MONKEY vs OWL
Terms and Conditions
MONKEY VS OWL LIMITED
TENANT TERMS AND CONDITIONS
1. Information about us and how to contact us
1.1 - Who we are. Monkey vs Owl Limited (company 10533789) (“we” and “us”) is a company registered in England and Wales and our registered office is at 12 Darley Abbey Mills, Darley Abbey, Derby, England, DE22 1DZ. Our main trading address is 99a Ashbourne Road, Derby, DE22 3FW. We operate the website https://www.monkeyvsowl.com (our “Site”).
1.3 - How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us when you created your account with us.
1.4 - "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
1.5 - “The Services” means us providing the Site on which estate agents, commercial agents, lettings agents, landlords, new home developers and overseas home owners (“Third-Parties”) display property details for you to view.
2. The Terms
2.1 - These terms tell you the rules for using our Site and the rules relating to our provision of the Services to you (“the Terms”).
2.2 - A reference to “you” or “your” is a reference to the user of our Site.
3.1 - To receive details of properties on this Site and to contact landlords, you must submit a completed registration form to us. At our discretion, we may refuse your application for registration. If we accept your application for registration, you will be given access at the point of application.
3.2 - Each registration is for a single user only. You must not share your username and password with any other person or with multiple users on a network.
3.3 - You undertake that all information provided by you for the purposes of registering with us is accurate and complete.
3.4 - You accept sole responsibility for all use of and for keeping secret any password that may have been given to you or chosen by you for use on this Site. You will notify us immediately if you become aware of any unauthorised use of your password or any other breach of security of this Site.
3.5 - We have the right to disable any account or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
4. Our Services
4.1 - We will provide you the Services, subject to these Terms.
4.2 - Whilst we are a lettings agency, we are not providing you with lettings agency services. The Services do not require us to provide you with advice on whether a property is suitable for your requirements, fit for purpose, or properly managed and maintained. The Services do not require us to ascertain whether the properties listed on the Site are accurately described nor do they require us to assess the authenticity or identity of Third-Parties.
5. Your Obligations
5.3 - You will check all property details with the Third-Parties advertising the property before making any decisions or taking any action in relation to a property advertised on our Site.
5.4 - You will not misrepresent your identity, credentials or creditworthiness in any communication to Third-Parties.
5.5 - You will not enter into any agreement with Third-Parties that you are not able to fulfil (including but not limited to tenancy agreements).
6. No Warranty
6.1 - We give no warranty or guarantee that our Site or information available on it complies with laws other than those of England and Wales.
6.2 - To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.
7. Barring and Suspension
8. Site target audience
8.1 - Our Site is directed to people residing in the United Kingdom. We do not represent that content available on or through our Site is appropriate for use or available in other locations.
9. Data Protection
10. LIABILITY – YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
10.2 - You acknowledge that the Third-Parties are responsible for the property information listed on our Site and that we make no representation or warranty in respect of their validity, accuracy or completeness. If you rely on these details, you do so at your own risk. We recommend that you check all property details with the Third Parties advertising the property before making any decisions or taking any action in relation to a property advertised on our Site.
10.3 - Although we take reasonable care to ensure that Third-Parties tagged as “verified” can be expected to provide accurate, complete and up-to-date information, we make no representations, warranties or guarantees, whether express or implied, that this is the case. You acknowledge that any such verification is on the basis of reasonable efforts and may be incorrect.
10.4 - We only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.1 - Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
12.1 - If we do not insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
13.1 - We may amend these Terms from time to time by informing you in writing.
14. Applicable law and jurisdiction