Terms of Service
Last updated: February 6th, 2017
Welcome to Propoly.
The following terms and conditions are set out in four sections:
- PART A: INTRODUCTION
- PART B: PROVISIONS SPECIFIC FOR LANDLORDS
- PART C: PROVISIONS SPECIFIC FOR TENANTS
- PART D: GENERAL
As you can see, some of the below terms apply to only landlords (Part B) or tenants (Part C), and not both. This will be clearly signposted to you, but please be careful to read the terms and conditions which apply to you.
PART A: INTRODUCTION
By signing up for an account with Propoly either as a tenant or a landlord, you are agreeing to be bound by the following terms and conditions ("Terms of Service"). These Terms of Service are to be read in conjunction with:
- the Special Terms and Conditions, which sets out additional terms that apply to your use of particular services, which are offered by third parties, and are used on the Propoly platform;
The services offered by Propoly under these Terms of Service include the various products and services made available on the website http://www.propoly.com/ and the mobile application knows as ‘Propoly’ (together, the "Platform"), including the following:
- providing a platform to list and search rental properties;
- providing landlords with some tools to assist their compliance with its legal obligations, enhance their listings and facilitate the evaluation of tenants;
- providing a communication medium between tenants and landlords for the duration of a tenancy agreement,
(the "Services"). Any new features or tools which are added to the current Services shall also be subject to the Terms of Service, unless indicated otherwise.
If you do not agree to these Terms of Service, then you must not proceed to create an account with Propoly or use the Platform.
You can review the current version of the Terms of Service at any time on this page. We reserve the right to change the Terms of Service by posting the new version to this page and, where appropriate, by notifying you of such change via email.
How Propoly Works?
Propoly is an online letting agent which allows owners of residential properties ("Landlords") and individuals who are looking to rent residential properties ("Tenants") to connect and interact throughout stages of the rental process. Unless you purchase a product or service from us or our third party service providers on the Platform (see more information about this in section 7 'Services' below), our only obligation to you is to make this Platform available to you in accordance with these Terms of Service. We are not responsible for fielding enquiries directly from you and we are not involved in any communication, dispute or agreement made between a Landlord and a Tenant(s).
Tenancy agreements are made exclusively between a Landlord and a Tenant(s). Propoly is not a party to any tenancy agreement, or negotiation for any tenancy agreement, and does not fulfil any obligations derived from the rental contract between the Landlord and the Tenant.
We are however able to provide independent advice (assistance) to Landlords or Tenants upon request with regards to the tenancy agreement enquiries.
We further do not warrant that this Platform or the Services provide Landlords and Tenants with all the information, tools and access required to comply with applicable laws and regulations in relation to the letting of property.
PART B: PROVISIONS SPECIFIC TO LANDLORDS
Obligations of a Landlord
NOTE: The provisions of this section only apply to users who are acting as a Landlord.
The Landlord hereby gives the following warranties in relation to its authority and compliance:
- it owns, or has authority from the owner of to let, the property which it is advertising on the Platform;
- it will comply with all applicable laws and regulations with respect to its activities under these Terms of Service and in respect of the property it is advertising on the website (including its obligations as Landlord);
- it has obtained, and will maintain, all licences, consents and permissions from the relevant local authority to enable the Landlord to let the property. If we are made aware that you do not have the requisite licences, consents and/or permissions in respect of the property, we reserve the right to inform the relevant local authority and/or existing or potential tenants; and
- it will comply with the terms of a tenancy agreement entered into with a Tenant introduced to it via the Platform.
We shall publish an advertisement for the property on the Platform and, where you purchase additional services, on Zoopla and PrimeLocation. We shall keep the advertisement active on our Platform until you remove the advertisement, until you tell us to remove the advertisement or until we remove the advertisement pursuant to these Terms of Service. We make no guarantees as to the prominence or performance of any advertisement that we publish. You agree to remove an advertisement for a property from the Platform promptly upon entering into a tenancy agreement in respect of such property.
The Landlord warrants that it will provide clear, accurate and up-to-date information, and maintain such information so that it remains correct at all times, about a property it advertises on the Platform, including but not limited to information about rent payments, location, fixtures, furniture and effects, number of permitted tenants and rental period. The Landlord agrees not to use the Platform to generate interest or further enquiries in respect of properties not listed on the Platform by the Landlord.
The Landlord warrants to provide the tenant(s) with valid Energy Performance Certificate (EPC), Gas Safety Certificate (CP12).
The Landlord must follow safety regulations, provide a smoke alarm on each storey and a carbon monoxide alarm in any room with a solid fuel burning appliance (for example a coal fire or wood burning stove).
The Landlord accepts that any decision to let a property to a particular Tenant is made solely by the Landlord without reliance on any representation, warranty or statement made to the Landlord by Propoly The Landlord further acknowledges that Propoly is not responsible or liable for the conduct of any prospective or actual Tenant, and has no obligation to manage, reinstate or repair any property let by the Landlord.
Overseas residents who receive rental income from UK property may well be liable to pay tax on that income. Overseas Landlords must register with the Centre for Non Residents branch of the Inland Revenue to receive their rental gross of tax.
PART C: PROVISIONS SPECIFIC FOR TENANTS
Obligations of a Tenant
NOTE: The provisions of this section only apply to users who are acting as a Tenant.
The Tenant warrants that he/ she will comply with:
- all applicable laws and regulations with respect to his/ her activities under these Terms of Service and his/her tenancy of any property he/she is introduced to via the Platform; and
- the terms of a tenancy agreement entered into with a Landlord introduced to him/her via the Platform.
Whilst we cross reference basic content in relation to properties listed on our platform it is your responsibility to check, confirm and satisfy yourself as to the accuracy of other information provided by the Landlord relating to a property.
From the 6th April 1996 the way in which non-resident Landlords are taxed on rental income changed.
These changes present the Tenant with two alternatives. The Tenant can either pay the Inland Revenue 25% of the rent, net of expenses. There is no negotiation on the flat rate of 25% and payments must be made quarterly. If at the end of the tax year there has been excess payments, the Landlord can, on submission of detailed paperwork, apply to the Inland Revenue for a rebate, or the Tenant can pay to the Landlord rental income without deduction of tax.
The latter should only be done if the Landlord apply for and are granted permission by the Revenue to avoid deductions. The above is only applicable to Landlords who are non-resident (normally someone who resides out of the UK for a period in excess of 6 months). If you are paying rent directly to an overseas Landlord and the Landlord cannot provide you with an exemption certificate, then you are strongly advised to withhold 25% of the rent and make a return to the Inland Revenue quarterly for this amount. If you do not, you may well be assessed by the Revenue for payment of the same.
Further details of this Scheme are available from The Centre for Non Resident Landlords, Inland Revenue, St John's House, Merton Road, Bootle, Merseyside, L69 9BB. Telephone 0151 472 6208 / 6209.
PART D: GENERAL
To use our Services, except for general use to find a suitable property, you must first register for an account on the Platform. In the case of a company, you hereby warrant that you have authority to bind the company (as the contracting party) to these Terms of Service. In the case of an individual, you hereby warrant that you are 18 years of age or older. This service is not available to estate agents or lettings agent or companies subletting their properties to third party tenants.
You are responsible for any use of our Services with your account details and password, and for protecting your account details and password from unauthorised use. You are also responsible for the security of any computer where you choose to sign in to your account on the Platform.
You have the right to deactivate your account at any time. Simply email firstname.lastname@example.org. We reserve the right to refuse to register or to delete your account on the Platform if you have previously had an account deactivated by us due to your breach of these Terms of Service (or earlier versions thereof).
Access to the Platform
Propoly will make reasonable efforts to ensure (but does not warrant that) the Platform is operational 24 hours a day, 7 days a week. Notwithstanding this, you hereby acknowledge that your use of the Platform may be interrupted from time to time, for example, when we perform maintenance services or as a result of delays or delivery failures resulting from the use of communications networks and facilities. Access to the Platform and use of the Services is provided on an "as is" and "as available" basis which means that we do not warrant the Platform or Services will be available, uninterrupted or error-free at all times, and we shall not be liable to you for failure of the same.
We reserve the right (without liability to you or prejudice to our other rights) to suspend your access to or use of the Platform without notice in the event you breach, or we reasonably suspect that you have breached or will breach, these Terms of Service.
Landlord — we have created the following price plans for landlords:
- Basic: £59.99
- Silver: £129.99
- Gold: £199.99
- Platinum: £399.99
- Tenant(s) — we charge tenants £49.99 per tenant to conduct a reference check. This fee is not a part of the first month rent or security deposit.
All Fees are inclusive of VAT.
- Landlord — we have created the following price plans for landlords:
We will provide the Services to you using reasonable skill and care.
When using the Services, you agree:
- not to use the Services for any unlawful purpose;
- not to attempt to exceed any limits on use of the Services (including but not limited to a maximum limit of listings, photographs or words), and, where any fee for Services is based on such limits, to pay an amount equal to an underpayment calculated in accordance with published price lists; and
- to comply with the Special Terms and Conditions as they apply to your use of particular Services.
In the event of an inconsistency between the Special Terms and Conditions and these Terms of Service, the Special Terms and Conditions shall prevail.
Prohibited Use of the Platform
You shall not:
- licence, transfer, distribute, display, disclose or otherwise commercially exploit, or otherwise make the Services available to any third party, or permit the Platform or the Services or any part of them to be combined with, or incorporated into, any other program;
- access all or any part of the Platform or the Services in order to build a product or service which competes with the Services;
- attempt to copy, modify, duplicate, create derivative works of, frame, mirror, republish, download, display, transmit or distribute all or any portion of the software applications used by us as part of the Services (except as may be allowed by any applicable law incapable of exclusion);
- attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the software applications used by us as part of the Services (except as may be allowed by any applicable law incapable of exclusion);
- use or access the Platform or the Service in a manner that unfavorably affects the performance or proper functioning of the Platform and the Services, or any computer systems or networks used by the Platform or the Services; or
- use any robot, spider, other automatic device or process to monitor, download, copy or keep a database copy of the any content posted to or made available through the Platform or the Service.
Your Content - Content Standards
You warrant that you will not upload, post or transmit any content (including text, photographs or videos) to the Platform that: (a) is fraudulent or unlawful; (b) is harmful, threatening, defamatory, obscene, harassing, racially or ethnically offensive; (c) infringes, misappropriates or violates a third party’s rights, including intellectual property rights or rights of publicity or privacy; (d) promotes or depicts sexually explicit material, racism, violence or discrimination; (e) encourages or facilitates any illegal activity; (f) promotes the business of a third party; (g) deceives any person, impersonates any person, or misrepresents your identity or affiliation with any person; or (h) breaches any legal duty owned to a third party, such as a contractual duty or a duty of confidence, and agree to indemnify us and hold us harmless against any costs, expenses, liabilities, damages or loss suffered in connection with any breach of that warranty.
You retain all ownership rights in your content, but you are required to grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform your content in connection with our performance of the Services on the Platform and (where relevant) other online platforms.
You shall have the sole responsibility for the legality, reliability, integrity, accuracy and quality of content you upload, post or transmit to the Platform, and agree to promptly update or correct any such content on becoming aware of any errors or inaccuracies.
We will however censor or review content you upload, post or transmit to the Platform and its compliance with the content standards set out above. We further reserve the right to remove, edit or decline to display any content on the Platform or other media under our control without notice, or to require you to amend your content at any time, if we consider or have reason to believe that such content does not comply with the above content standards or we deem (in our absolute discretion) the content to be of poor quality in terms of presentation, information provided or otherwise.
Any violation of this section may result in the termination of these Terms of Service in accordance with the below ‘Termination’ section.
You hereby acknowledge that we cannot verify all content posted, uploaded or transmitted by other Tenants or Landlords on the Platform and, as such, it is your responsibility to check, confirm and satisfy yourself as to the accuracy of any such content. We provide no warranty and accept no responsibility for the accuracy or completeness of any information contained within any content displayed on the Platform.
You acknowledge that all intellectual property rights in the Platform and the Services anywhere in the world belong to us or our licensors, and that you have no rights in or to the Platform or the Services other than the right to use each of them in accordance with the terms of these Terms of Service.
The price of a service available for purchase on the Platform will be the price indicated on our published price lists (which includes VAT). Subject to section 13, these fees are not refundable.
You must pay for all services upfront; we will not provide or instruct a third party to provide services until such payment has been received in full and cleared funds. A list of the payment cards we accept is available at Visa, MasterCard, American Express.
We reserve the right to change our prices or any payment schedule at any time upon 10 days’ notice. Any change in price or payment structure of a service which you have paid for and is part way through being performed by us or a third party shall not take effect until completion of that service. Otherwise, any services provided after the changes have taken effect will be subject to the new relevant price or new payment schedule.
Consumers’ right to a refund
If you are a consumer (i.e. you are an individual acting for purposes which are wholly or mainly outside your trade, business, craft or profession) you have a legal right to cancel any contract for Services with us which you have paid for, and to receive a refund. To exercise this right, you must notify us of your decision to cancel any purchased services by a clear statement (e.g. a letter sent by post or e-mail) within 14 days of the date of purchase.
If you cancel a purchased service within this 14 day period, you will (subject to any deduction permitted by law £ as detailed below) receive a refund for all money paid by you for such service to us. This refund will be made as soon as reasonably possible, but not later than 14 days after the date on which we were informed about your decision to cancel the services. We will reimburse you using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.
We reserve the right to deduct an amount which is in proportion to what has been performed up until the point you communicate cancellation to us. In any event, you will not incur any fees as a result of the reimbursement.
Further advice about your legal right to cancel is available from your local Citizens' Advice Bureau.
Limitations on our Liability
You agree to the following limitations on our liability to you:
- Exclusion of certain losses: Propoly shall not be liable to you for any loss of profits, business, anticipated savings, goodwill or business opportunity, business interruption, loss or corruption of data or information, or for any special, indirect or consequential loss or damage, howsoever arising under these Terms of Service;
- Cap on liability: Propoly’s maximum aggregate liability in contract, tort (including negligence or breach
of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance
or contemplated performance of these Terms of Service shall be limited to the higher of either:
the total amount paid to Propoly in the 12 month period preceding the date on which the claim arose;
- the total amount paid to Propoly in the 12 month period preceding the date on which the claim arose;
Further, due to the nature of the Platform, the Services and the online environment, we do not take responsibility for the following:
- Network problems: the transfer of content and data over communication networks and facilitates, including the internet, is subject to limitations, delays and other problems inherent in the use of such communication facilities, and therefore we are not responsible for any loss, damage, delay or failure resulting to such transfers;
- Rent Collection: Propoly shall have no liability in the event the tenant fails to pay the rent or other fees due;
- General information: the content on the Platform and content and documents obtained through the Services are provided for general information and use only. We do not warrant that the Services or any documents or information obtained by you through the Services will meet your particular requirements;
- Results of Services: you assume full responsibility for results achieved or obtained from the use of the Services, and for conclusions drawn from such use;
- Your actions and instructions: Propoly shall have no liability for any loss or damage caused by errors or omissions in any content or information provided by you to Propoly in connection with the Services, or any action taken by Propoly at your direction; and
- Your breach: we will not be liable for any liability caused by your breach of these Terms of Service.
Nothing in these Terms of Service shall exclude either party’s liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited by law.
All warranties, conditions, representations or other terms implied by statute or common law in relation to the Platform and any Services provided by us are excluded to the fullest extent permitted by law.
You may terminate these Terms of Service with us at any time, for any reason, by deactivating your account and ceasing all use of the Services.
We may terminate these Terms of Service with you, or cancel our contract with you for a particular Service:
- at any time and for any reason, upon providing you with 10 days’ notice;
- immediately without notice in the event you commit a material or persistent breach of these Terms of Service, the Platform or a particular Service(s) are discontinued, we lose the right to provide you with the Platform or a particular Service(s), or where the provision of the Platform or a particular Service(s) becomes unlawful.
Where the Platform or a particular Service(s) is discontinued, or we lose the right to provide you with them (for example, because a sub-contractor cease to operate) we will endeavor to provide you with reasonable notice in advance; however, you acknowledge that this may not be possible in all circumstances and we shall not be liable to you for such failure to notify.
With the exception of termination by you or by us due to your breach, you may request a refund for any unused portion of fees that you have paid to us in advance.
Privacy and your information
If you provide us with the personal data of another individual (including, if you are a Tenant, any co-tenants), you warrant that:
- you have informed the relevant individual about and obtained his/her consent to such use, processing and transfer as required by all applicable data protection legislation.
You agree to indemnify us and hold us harmless against any claims, actions, proceedings, costs, expenses, damages or loss suffered by us in connection with any breach of the above warranty.
Other important terms
Assignment and other dealings: You may not assign, transfer, sub-licence or deal in any other manner with any or all of your rights under these Terms of Service, without the prior written consent of Propoly.
Waiver: A waiver of any right or remedy under these Terms of Service or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by a party to exercise any right or remedy provided under these Terms of Service or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Terms of Service or by law shall prevent or restrict the further exercise of that or any other right or remedy.
Severance: If any provision or part-provision of these Terms of Service is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any such modification to or deletion of a provision or part-provision shall not affect the validity and enforceability of the rest of these Terms of Service.
Relationship: Nothing in these Terms of Service is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties or constitute any party the agent of another party.
Third Party Rights: No one other than a party to these Terms of Service, their successors and permitted assignees, shall have any right to enforce any of its terms.
Entire Agreement: these Terms of Service, and all documents referred to in them, constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement or any document referred to herein.
Governing Law/ Jurisdiction: these Terms of Service and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms of Service or its subject matter or formation.
Online Dispute Resolution: Propoly is a member of The Property Ombundsman. If you are a consumer, and you are not happy with how we have handled a complaint in relation to Services you have paid for, you may submit a dispute for online resolution to the to The Property Ombundsman (https://www.tpos.co.uk), or alternatively to the European Commission Online Dispute Resolution platform. You can find this platform and more information about it here: http://ec.europa.eu/consumers/odr/.