SellFair - Terms and Conditions
Your attention is drawn to the limitations on the liability of RentFair Limited set out in clauses 2.3 and 3, and the indemnity in favour of RentFair Limited set out in clause 3.5 of these Terms and Conditions.
1.Definitions
1.1 "RentFair" means RentFair Ltd, company number 5841876
1.2 "the site" or "SellFair" means SellFair.net, a website wholly owned by RentFair Limited.
1.3 "the Seller" means a SellFair member advertising a property for sale on the site.
1.4 "user" means any user of the site.
1.5 "member" means any user who registers as a member of the Site.
1.6 "the Property" means any property advertised by the Seller on the site.
1.7 "the Buyer" means any buyer or buyers, or prospective buyer or buyers, of the Property introduced to the Seller through the Site.
1.8 "Listing Fee" means the listing fee paid by the Seller for advertising the Property on the Site.
2. Property Description
2.1 The Seller is entirely responsible for ensuring that the description of the Property advertised on the site, including photographs, floor plans, virtual tours and other media, is accurate and not misleading.
2.2 The Seller is responsible for ensuring that descriptions, photographs, floor plans, virtual tours and other media are kept up to date and reflect the condition and state of the Property at the time it is advertised.
2.3 RentFair accepts no liability whatsoever for any inaccuracy in the description provided by the Seller of any Property advertised
3. Limitation on Liability and Indemnity
3.1 The following provisions set out the entire financial liability of RentFair Ltd (including any liability for the acts or omissions of its employees, agents and sub-contractors) to members in respect of any breach of these terms and conditions or any representation, statement or tortious act or omission including negligence arising under or in connection with any agreement or future agreement between the Seller and Buyer
3.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from these Terms and Conditions.
3.3 Nothing in these conditions excludes or limits the liability of RentFair Ltd:
3.3.1 for death or personal injury caused by RentFair's negligence; or
3.3.2 under section 2(3), Consumer Protection Act 1987; or
3.3.3 for any matter which it would be illegal for RentFair to exclude or attempt to exclude its liability; or
3.3.4 for fraud or fraudulent misrepresentation.
3.4 Subject to 3.2 and condition 3.3 above:
3.4.1 RentFair's total 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 the service provided in accordance with these terms and conditions shall be limited to the amount of the Listing Fee; and
3.4.2 RentFair will not be liable to members for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the provision of services in accordance with these terms and conditions.
3.5 The Seller will indemnify and keep indemnified RentFair from and against all losses, damage or liability arising out of the breach of any of these terms and conditions or the failure of the Seller to comply with any legal or contractual obligations.
3.6 All members acknowledge that the role of RentFair Limited and SellFair.net is purely as an advertising medium for the Seller and not as agent for the Seller.
4 Privacy, Personal Information and Use of Cookies.
4.1 RentFair will use a member's personal information for the following purposes:
4.1.1 identification;
4.1.2 help administration, and to contact a member about improved administration of any accounts, services and products RentFair has provided before, or provides now or in the future;
4.1.3 carry out marketing analysis and customer profiling (including with transactional information), conduct research, including creating statistical and testing information;
4.1.4 help to prevent and detect fraud or loss; and
4.1.5 contact a member in any way (including mail, email, telephone, visit, text or multimedia messages) about products and services offered by RentFair and selected partners unless you have previously asked us not to do so.
4.2 RentFair may allow other people and organisations to use information it holds about members for the purpose of:
4.2.1 providing the services members have asked for;
4.2.2 as part of the process of selling one or more of RentFair's businesses; or
4.2.3 if RentFair has legitimately been asked to provide information for legal or regulatory purposes or as part of legal proceedings or prospective legal proceedings.
4.3 RentFair may use 'cookies' to monitor how people use the site. This helps RentFair to understand how its customers and potential customers use the site so it can develop and improve the design, layout and function of the site. If a user does not want RentFair to use cookies, the user must set their browser to reject cookies. However, if a browser is set to reject cookies a user may not be able to use some of the products or services on the site without cookies.
5. Advertising
Property advertisements on the site run for an initial period of 6 weeks and may be deleted from the site without prior notice after that period. The Property may remain advertised on SellFair and its partner sites after the 6 week period at the sole discretion of RentFair Ltd.
6. Content and Membership
6.1 Users of the site agree not to post any offensive or illegal material on the site and agree to indemnify RentFair fully against any breach of this condition.
6.2 RentFair reserves the right to remove any advertisement and to bar any user from membership without prior notice where it considers that any of the terms of this agreement have been breached. In all such matters RentFair's decision shall be final.
7. Charges
The Seller agree to pay the Listing Fee at the rate specified in the Schedule and any charges made by RentFair for digital media or other services ordered by the Seller. The Listing Fee (where payable) becomes due upon the Property first being listed on the site and at any subsequent renewals of the Property advertisement.
8. Copyright/Intellectual Property
8.1 The copyright in the material contained in this site belongs to RentFair or its licensed source. Any person may copy any part of this material, subject to the following conditions:
8.1.1 the material may not be used for commercial purposes;
8.1.2 the copies must retain any copyrights or other intellectual property notices contained in the original material;
8.1.3 to other intellectual property rights reserved by RentFair or by other third parties (and no licence is granted in respect of those intellectual property rights);
8.1.4 images on this site are protected by copyright and may not be reproduced or appropriated in any manner without the written permission of their respective owner(s).
9. Governing law and disputes
This agreement is governed by English law and any disputes shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
Schedule of Charges
Listing Fee (all ads): £0
Digital Imagery: As specified on the relevant page of the site.