Introduction
Welcome to upad.co.uk (this 'Website').upad Limited ('upad'), registered in England and Wales with company number 06569680 whose registered office is 104 Tennyson Road, London NW6 7SB, owns and operates this Website. For the purposes of these Terms and Conditions 'We', 'Our' and 'Us' refers to upad. Please review these Terms and Conditions carefully before using this Website.
By using or accessing this Website (whether as a guest or a registered user) you confirm your agreement to these Terms and Conditions. Your use of this Website is at all times subject to these Terms and Conditions (which form a legally binding contract between upad and you) and all applicable laws. If you do not agree to these Terms and Conditions, do not use this Website.
These Terms and Conditions apply to the services available from www.upad.co.uk and any of its current or future sub-domains (the "Services"). We reserve the right to change these Terms and Conditions from time to time. Any such 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 stop using this Website.
Data Protection
Save as provided elsewhere in these Terms and Conditions or as expressly agreed otherwise, any personal information you supply to Us when you use this Website will be used in accordance with Our Privacy Policy.
If you register with this Website, We will send you an email asking you to verify your registration. If you do not click the link in the email within 72 hours of receipt, we will cancel your registration.
Property rights and use of material
All trade marks, copyright, database rights and other intellectual property rights in the materials on this Website (as well as 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 Us. Without Our prior written permission, you may not copy, reproduce, 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.
You may not provide a link to this Website from any other web site without first obtaining upad's prior written consent.
If you breach any of these Terms & 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 destroy any copies you have made of it immediately.
Content
When you give Us content, you grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) licence 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 provided by you is accurate.
Acceptable Use
You may only use this Website in accordance with these Terms and Conditions and, in any event, for lawful and proper purposes which includes complying with all applicable laws, regulations and codes of practice within the UK or other jurisdiction from which you are accessing this Website.
In particular, you agree that you will not:
- Disclose your password to any third party,
- Post, transmit or disseminate any information on or via this Website which is or may be harmful, obscene, defamatory or otherwise illegal,
- Use this Website in a manner which causes or may cause an infringement of the rights of any other person,
- Make any unauthorised, false or fraudulent advertisement,
- 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,
- Deface, alter or interfere with the front end look and feel of this Website or the underlying software code,
- 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 upad,
- 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,
- Carry out any "caching", "framing" or "mirroring" of any material on this Website,
- Take any action that imposes an unreasonable or disproportionately large load on this Website or related infrastructure,
- Obtain or attempt to obtain unauthorised access, via whatever means, to any of Our networks,
- Without prejudice to any of Our other rights (whether at law or otherwise) We reserve the right to:
- Cancel your advertisements without reference to you and/or,
- Deny you access to this Website
Links to other websites
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.
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.
You acknowledge and agree that:
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 upad 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.
upad 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 upad's control.
upad makes 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.
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.
We have no control over, do not guarantee, and you will not hold Us responsible for:
- viewings or management of properties (save as expressly agreed otherwise);
- the quality, safety or legality of items advertised;
- the truth or accuracy of listings;
- the truth or accuracy of feedback or other content posted by users on this Website;
- the ability of users to vend or pay for items;
or
- whether a user will actually complete a transaction.
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 and the legality of any items you list on this Website.
upad 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.
While we will use our reasonable endeavours 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.
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 Our negligence.
Third party material and services
This Website contains material (including but not limited to advertisements) submitted and created by third parties. All third party material is published by upad in good faith. upad does not accept any responsibility for the accuracy of such material (nor is any warranty expressed or implied by publication) and upad 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 upad takes no responsibility for such material.
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 upad will have no liability to you in respect of the same.
You agree that upad has not conferred by implication, or otherwise, any licence or right under any patent, trademark or copyright (except as expressly provided) of upad or of any third party.
Indemnification
You agree to indemnify, defend and hold Us harmless from any liability, loss, claim and expense (including reasonable legal fees) related to your breach of these Terms and Conditions.
Additional terms for users registered as landlords
Fees
For each property listed on this Website, you will pay us the applicable fee listed on this Website (as amended from time to time) at the time of your order (plus any applicable taxes (including any value added tax)). Fees are payable in GB pounds sterling using PayPal or Barclays via this Website before the relevant property is listed. We 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.
We 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.
Descriptions
It is entirely your responsibility to make sure that all personal and property particulars held by Us are correct. We are not responsible for any mis-descriptions that have been provided by you.
Landlord & Tenant disputes
All disputes that arise between a landlord and tenant that have used our service are to be resolved solely by the landlord and tenant. We are not responsible for any disagreements or disputes that may arise throughout a tenancy term.
Landlords' responsibilities
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on this Website. In particular (but without limitation), save where upad has expressly agreed to provide the same as part of any Services subscribed for and separately paid for by you, it is your responsibility to ensure that all of the following are adhered to:
- A current landlords' electrical safety certificate is in place.
- A current landlord's gas safety certificate is in place.
- Where applicable the landlord must have permission from the mortgage lender to let out his/her property.
- Adequate insurance is in place to cover all eventualities.
- All furnishings within the landlords' property pass Fire Safety regulations 1998.
- 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.
- Where applicable standing order payments are arranged by the landlord to allow for rental payments by the tenant.
- Where applicable a rent book is given to the tenant to register weekly rental payments.
- All utility bills are transferred into the current tenants' name.
- Council tax payments are made by the current tenant.
- The tenant(s) deposit has been placed in a suitable tenancy deposit scheme, or the landlord holds the tenant(s) deposit and has ensured the tenant(s) deposit via a suitable tenancy deposit scheme.
- A suitable energy certificate is in place.
- We 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 if you have asked or requested from potential tenants any money before signing a contract
Editing and deletions
If you wish to amend any details about your property or personal particulars please email all amendments to info@upad.co.uk in the first instance. All amendments will be activated within 24 hours of processing your email request.
We reserve the right to remove adverts from this Website on the 'available from' date stated in the advert. We will use reasonable endeavours to notify you by email prior to such removal.
If a user reports a misdescription in your advert, we reserve the right to remove the advert 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.
If you wish to remove an advert this can be carried out by emailing the rental address to info@upad.co.uk and clearly stating within the email that the advert is to be removed. You may also call 0845 680 1394.
Once a property has been removed from this Website we are unable to register the property again unless payment has been received in full for a new term.
Data feeds
To ensure Our rental properties are showcased across the internet as fast as possible, We reserve the right to use an automated feed system to send details of properties you list on this Website to Our carefully selected partners' websites ("Partners' Websites"). If you have any queries regarding Partners' Websites, please contact Us on 0845 680 1394 or at info@upad.co.uk.
We do not guarantee that any property you list on this Website will be displayed on Partners' Websites and We are not be responsible for any technical problems relating to Partners' Websites. You acknowledge that your use of Partners' Websites will be subject to the terms and conditions set out on the relevant Partners' Website.
To the maximum extent permitted by law, We (including Our affiliates, officers, directors, agents 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 Partners' Websites, or in connection with the use, inability to use, or results of the use of Partners' Websites, any websites linked to them and any materials posted on them. We do not limit liability for fraudulent misrepresentation or death and personal injury arising from Our negligence.
The only properties that will be distributed to property portals will be those by landlords that are contracted to www.upad.co.uk
Additional terms for landlords who select any viewings, valuations, tenancy administration, rent collection and/or property management services
In the event that you expressly request and upad expressly agrees to provide you with Services which include tenancy administration, rent collection and/or property management, the following terms will apply.
Fees
You will pay us the applicable fee listed on this Website (as amended from time to time) at the time of your order of the relevant Services (plus any applicable taxes (including any value added tax)). Fees are payable in GB pounds sterling using PayPal or Barclays via this Website at such frequency as listed on this Website in respect of the relevant Services. We 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.
Fees are to be collected upfront by debit/credit card for Tenancy Administration, Valuations and Viewings. Upad reserves the right to charge tenants fees in respect of referencing at ?40 plus VAT per reference required (each tenant is referenced individually and if there is a guarantor involved as well they are also referenced). All tenancy agreements will be drawn up using upad's standard tenancy agreement and on the basis of the information supplied by the landlord. Upad does not hold any responsibly for any errors in the agreement due to faulty or missing information. As per 'landlord responsibilities' upad accepts no responsibility for gas safety unless we are appointed to manage the property and in particular it is not our responsibility to ensure that a valid gas safety certificate is in place before initial occupation.
Upad will only carry out Rent Collection in addition to tenancy sign up.
Upad will only carry out the property management function in addition to the rent collection function. Upad will carry out the management of the property on the basis of the information supplied by the landlord. Upad is not responsible for any errors in the agreement due to faulty or missing information.
Liability
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 all documentation provided by you or on your behalf or by any of your tenants in relation to the Services;
- any instructions provided 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; or
- any failure by you to comply with your obligations as expressly set out in any description of the relevant Services listed on this Website (as amended from time to time) (the "Services Description").
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.
Data
upad may from time to time subcontract the provision of all or any part of the Services to a third party. Accordingly you acknowledge that a third party may be providing Services to you under these Terms and Conditions and you consent to any personal information you supply to Us when you subscribe for any Services being provided to any such third party for the purposes only of the provision of such Services to you. Any such personal information shall not be subject to Our Privacy Policy, however upad will use reasonable endeavours to ensure that any such third party keeps any such personal information confidential and complies with all applicable laws in respect of any such personal information.
Termination
Our provision of any Services is subject to your payment of the Fees in accordance with these Terms and Conditions. We may terminate any Services provided to you at any time on not less than [30] days notice. We may terminate any Services provided to you immediately by notice in the event that any amount payable by you under these Terms and Conditions remains outstanding more than 10 days after the due date.
Miscellaneous
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. No other written or oral statement (including statements in any brochure or promotional literature published by us) will be incorporated.
upad 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.
This Website is controlled by upad from its premises in the UK. upad 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.
These Terms and Conditions and your use of this Website will be governed by and construed in accordance with English law. You and upad both agree to submit to the non-exclusive jurisdiction of the English Courts.
Queries
If you have any questions or queries regarding any of the Services or products featured please send an email to info@upad.co.uk
