any Listed Business.
Acceptable Usage Policy
- When submitting a Listing, you must not submit or otherwise do anything that:
- does not relate to, or contains information not pertaining to, the letting of residential property;
- promotes or assists in any form of unlawful activity;
- discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;
- is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
- is calculated or is otherwise likely to deceive any User of the Site;
- is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
- misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 9.1);
- implies any form of affiliation with Us where none exists;
- infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyrights, patents, trade marks, and database rights) of any other party;
- is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
- We reserve the right to suspend or terminate your Listing and your access to Our Site if you materially breach the provisions of this Clause 9. No refunds will be given in the event of such suspension or termination. In addition, We may take one or more of the following actions:
- issue you with a written warning;
- take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
- take further legal action against you as appropriate;
- disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
- any other actions which We deem reasonably appropriate (and lawful).
- We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Sale.
Problems with Our Service and Consumers' Legal Rights
- We will provide Our service to you with reasonable care and skill, consistent with best practices and standards in Our market, and in accordance with any and all information provided by Us about Our services and about Us. We always use reasonable endeavours to ensure that Our services are trouble-free. If, however, there is a problem with Listing or with any other aspect of Our services, please contact Us as soon as is reasonably possible via [email protected]. We will use reasonable endeavours to remedy problems as quickly as is reasonably possible and practical.
- If you are a consumer, you have certain legal rights if you purchase services and problems arise. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office.
Ending the Contract
- You may cancel the Contract and remove your Listing at any time via your Account, however subject to Clause 12 (outlining your rights to cancel arising due to something done by Us), We cannot offer any refunds.
- If you are a consumer, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have a right to cancel most contracts entered into online within 14 days (Cancellation Period) but the right cancel and obtain any refund is lost if you have given express consent to supply any services during the Cancellation Period and the service has been fully performed. As Paid Listings are posted to Our Site immediately, our services is performed immediately. For the avoidance of doubt, by submitting a Paid Listing you are asking us to provide our Services immediately and therefore if you remove your Paid Listing during the Cancellation period, you agree and understand that you will not be entitled to a refund.
Ending the Contract Because of Something We Have Done (or Will Do)
- You may end the Contract at any time if We have informed you of a forthcoming change to Our Services, or to these Terms that you do not agree to. If the change is set to take effect or apply to you before the expiry or renewal date of your Paid Listing, We will issue you with a pro-rated refund equal to the time remaining on your Paid Listing. If the change will not take effect or apply to you until the expiry or renewal date of your Paid Listing, the Contract will end on the expiry date and no refund will be due.
- If We have suspended availability of your Paid Listing for more than 14 days or We have informed you that We are going to suspend availability for more than 14 days, you may end the Contract immediately, as described in sub-Clause 8.5. If you end the Contract for this reason, We will issue you with a pro-rata refund for monthly subscriptions only. We will not provide any refund to Landlords who have paid for services as set out in Clause 8.2 provided the Listing has appeared for at least 28 days - if the Listing appeared for less than 28 days we will provide a pro-rata refund.
- If an event outside of Our reasonable control occurs and continues for more than 14 days, you may end the Contract immediately. See sub-Clause 14.2.6 for more information. If you end the Contract for this reason any refunds will be issued in accordance with Clause 12.2.
- You also have a legal right to end the Contract at any time if We are in breach of it. You may also be entitled to a full or partial refund and compensation. For details of your legal rights, if you are a consumer, please refer to your local Citizens Advice Bureau or Trading Standards Office.
- If you wish to exercise your right to cancel under this Clause 12, please email at [email protected] or use our contact page.
- Refunds under this Clause 12 will be issued to you as soon as possible and in any event within 14 calendar days of the day on which you inform us that you wish to cancel.
- Refunds under this Clause 12 will be made using the same payment method that you used when purchasing your Paid Listing.
- If you are a Consumer, We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms (or the Contract) or as a result of Our negligence. Loss or Damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
- If you are a business, subject to sub-Clause 13.4, We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us.
- If you are a business, subject to sub-Clause 13.4, Our total liability to you for all other losses arising out of or in connection with any contract between you and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be either the listing fee paid under Clause 8.2, or 20% of the total sums paid by you under the Contract in question, whichever is the greater sum.
- Nothing in these Terms seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents, or sub-contractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by law.
- In particular, nothing in these Terms seeks to limit Consumers' legal rights. If you are a Consumer, more information about your legal rights can be obtained from your local Citizens Advice Bureau or Trading Standards Office.
Events Outside of Our Control (Force Majeure)
- We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual, or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
- If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms:
- We will inform you as soon as is reasonably possible;
- We will take all reasonable steps to minimise the delay;
- To the extent that We cannot minimise the delay, Our affected obligations under these Terms (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
- We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability as necessary;
- If the event outside of Our control continues for more than 30 days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 calendar days of the date on which the Contract is cancelled and will be made using the same payment method that you used when purchasing your Paid Listing;
- If an event outside of Our control occurs and continues for more than 30 days and you wish to cancel the Contract as a result, you may do so as described in sub-Clause 12.3.
How We Use Your Personal Information (Data Protection)
- All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation ("GDPR") and your rights under the GDPR.
- For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy and Cookies Policy.
Other Important Terms
- We may transfer (assign) Our obligations and rights hereunder to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights hereunder will not be affected and Our obligations hereunder will be transferred to the third party who will remain bound by them.
- You may not transfer (assign) your obligations and rights hereunder without Our express written permission.
- The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms.
- If any of the provisions of these Terms are found to be unlawful, invalid, or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms. The remainder of these Terms shall be valid and enforceable.
- No failure or delay by Us in exercising any of Our rights under these Terms means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms means that We will waive any subsequent breach of the same or any other provision.
- We may revise these Terms from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms as they relate to your Paid Listing, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them (also see sub-Clause 12.1 above).
Law and Jurisdiction
- These Terms, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
- If you are a consumer, any disputes concerning these Terms, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
- If you are a business, any disputes concerning these Terms, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.