Term & Conditions

Terms & Conditions

Content

Definitions Introduction Privacy and Data Protection Acceptable conduct of users Intellectual Property Rights and Usage of Material The Service Your Responsibilities Registration and Billing Liability and Indemnification Editing and Deletion Suspension and Termination of Your Account Legal Jurisdiction Complaints Miscellaneous

Definitions

1.1.     “You”, “your”, “Customer” and “Landlord” shall mean the person who is purchasing services through this Website

1.2.     “We”, “us”, “our”, “Marlou Property” and “Marlou Property Limited” shall mean the owners of the website marlouproperty.co.uk otherwise known as Marlou Property Limited

1.3.     “Tenant” shall mean the person any person who demonstrate an interest in the rental of property advertised on the website MarlouProperty.co.uk

1.4.     “Agreement”, “Terms and Conditions” and “contract” shall mean this document in its entirety

1.5.     Deposit”, “Security Deposit” shall mean any funds received from a tenant for the purpose of security against a tenancy

1.6.     “Property”, “room” shall mean the property to which is being advertised and therefore this Agreement relates

1.7.     “services”, “service”, “package” and “product” shall mean anything that is bought and payment is made for through this website

1.8.     “website”, “site” and “Marlou Property.co.uk” shall refer to this website found at the web address marlluproperty.co.uk

1.9.     “On-line” shall mean the internet

1.10.  “content” and “user content” shall mean anything that is uploaded to the website marlouproperty.co.uk by any person other than the site owner

Introduction

Welcome to Marlou Property.co.uk.

Marlou Property.co.uk is owned and operated by Marlou Property Limited who are registered in England and Wales with company number 09359075. Our registered office is 50a London Road, Stroud, Gloucestershire, GL5 2AD.

These Terms and Conditions apply to the use of this website and any services available for purchase through marlouproperty.co.uk. Other services offered by Marlou Property Limited are advertised on this website but not purchasable and separate Terms and Conditions will be made readily available for these services at the time of purchase. These Terms and Conditions also apply to any current or future sub-domains of marlouproperty.co.uk.

By using or accessing this Marlou Property.co.uk (whether as a guest or a registered user) you confirm your agreement to these Terms and Conditions. These Terms and Conditions form a legally binding contract between Marlou Property and you and your use of this website is at all times subject to these Terms and Conditions and all other applicable laws. If you do not agree to these Terms and Conditions, you should not use this website.

Marlou Property reserve the right to change these Terms and Conditions from time to time and any changes will be displayed on this website. Your continued use of this website following such changes will be deemed to be your acceptance of such amended Terms and Conditions. If you do not accept any such changes, you should not continue to use this Website.

Privacy and Data Protection

Any personal information you supply to us when you use this website will be used in accordance with our Privacy Policy unless expressly mentioned elsewhere in this agreement.

Our Privacy Policy sets forth the conditions under which you provide personal and other information to us. You understand and agree that through your use of the service you consent to the collection and use of your information in accordance with our Privacy Policy. If you object to your information being used in this way, please do not use the service.

When a tenant enquires about a property, we will forward them the relevant landlord’s contact details. If the tenant gives their permission, we will forward their contact details to the landlord also.

Acceptable conduct of users

You may only use this website in accordance with these Terms and Conditions and, in any event, only for lawful and proper purposes. It is your responsibility to comply with all applicable laws, regulations and codes of practice within the UK or other jurisdiction from which you are accessing this website.

4.1.     When using this website you must not;

4.1.1.           Post, transmit or disseminate any information on or via this website which is or may be harmful, obscene, defamatory or otherwise illegal

4.1.2.           Use this website in a manner which causes or may cause an infringement of the rights of any other person

4.1.3.           Make any unauthorised, false or fraudulent advertisement

4.1.4.           Use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of this website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means

4.1.5.           Deface, alter or interfere with the front end look and feel of this website or the underlying software code

4.1.6.           Use any robot, spider, scraper or other automated means to access this website for any purpose or use any robot, spider, scraper or other automated means or any manual process to monitor, copy or extract any material on this website without the prior written consent of Marlou Property Limited

4.1.7.           Violate the restrictions in any robot exclusion headers on this website or bypass or circumvent other measures employed to prevent or limit access to this website

4.1.8.           Carry out any “caching”, “framing” or “mirroring” of any material on this website

4.1.9.           Take any action that imposes an unreasonable or disproportionately large load on this website or related infrastructure

4.1.10.        Obtain or attempt to obtain unauthorised access, via whatever means, to any of our networks

1.1.11.        Use the site to promote any other property or service other than that represented in the specific advertisement or listing for which you have paid

4.1.12.        Post or transmit viruses, Trojan horses, worms, spyware, time bombs, cancel bots, or other computer programming routines that may harm the service or interest or rights of other users, or that may harvest or collect data or personal information about other users without their consent

4.2.     Where, in our absolute discretion, we believe there has been a violation to these Terms and Conditions we reserve the right, without prejudice to any of our other rights, to

4.2.1.           Cancel your advertisements without refund or any other compensation and/or

4.2.2.           Suspend or terminate your account with us with immediate effect and/or

4.2.3.           Deny you access to this website

Intellectual Property Rights and Usage of Material

5.1.     Our Intellectual Property Rights

All trademarks, copyright, database rights and other intellectual property rights in the materials on this website, including the organisation and layout of this website, together with the underlying software code and any other information provided to you in the course of the receipt of any services, are owned or licensed directly by Marlou Property Limited. Without our prior written permission, you may not copy, reproduce, reverse engineer, modify, create derivative works from, publish, transmit, distribute, or otherwise publicly display, or sell or transfer any material on this website or the underlying software code or any other information provided to you in the course of the receipt of any services, whether in whole or in part. However, a single copy of the contents of this website may be downloaded, printed or copied for your personal non-commercial use.

Marlou Property Limited hereby grants you a non-exclusive, non-transferable, limited, revocable license to access and use the service for the promotion and advertising of property to let as set forth in the Terms and Conditions of service and expressly conditioned upon you and of your account remaining active, in good standing, and in full compliance with these Terms and Conditions of Service.

If you breach any of these Terms and Conditions, your permission to use the materials on this website and any other information provided to you in the course of the receipt of any services, automatically ceases and you must immediately destroy any copies you have made.

5.2.     Your Intellectual Property Rights

You retain any and all intellectual property rights you already hold under applicable law in content you upload, publish, and submit to or through the service, subject to the rights, licenses, and other terms of this agreement and you affirm, represent and warrant that you own or have all necessary intellectual property rights, licenses, consents, and permissions to use and authorise Marlou Property Limited to use the content in the manner as contemplated by the service and these Terms and Conditions of Service.

You agree that when you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers), license to use, display, distribute and reproduce such content in whole or in part in any media, including via our Partners’ websites as set out below. (We need these rights to host and display your content.)

You warrant that all content (including, but not limited to, photographs) provided by you is accurate and does not infringe the rights of any third party and you shall indemnify us and keep us indemnified against any claim against us by any third party in relation to any such infringement

The Service

This section of these Terms and Conditions apply only to services that are purchased through the website marlouproperty.co.uk. All other services advertised on this website that cannot be purchased through this website are subject to separate Terms and Conditions that will be made available to you should you purchase any of these services.

6.1  General

Marlou Property Limited has the right to change and/or eliminate any aspect(s), features or functionality of the service as it sees fit at any time without notice, and Marlou Property Limited makes no commitment, expressed or implied, to maintain or continue any aspect of the service. You acknowledge that your use of the service is subject to this risk and that you knowingly assume it and make your decision to participate in the service, contribute data either written or photographic and spend money accordingly.

You acknowledge that you will be exposed to various aspects of the service involving the conduct, content and services of users, and that Marlou Property Limited does not control and is not responsible or liable for the quality, safety, legality, truthfulness or accuracy of any such conduct, any content uploaded, published or submitted by users to or through the service or user services. You acknowledge that Marlou Property Limited does not guarantee the accuracy of information submitted by any user of the service, nor any identity information about any user. Your interactions with other users and use of user content and user services are entirely at your own risk.

You agree that Marlou Property Limited has and may exercise the right in its sole discretion to pre-screen, refuse, or delete any user content or user services from the service or disable any user’s access to the service without notice or liability to you or any other party, including upon our belief that such user’s conduct, content, services, or use of the service is potentially illegal, threatening, or otherwise harmful to any user or other person or in violation of our Terms and Conditions of Service or other policies.

The service may contain links to or otherwise allow connections to third-part websites, servers, and online services or environments that are not owned or controlled by Marlou Property Limited. You agree that Marlou Property Limited is not responsible or liable for the content, policies, or practices of any third-part websites, servers, or online services or environments. Please consult any applicable terms of use and privacy policies provided by the third-party for such websites, servers, or online services or environments.

Marlou Property Limited may telephone or email you with offers of additional services which we offer. If you order additional services over the telephone, payment will be required, in full immediately over the telephone in advance of receipt of the service by you.

Marlou Property Limited does not guarantee the rental of your property as a result of their services and under no circumstances will fees be refunded if this is not achieved.

Marlou Property Limited reserve the right to reject, at our sole discretion, any property listing even if we have acknowledged receipt of payment and taken payment from you.

6.2  Interruptions to Service

Marlou Property Limited may on occasion need to interrupt the Service with or without notice. You agree that Marlou Property Limited, whether intentional or not, will not be liable for any such interruption of the Service, or any deletion, corruption or loss of data resulting from any interruption, and you understand and accept that you will not be entitled to any refunds of fees or other compensation for interruption of service.

The publication of the properties on Marlou Property Limited’s partner sites is potentially subject to amendment or cancellation without notice. This is due to the fact that the partner sites may impose changes, and as such Marlou Property Limited cannot guarantee unlimited publication with them. You understand and accept that you will not be entitled to any refunds of fees or other compensation from Marlou Property Limited in the event Marlou Property Limited’s partner sites amend or cancel the publication of your properties.

6.3  Fees

You will pay us the applicable fees listed on this website for the service which you are purchasing through this website at the time of your order including any relevant taxes such as Value Added Tax. Fees are payable in advance by debit or credit card in GB pounds sterling.

The fees charged by Marlou Property Limited for any service are liable to amendment and any such amendments will be listed on the relevant page of this website. Marlou Property Limited reserve the right to amend the fees for any service at any time. The applicable fees for any service that you are purchasing will be the fee that is listed.

Fees for additional services that have been offered to you by telephone are advertised in these Terms and Conditions in the relevant section. You will be notified of the relevant fees for any additional services that you wish to purchase over the telephone prior to purchase. Payment for additional services purchased over the telephone will be required at the time of order in advance to the receipt of the services by you unless otherwise agreed at the discretion of Marlou Property Limited. Fees for additional services will be payable by debit or credit card in GB pounds sterling including any relevant taxes such as Value Added Tax.

6.4  Promotions and Discounts

Marlou Property Limited may choose to temporarily change the fees for our services for promotional events or new services and such changes are effective during the period set out on the relevant page of this Website.

Any discount code or gift voucher supplied to you by us or any of our affiliates which may entitle you to purchase our services at reduced cost must only be used on one single occasion and must be used at the time of purchase and will not be accepted retrospectively.

6.5  Tenant Find Service

In providing the Tenant Find Service, Marlou Property Limited, in accordance with other Terms and Conditions mentioned elsewhere in this agreement, will

6.5.1      Take all reasonable efforts to advertise your property to let on this website and all our partner websites, in accordance with individual partner website Terms and Conditions, within 12 hours of you submitting your listing.

6.5.2      Advertise your property To Let with pictures supplied by you on this website and all our partner websites, in accordance with individual partner website Terms and Conditions, as accurately as possible to your original posting.

6.5.3      Where available, and providing it complies with local authority regulations, place a To Let/Let board at your property for the duration that the property is advertised as ‘To Let’ and for 2 weeks after the property is ‘Let’. Marlou Property Limited make no guarantee that a To Let/Let board will be available and make no guarantee that one will be placed at your property.

6.5.4      Advertise your property until let for a maximum of 90 days from the listing date after which time we shall contact you to inform you that your listing is coming to an end and offer you the option to extend your listing for an additional fee as advertised elsewhere in these Terms and Conditions. In addition, where a property receives over 40 tenant enquiries that meet your pre-determined criteria and that have been passed on to you without a successful let of your property within 90 days, Marlou Property Limited reserve the right to stop advertising your property.

6.5.5      Receive all tenant enquiries for your advertised property, filter them to your individual pre-determined criteria and, should the pre-determined criteria be met, pass your contact details to the tenant to make contact with yourself for the arrangement of a viewing and, with the permission of the tenant, pass their contact details to you.

6.5.6      Make all reasonable efforts to pass all details of tenant enquiries that meet your pre-determined criteria within 24 hours of them being received by email and/or telephone. In most cases tenant enquiries that meet your pre-determined criteria will be passed on to you the same day as they were received.

6.5.7      Follow up by telephone call and/or email with yourself and/or any tenants who have viewed your property for the purpose of learning how the tenant wishes to proceed and in turn, if you accept the tenant for a tenancy

6.5.8      Apply for, take up and hold to your order references and credit checks and obtain guarantors where necessary on all successful tenants

6.5.9      Provide you with a template Assured Shorthold Tenancy Agreement for completion by yourself

6.5.10   Pass on to you all relevant contact information for your new tenants.

6.6  Tenant Find Service for Houses of Multiple Occupation, Student Property or a Room in a House

In providing this service, Marlou Property Limited, in accordance with other Terms and Conditions mentioned elsewhere in this agreement, will

6.6.1      Take all reasonable efforts to advertise your room to let on this website and all our partner websites, in accordance with individual partner website Terms and Conditions, within 12 hours of you submitting your listing.

6.6.2      Advertise your room To Let with pictures supplied by you on this website and all our partner websites, in accordance with individual partner website Terms and Conditions, as accurately as possible to your original posting.

6.6.3      Where available, and providing it complies with local authority regulations, place a To Let/Let board at your property for the duration that the room is advertised as ‘To Let’ and for 2 weeks after the room is ‘Let’. Marlou Property Limited make no guarantee that a To Let/Let board will be available and make no guarantee that one will be placed at your property.

6.6.4      Advertise your room until let for a maximum of 60 days from the listing date after which time we shall contact you to inform you that your listing is coming to an end and offer you the option to extend your listing for an additional fee as advertised elsewhere in these Terms and Conditions. In addition, where a room receives over 40 tenant enquiries that meet your pre-determined criteria and that have been passed on to you without a successful let of your room within 60 days, Marlou Property Limited reserve the right to stop advertising your room.

6.6.5    Where more than one room is advertised in a single property and you benefit from our rate for multiple rooms as advertised on this website, this benefit applies to a minimum of two rooms and up to a maximum of five rooms in one single property. Should the number of rooms exceed five then to advertise more than five rooms you will be required to purchase the same service again for every 5 rooms advertised in a single property.

6.6.6      Receive all tenant enquiries for your advertised room, filter them to your individual pre-determined criteria and, should the pre-determined criteria be met, pass your contact details to the tenant to make contact with yourself for the arrangement of a viewing and, with the permission of the tenant, pass their contact details to you.

6.6.7      Make all reasonable efforts to pass all details of tenant enquiries that meet your pre-determined criteria within 24 hours of them being received by email and/or telephone. In most cases tenant enquiries that meet your pre-determined criteria will be passed on to you the same day as they were received.

6.6.8      Follow up by telephone call and/or email with yourself and/or any tenants who have viewed your property for the purpose of learning how the tenant wishes to proceed and in turn, if you accept the tenant for a tenancy

6.6.9      Apply for, take up and hold to your order references and credit checks and obtain guarantors where necessary on all successful tenants

6.6.10   Provide you with a template Assured Shorthold Tenancy Agreement for completion by yourself

6.6.11   Pass on to you all relevant contact information for your new tenants.

6.7  Additional Services

Marlou Property Limited may contact you during your listing to offer you additional services that may be of use to you, these include, but are not limited to;

6.7.1      Registration of any deposit received against your property with a government approved tenancy deposit scheme. Marlou Property Limited charge an additional fee, payable in advance by debit/credit card of £10 payable in GB pounds sterling including any relevant taxes such as Value Added Tax

6.7.2      Provision of an Energy Performance Certificate. Marlou Property Limited charge an additional fee, payable in advance by debit/credit card of £60 payable in GB pounds sterling including any relevant taxes such as Value Added Tax

6.7.3      Accompanied viewings carried out by one of our highly experienced lettings team. Marlou Property Limited charge an additional fee, payable in advance by debit/credit card of £40 per individual accompanied viewing or £240 for unlimited accompanied viewings. All fees are payable in GB pounds sterling including any relevant taxes such as Value Added Tax.

6.7.4      Relist your property after the terms of the initial listing has expired. Marlou Property Limited charge an additional fee of £15 per relist All fees are payable in GB pounds sterling including any relevant taxes such as Value Added Tax.

Your Responsibilities

You accept sole responsibility for the legality of your actions under laws applying to you and your property and the legality of any items you list on this website. By uploading your property to this website and paying the applicable fees for the service you have chosen, you accept and agree to adhere to, but not limited to, the following responsibilities;

7.1.     To provide accurate descriptions and photographs of your property to Marlou Property Limited. Marlou Property Limited will not accept responsibility for any mis-representation of a property and reserve the right, at our absolute discretion, to remove any property listing, without refund that has been mis-represented, whether intentionally or unintentionally, by you.

Property descriptions must contain at least one useable photograph and a written description should be of no less than 100 words.

7.2.     To set the rental price for your property. Marlou Property Limited will not be liable for any incorrect pricing.

7.3.     Not to upload any corporate or other logo, image or brand identifier to your property description or include the same in any image you submit to us. Similarly, you must not include your phone number, website address or email address to your property description.

7.4.     To ensure that, where applicable, all relevant safety precautions are in place for your property. These may include, but are not limited to;

·         A current landlords electrical safety certificate

·         A current landlords gas safety certificate

·         Adequate insurance to cover all eventualities

·         All furnishings within the property pass Fire Safety Regulations 1998

·         Smoke, fire and carbon monoxide detectors are in place

7.5.     To provide a suitable Energy Performance Certificate (EPC) within seven days of listing a property on this website. If we do not receive a completed EPC within a further 21 days of listing or if it is not shown here: www.epcregister.com, we reserve the right to remove any property listed without refund or compensation to you.

7.6.     To ensure permission has been granted from your mortgage lender to let out your property.

7.7.     To ensure that, at all times, compliance with the provisions of the Housing Act 2004 (including any secondary legislation, orders or regulations made under it) related to the licensing of HMOs and the terms and conditions of any applicable license granted pursuant to said Act. You acknowledge and agree that Marlou Property Limited shall be under no obligation to comply with said Act for the services that relate to this agreement and effectually indemnify us against any non-compliance of the Act by yourself as landlords including as to any costs damages expenses fines and/or penalties suffered or incurred by Marlou Property Limited in connection with any such non-compliance.

7.8.     To pay Marlou Property Limited our fees (for example, in relation to tenant referencing) due from tenants for our services, that might otherwise be payable by them under these Terms and Conditions, for any property in Scotland.

7.9.     To pay the fees in full for the services for which you are purchasing and that you will pay such sums before the service commences.

7.10.  To notify us as soon as possible about any changes to the status of your property, e.g. already let or taken off the market.

7.11.  To arrange and conduct your own viewings for the property as advertised on this website. You are entirely responsible for your own safety during any viewings you conduct.

7.12.  To allow Marlou Property Limited to reference any and all successful tenants over the age of 18 for a fee determined by Marlou Property Limited including any relevant taxes such as Value Added Tax. The entitlement for Marlou Property Limited to charge said fees to tenants who have been accepted to rent your property is a condition of this agreement and Marlou Property Limited reserve the right to cancel your listing and/or suspend or terminate your account with us with immediate effect and/or request payment from yourself of the tenants fees.

7.13.  To ensure all tax that is due from rental income is declared to the Inland Revenue no matter if the landlord is resident in the UK or overseas

7.14.  To ensure standing order payments are arranged by the landlord to allow for rental payments by the tenant

7.15.  To supply a rent book, where required, that is given to the tenant to register weekly rental payments

7.16.  To transfer all relevant utility bills into the current tenants’ name

7.17.  To ensure council tax payments are made by the current tenant or yourself as applicable

7.18.  To place all tenants deposits in a suitable tenancy deposit scheme, or the landlord holds the tenants deposit and has insured the tenants deposit via a suitable tenancy deposit scheme. Marlou Property Limited will not take any responsibility for any tenancy deposit that has been received but not protected adequately under current law save for if this additional service has been purchased as outlined in this agreement.

7.19.  To resolve all and any disputes that arise between yourself and tenant who have used our service solely between yourself and tenant. Marlou property Limited are not responsible and shall have no liability for any disagreements or disputes that may arise throughout a tenancy term.

In the case of deposits held under a tenancy deposit scheme, if Marlou Property Limited have collected the deposit on behalf you, we are deemed to have acted as ‘stakeholder’ so that in the event of any dispute, Marlou Property Limited will take only such reasonable and appropriate action as may be determined by the relevant dispute resolution service in relation to the dispute.

Registration and Billing

In using this website for the purpose of advertising property To Let, it is a requirement of Marlou Property Limited that you establish an account before using the service. In establishing an account through this website you agree;

8.1.     To provide accurate, current and complete information about yourself and your property as prompted by the registration form and to use the account management tools provided to keep your registered information accurate, current and complete.

8.2.     Not to transfer or assign your account and its contractual rights and obligations, to any third party without the prior written consent of Marlou Property Limited.

8.3.     That from the time you make an on-line payment for services through this website you enter in to this contract. You may cancel your contract entered in to by paying for services through this Website for any reason within 168 hours (7 days) after the on-line payment for the advertisement was made by you. Marlou Property Limited will pay you a refund of the fee for the cancelled service subject to a valid reason and provided the cancellation notification was received by Marlou Property Limited in writing during the initial 168 hours (7 days) hours after the on-line payment for such service was made by you. No refund will be given when you receive an enquiry for the posting through the service into your account, within the initial 168 hours (7 days) period.

Liability and Indemnification

9.1.     Limitation of Liability

Save as provided elsewhere in these Terms and Conditions, to the maximum extent permitted by law, we exclude all warranties, conditions or other terms, whether express or implied, whether by statute, case law, custom or otherwise in relation to this website or any services, including without limitation as to satisfactory quality, fitness for particular purpose, non-infringement, availability, compatibility, accuracy or completeness. Further to this you acknowledge and agree that;

9.1.1.           The material on this website is only for information purposes and is provided on an “as

is” and “as available” basis without representation or endorsement of any kind and is obtained at your own risk. The material on this website does not constitute advice and you should not rely on any material in this website to make (or refrain from making) any decision or take (or refrain from taking) any action. Neither Marlou Property Limited nor any participant in this website and its services provides professional advice of any kind and use of such advice or other information is solely at your own risk and without our liability of any kind

9.1.2.           Marlou Property Limited will not be liable if for any reason this website is unavailable at

any time or for any period. Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

9.1.3.           We make no warranty that this website (or websites which are linked to this website) is

free from computer viruses or any other malicious or impairing computer program.

9.1.4.           The material on this website may be updated from time to time and may at times be out

of date. We accept no responsibility for keeping the information on this website up to date or liability for any failure to do so

9.1.5.           Marlou Property Limited have no control over, do not guarantee, and you will not hold us

responsible for:

·         Your safety during the viewings of properties that you conduct

·         The quality, safety or legality of items advertised

·         The truth or accuracy of listings

·         The truth or accuracy of feedbacvk or other content posted by users on this website

·         The ability of users to vend or pay for items

·         Whether a user will actually complete a transaction

9.1.6.           You should not assume that the offer, sale, purchase, export or import of any item is

valid and legal simply because it is listed on this website.

9.1.7.           You accept sole responsibility for the legality of your actions under laws applying to you

in connection with your use of this website and/or the receipt of any services

9.1.8.           Marlou Property Limited cannot and does not confirm, and is not responsible for

ensuring, the accuracy or truthfulness of users’ purported identities or the validity of the information which they provide to us or post on this website.

9.1.9.           While we will use our reasonable endeavors to maintain an uninterrupted service, we

cannot guarantee this and we do not give any promises or warranties, whether express or implied, about the availability of our services.

9.1.10.        You acknowledge that  your participation in the service, including your creation or

uploading of content in the service , does not make you a Marlou Property Limited employee and that you do not expect to be compensated by Marlou Property Limited for such activities, and you will make no claim inconsistent with these acknowledgements. In addition, no agency, partnership, joint venture, franchise relationship is intended or created by this agreement.

9.1.11.        Save as provided elsewhere in these Terms and Conditions, to the maximum extent

permitted by law, we, including our affiliates, officers, directors, agents, subcontractors and employees, will not be liable to you in contract, tort (including negligence) or otherwise for any liabilities, damages or losses (whether direct, indirect, consequential, special or otherwise) incurred or suffered by you or any third party in connection with this website, or in connection with the use, inability to use, or results of the use of this website, any websites linked to it and any materials posted on it. We do not limit liability for fraudulent misrepresentation or death and personal injury arising from 0ur negligence.

9.2.     Indemnity

You agree to defend, indemnify and hold harmless Marlou Property Limited, its officers, directors, shareholders, employees, subsidiaries, and agents from all damages, liabilities, claims, expenses, including without limitation lawyers fees and costs arising from: (1) any breach by you of this agreement, including without limitation your representations and warranties relating to your content; or (2) your acts, omissions or use of the service, including without limitation your negligent, wilful or illegal conduct.

9.3.     Limitation of Liability for Services

9.3.1.           We shall not be liable for any failure in, or delay in, performing the services to the extent

directly prevented or delayed by:

·         any information and documentation provided to us by you or on your behalf or by any of your tenants in relation to the services

·         any instructions provided to us by you or on your behalf or by any of your tenants being materially incomplete, inaccurate, illegible, out of sequence or in the wrong form, or arising from their material late delivery or non-delivery

·         any failure by you to comply with your obligations as expressly set out in any description of the relevant services listed on this agreement

·         any act or omission by the tenants of your property. It is your responsibility to procure that your tenants cooperate with us to allow us to provide the services. We reserve the right not to deal with uncooperative tenants and to suspend our services in relation to an affected property altogether or for such period as we in our absolute discretion shall determine.

9.3.2.           For the avoidance of doubt, Marlou Property Limited shall have no liability (including

without limitation to you or to any of your tenants) in respect of gas certification.

9.3.3.           We do not limit liability for fraudulent misrepresentation or death and personal injury

arising from our negligence. We, including our affiliates, officers, directors, agents, subcontractors and employees, will not be liable to you in contract, tort (including negligence) or otherwise for indirect or consequential loss incurred or suffered by you or any third party, including without limitation any of your tenants, in connection with the receipt of any services. Subject to the forgoing, to the maximum extent permitted by law, our, including our affiliates, officers, directors, agents, subcontractors and employees, aggregate liability, whether in contract, tort (including negligence) or otherwise for any loss incurred or suffered by you or any third party, including without limitation any of your tenants, in connection with the receipt of any services is limited to the amount of any fees paid by you in respect of the relevant services.

9.4.     Third Party Materials and Services

9.4.1.           This website contains material (including but not limited to advertisements) submitted

and created by third parties. All third party material is published by Marlou Property Limited in good faith. Marlou Property Limited does not accept any responsibility for the accuracy of such material (nor is any warranty expressed or implied by publication) and Marlou Property Limited specifically disclaims and excludes all liability to any person (be they advertiser, reader or user) for any loss or damage of any nature whatsoever or however arising from any error, omission or inaccuracy in such material and Marlou Property Limited takes no responsibility for such material.

9.4.2.           In the event that you purchase or obtain any goods or services from a third party then

your acquisition of such goods or services will be in accordance with the third party’s terms and conditions and Marlou Property Limited will have no liability to you in respect of the same.

9.4.3.           You agree that Marlou Property Limited has not conferred by implication, or otherwise,

any license or right under any patent, trademark or copyright (except as expressly provided) of Marlou Property Limited or of any third party.

Editing and Deletion

10.1.     You can amend the details about your property listing or personal particulars at any time by logging in to your online account using your username and password. Alternatively you can email Marlou Property Limited all amendments you wish to make at info@marlouproperty.co.uk. We will make all reasonable efforts to implement your amendments within our own website and all our partner websites, in accordance with individual partner website Terms and Conditions, within 24 hours of receiving them.

10.2.     We reserve the right to remove property listings from this website and other property sites fed from this website if we have reasonable cause to believe the property is no longer available for rent. We will use reasonable endeavors to notify you by email prior to such removal.

10.3.     If a user reports a mis-description in your property listing, we reserve the right to remove the relevant listing from this Website and to contact you to request confirmation that the advert is correct. Upon receipt of such confirmation, we will decide, at our sole discretion, whether to re-instate your advert. No refund will be payable to you where your advert is removed in accordance with this process.

10.4.     If you wish to remove an advert this can be carried out by logging into your online account, using your username and password. Alternatively, you can email the rental address to info@marlouproperty.co.uk clearly stating within the email that the advert is to be removed. You may also call 01453 767368.

10.5.     Once a property has been removed from this website we are unable to advertise the property again unless payment has been received in full for a new term.

Suspension and Termination of Your Account

11.1.     You may terminate this agreement by closing your account at any time for any reason. In such event, Marlou Property Limited shall have no further obligation or liability to you under this agreement or otherwise, and you shall be entitled to no compensation or other payment, remedy, recourse or refund.

11.2.     Marlou Property Limited may suspend or terminate your account if you violate this agreement. Upon termination of your account, this agreement between us will be automatically terminated and you may not re-subscribe to the aervice. You will not be entitled to compensation for such suspension or termination, and you acknowledge that Marlou Property Limited will have no liability to you in connection with such suspension or termination.

11.3.     If Marlou Property Limited elects to generally suspend or discontinue the service, in whole or in part, for any reason, Marlou Property Limited may suspend or terminate your account. In such event you will not be entitled to compensation for such suspension or termination, and you acknowledge Marlou Property Limited will have no liability to you in connection with such suspension or termination.

Legal Jurisdiction

This agreement shall be governed by and is construed in accordance with English law and Marlou Property Limited and you irrevocably agree that any dispute arising out of or in connection with this agreement will be subject to and within the jurisdiction of the English courts.

Complaints

Marlou Property Limited aim to provide a high level of customer service and to treat all users of the service in a fair and honest way. In the event of a complaint, please send an email at your earliest convenience to complaints@marlouproperty.co.uk or call us on 01453 767368 or write to us at Customer Services, Marlou Property Limited, 50a London Road, Stroud, Gloucestershire, GL5 2AD

Miscellaneous

14.1.     These Terms and Conditions and the Privacy Policy and any relevant services description contain all the terms of your agreement with us relating to your use of this website and any services that are sold directly through this website. No other written or oral statement, including statements in any brochure or promotional literature published by us, will be incorporated.

14.2.     Marlou Property Limited may at any time and without liability modify, suspend or discontinue this website, or any part thereof, with or without notice, for any valid technical, operational or commercial reasons.

14.3.     This website is controlled by Marlou Property Limited from its premises in the United Kingdom and from any persons, based in the United Kingdom, with whom Marlou Property Limited employs to maintain this website. Marlou Property Limited makes no suggestion that this website is suitable or accessible for use in other places, and access to it from territories where its substance is illegal is prohibited. Those who choose to access this website from other places are responsible for observance with relevant local laws and do so on their own initiative. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms and Conditions, which will remain in full force and effect. No waiver of any term of these Terms and Conditions will be deemed a further or continuing waiver of such term or any other term.

This website may include links to other internet sites. We do not endorse any such websites and we are not responsible for the information, material, products or services contained on or accessible through those websites. Your access and use of such websites remains solely at your own risk.

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