Love Your Postcode credit reference terms – Landlords

13th February 2014

1. Our credit reference service and these credit reference terms

1.1 Who are we

Loveyourpostcode.com (our “Site”) [add any others] is owned and operated by Love Your Postcode, a company registered in England and Wales under. Our registered office is 86 Birmingham Street, Oldbury, West Midlands, B69 4EB United Kingdom.

1.2 Our Credit Reference Service

Our Credit Reference Service is provided entirely through our Site. These terms include our site terms and our Privacy (together, our “Credit Reference Terms”). If you do not accept all of our Credit Reference Terms, then you must not use our Credit Reference Service.

1.3 Amendments to these terms

We will provide you with our Credit Reference Service from time to time on the basis of these Credit Reference Terms (as we amend and update them from time to time). The relevant Credit Reference Terms are those in effect at the date that you submit to us a Credit Reference Request in respect of a prospective tenant or guarantor for a prospective tenant for your Property.

1.4 When the terms will apply to you

Our agreement with you under these Credit Reference Terms commences on the date that we agree in writing to you to provide the Credit Reference Service after you have submitted to us a Credit Reference Request. It continues until it is terminated in accordance with these Credit Reference Terms.

1.5 Requesting a Credit Reference

1.5.1 To make a request for a Credit Reference Service in respect of any individual, you must complete and submit to us a complete and accurate Credit Reference Form (and you hereby warrant its completeness and accuracy to us) (a “Credit Reference Request”).

1.5.2 We will use reasonable endeavours to, within 48 hours after our receipt of your Credit Reference Request:

(a) contact the individual requesting the relevant Personal Data required by us in order for us to process your Credit Reference Request; and

(b) after we have received all the requested information from that individual, provide you and that individual with a Credit Reference Report in respect of that individual.

1.6 Receiving your Credit Reference Report

Once we have produced a Credit Reference Report in response to your Credit Reference Request we will do the following:

1.6.1 we will email it to you.

1.6.2 we will email it to the individual who is the subject of the Credit Reference Report.

1.7 Changes to format/content

We have the right to change from time to time the form and/or content of the Credit Reference Service or the methods used by you to access or use the Site and/or Credit Reference Service but we will use our reasonable endeavours to give you prior notice of such changes, upgrade or modification through email [or an update to your dashboard] or by posting a notice on our Site.

2. Your rights and obligations in respect of our credit reference service

2.1 Accuracy of information which you give

You must do all of the following:

2.1.1 ensure that any information you provide to us in connection with the Credit Reference Service is complete and accurate; and

2.1.2 provide us with all such information as we may reasonably request from time to time in order to enable us to carry out the Credit Reference Service.

2.2 Use of the Reports

You acknowledge and agree that a Credit Reference Report may only be used by you and no other person (“Permitted Persons”). You acknowledge and agree that a Credit Reference Report may only be used by a Permitted Person for the purposes of assessing whether a person who is the subject of the Credit Reference Report is suitable to rent a Property and/or is suitable to guarantee the rent payable as tenant of a Property (“Permitted Persons”). Save as expressly set out in these Credit Reference Terms, you agree that you shall, and shall procure that no Permitted Person shall, under any circumstance sell, transfer, distribute or otherwise make the Credit Reference Service or any Credit Reference Report available to, or use the Credit Reference Services or any Credit Reference Report on behalf of, anyone who is not a Permitted Person. You also agree that you will not permit any other person to use our Credit Reference Service or (through your acts or omissions) enable any third party to access any secure parts of the Site on your behalf.

2.3 Warranty

You warrant to us that you are a landlord and that you are using the Credit Reference Service, the Credit Reference Reports and the Credit Reference Report Information for the Permitted Purpose only. This warranty shall be deemed to be repeated each and every time you use our Credit Reference Service.

3. Charges and payment

3.1 Payment

Before we will process any Credit Reference Request from you, you must pay by [insert method] the charges in advance for the Credit Reference Service. We have a right to deduct any charges which are payable by you to us from any amounts which we owe to you.

3.2 Charges

The amounts of our charges for our Credit Reference Service are specified on the Site from time to time. We have the right to change the amount of our charges from time to time and such changes will come into effect from the time that is the earlier of the date that we notify you of the change in writing through email [or an update to your dashboard] and the date that we post details of the changes on the Site. Unless otherwise specified, all charges specified on the Site for Credit Reference Services are exclusive of VAT or any other taxes which might apply, which you shall also be liable to pay to us

4. Intellectual property and confidential information

4.1 Our ownership of intellectual property rights

Unless otherwise expressly stated, all Intellectual Property Rights in the Credit Reference Reports is owned by or licensed to us.

4.2 Restrictions on your copying of Reports

Except as expressly permitted by these Credit Reference Report, you may not make a copy of any Credit Reference Reports or any part of them for any other purpose without our prior written consent, which may be granted at our sole discretion (or where we do not own the Intellectual Property Rights, we will direct you to the owners themselves for such consent (where reasonably practicable)).

4.3 Confidentiality

You agree to keep confidential any Confidential Information disclosed to you by us, except to the extent otherwise expressly permitted by these Credit Reference Terms. You also acknowledge and agree that all Credit Reference Reports and Credit Reference Report Information is Confidential Information.

5. Data protection

5.1 Privacy Policy

In the course of providing the Credit Reference Service to you, we will need to make use of Personal Data which you provide about yourself, either voluntarily or in the course of using the Site or about others. We will use such Personal Data in accordance with our Privacy Policy.

5.2 Consent

In relation to any Personal Data in respect of any person other than yourself, you acknowledge and consent to the following:

5.2.1 that, before such Personal Data is provided to us in respect of a person who is or is proposed to be the subject of a Credit Reference Report, your or that other person’s consents may be required by law and will be given or procured in order to enable us to use such Personal Data for the purpose of enabling us to fulfil our obligations under the Credit Reference Terms and to do so, without ourselves or our suppliers being in breach of the Data Protection Act 1998 or any other applicable legislation; and

5.2.2 in accordance with our Privacy Policy, we may use or disclose their Personal Data to our suppliers (including credit reference agencies) for us and such suppliers to:

(a) search for information and data concerning such person with a view to producing a Credit Reference Report concerning them;

(b) record any such searches as having been made;

(c) disclose their Personal Data and any Credit Reference Report concerning them to them or the Permitted Persons for the Permitted Purposes;

(d) share their Personal Data with providers of credit and other persons making a search against such person in future, in the knowledge that their Personal Data may be used by such persons for credit decisions concerning them in future; and

(e) for fraud prevention purposes.

5.3 Compliance with Data Protection Act

You agree that you and all Permitted Persons will comply with your and their obligations under the Data Protection Act 1998 and all other applicable legislation in respect of Credit Reference Reports.

6. Your reliance on the credit reference reports and our liability

6.1 Use at your risk

The Credit Reference Report Information is provided “as is” and some or all of the Credit Reference Report Information may be given to us by different third parties (such as credit reference agencies) and we do not control those parties or their information. Opinions expressed within such Credit Reference Report Information are those of their authors and do not necessarily represent wlyp.co.uk’s opinions. We make no representation, endorsement, warranty or guarantee as to the accuracy or completeness of such information. We will not be liable for any action taken (or not taken) in reliance upon the Credit Reference Report Information and such action is taken entirely at your own risk.

6.2 We do not verify identity

You agree that we are not obliged to verify the identity of any person whose Personal Data is provided to us in the course of providing the Credit Reference Service. You hereby acknowledge and agree that our Credit Reference Reports rely on the accuracy, completeness and truthfulness of the information provided to us by you and third parties (including persons who may themselves be the subject of a Credit Reference Report) and that our Credit Reference Reports are not intended to confirm the identity of any person or confirm the accuracy of any information provided by any person to you or us in connection with the Credit Reference Service.

6.3 Corrections

We have the right to make changes to Credit Reference Report Information to correct any errors or omissions (at our discretion) without notice and without liability to you.

6.4 Indemnity

You hereby agree to free us, indemnify us and hold us harmless from and against all claims, losses, damages, costs (including legal costs), expenses and liabilities which we suffer or incur, or may suffer or incur, arising out of or in connection with any claim by any third party that, in the course of fulfilling our obligations under the Credit Reference Terms:

6.4.1 we used a third party’s Personal Data which you had supplied to us without permission or in a manner which they had not agreed to; or

6.4.2 as a result of any failure by you to comply with your obligations under these Credit Terms or arising from any breach of your obligations under these Credit Reference Terms. Nothing in these Conditions shall exclude or limit our liability for fraud, death or personal injury or any other liability which cannot be excluded or limited by law. Save in respect of any obligation under these Credit Reference Terms to make any payment, no party shall be liable to any other party for any delay in performing any of its obligations if such a delay is caused by circumstances beyond the reasonable control of the party delaying (and such party shall be entitled to a reasonable extension of time for the performance of such obligations).

6.5 Exclusion for certain types of loss or damage

We shall have no liability to you for any Losses or for any indirect, special, consequential loss or damage to you or any third party arising from the Credit Reference Service whether arising from our negligence or otherwise. In no circumstances will we have any liability to you for any losses, damages, costs or expenses suffered or incurred by you as a result of unauthorised access to, or alteration, theft or destruction of information stored on, distributed via or made available for distribution via the Site and/or our computer servers through accident or fraudulent means or devices. We shall not have any liability to you for any failure by us to provide you with the Credit Reference Report within any quoted timescale.

6.6 Maximum liability

Our maximum and aggregate liability to you arising out of contract, tort, (including negligence or breach of statutory duty) or otherwise for any loss or damage arising out of or in connection with the Credit Reference Terms, howsoever arising, shall not exceed the aggregate charges paid by you to us under the Credit Reference Terms in the 12 months prior the date of the event giving rise to the relevant claim.

7. Termination

7.1 Termination by us

We have the right to terminate the Credit Reference Terms forthwith by notice in writing if:

7.1.1 you commit any material breach of the Credit Reference Terms and (in the case of a breach which is not persistent and can be remedied) has failed, within 7 days after receipt of a request in writing to do so, to remedy the breach, declaring that we shall not be in material breach by virtue of failing to meet a deadline for the provision of any of the Credit Reference Service; or

7.1.2 any of our suppliers (including credit reference agencies) ceases to provide any services to us and we consider (in our sole discretion, acting reasonably) such cessation has a materially adverse impact on our ability to provide the Credit Reference Service (or part thereof in question) to you in accordance with these Credit Reference Terms (and having regards to charges for the Credit Reference Service); or

7.1.3 you commit any breach of the Credit Reference Terms (in such case, any exercise of our rights under this clause will not relieve you of your obligations to pay us any sums due to us by you pursuant to the Credit Reference Terms); or

7.1.4 we consider it necessary (in our sole discretion, acting reasonably)in order to enable us to comply with the applicable law in which case we shall not be deemed to be in breach of these Credit Reference Terms.

7.2 Termination by you

You will have the right to terminate the Credit Reference Terms upon giving us notice in writing without prejudice to any Credit Reference Requests you have then submitted and accepted.

7.3 After termination

Following termination of our agreement with you under these Credit Reference Terms, all amounts which you have paid to us for any Credit Reference Services shall be non-refundable and non-cancellable.

8. General

8.1 Governing Law

These Credit Reference Terms are governed by the laws of England and Wales. You consent to the exclusive jurisdiction of the courts of England and Wales in all disputes arising out of or relating to these Credit Reference Terms each time you submit a Credit Reference Request for a Credit Reference Service. Nothing in these Terms restricts wlyp.co.uk’s right to comply with law enforcement requests or requirements or information provided to or gathered by Loveyourpostcode.com.

8.2 Waiver

wlyp.co.uk’s failure to enforce at any time or for any period any one or more of the terms or conditions in these Credit Reference Terms will not be a waiver of them or the rights attaching to any of them. No provision of these Credit Reference Terms is waived by us unless we waive it in writing.

8.3 Relationship between us

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Loveyourpostcode.com as a result of these Credit Reference Terms or your use of the Credit Reference Service.

8.4 Severance

If any part of these Credit Reference Terms is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Credit Reference Terms will continue in effect.

8.5 Entire agreement

These Credit Reference Terms (including our Privacy Policy and Site Terms) constitute the entire agreement between you and Loveyourpostcode.com with respect to the Credit Reference Service and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and wlyp.co.uk with respect to the Credit Reference Services.

8.6 Survival

Any terms which by their nature are intended to continue indefinitely will continue to apply after termination of any agreement in connection with the Credit Reference Service between us and you.

8.7 Third party rights

Each affiliate of Loveyourpostcode.com shall be a third party beneficiary to these Credit Reference Terms and entitled to directly enforce, and rely upon, any provision of these Credit Reference Terms which confers a benefit on (or provides rights in favour of) them. No other person shall be a third party beneficiary or able to enforce any these terms under the Contracts (Rights of Third Parties) Act 1999.

8.8 Assignment

You may not assign or transfer your rights or obligations under these Terms. Loveyourpostcode.com may assign any contract between us and you to a third party.

8.9 Notices

Notices to wlyp.co.uk must be sent in writing to our registered company headquarters and they are deemed given upon receipt. In the case of notices to you, such notice shall be addressed to the postal address, fax number or email address (as appropriate) specified [on the Credit Reference Request or as] last supplied by you to us.

8.10 Compliance with laws

You acknowledge that the provision of the Credit Reference Service by us and your use thereof is governed by various regulatory requirements (which may change from time to time) and you agree to comply with all such applicable laws.

9. Interpretation and definitions

9.1 Interpretation

9.1.1 Headings: The headings used in these Credit Reference Terms are for convenience only and will not affect the meaning or scope of these Credit Reference Terms or otherwise be given other legal effect.

9.1.2 Conflicts with other terms: If there is a conflict or ambiguity between these Credit Reference Terms and the Site Terms or the Privacy Policy, then the terms set out in these Credit Reference Terms shall prevail over those other terms.

9.2 Definitions

In these Credit Reference Terms the following terms have the following meaning: