1.1 PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE AS THEY ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US.
1.3 A reference to "you" or "your" is a reference to the user of this Site.
2. Who we are and how to contact us
2.1 http://www.monkeyvsowl.com is a Site operated by Monkey vs Owl Limited ("We"). We are registered in England and Wales under company number 10533789 and have our registered office at 12 Darley Abbey Mills, Darley Abbey, Derby, England, DE22 1DZ. Our main trading address is at 99a Ashbourne Road, Derby, DE22 3FW.
2.2 To contact us, email our customer service team at firstname.lastname@example.org or use our Contact Us form.
2.3 We are the providers of 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.
3. By using our Site you accept these Terms
3.1 By using www.monkeyvsowl.com, including any mobile versions (our “Site”), you confirm that you accept these Terms and that you agree to comply with them.
3.2 If you do not agree to these Terms, you must not use our Site.
3.3 We recommend that you print a copy of these Terms for future reference.
3.4 These Terms refer to the following additional terms and conditions, which also apply to your use of our Site:
(b) Our Landlords Terms and Conditions; and
(c) Our Tenant Terms and Conditions.
4. We may make changes to these Terms
4.1 We amend these Terms from time to time. Every time you wish to use our Site, please check these Terms to ensure you understand the Terms that apply at that time. These Terms were most recently updated in August 2020.
5. We may make changes to our Site
5.1 We may update and change our Site from time to time to reflect changes to our products, our users' needs and our business priorities. This may involve suspending or discontinuing your access to the Site.
6. We may suspend or withdraw our Site
6.1 Our Site is made available free of charge to Tenants. Landlords who wish to advertise their properties must pay a subscription fee in accordance with our Landlord’s Terms and Conditions.
6.2 We do not guarantee that our Site, or any content on it, will always be available, be error-free or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
6.3 You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
7. We may transfer the Terms to someone else
7.1 We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
8. You must keep your account details safe
8.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
8.2 We have the right to disable any user identification code 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.
9. How you may use material on our Site
9.1 We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
9.2 You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.
9.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
9.4 Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
9.5 You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
9.6 If you print off, copy or download any part of our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
10. Acceptable use of our Site
10.1 Any form of account created on our Site to interact with our blogs or with any message boards or discussion forums is subject to our authorisation and to you meeting reasonable standards of usage and behaviour at all times. Failure by you to abide by these standards may, at our sole discretion, result in the termination of your account.
10.2 Any account name must not be offensive, defamatory, discriminatory, intended to deceive other users or promote any illegal activity. We reserve the right to decide whether an account name is acceptable or not.
10.3 Passwords, PIN codes or any other form of access code should be treated as confidential and not shared with any other person.
10.4 If you suspect your password has been discovered by a third party you should make use of the password reset function at as soon as possible.
10.6 You must only use our Site in the manner and for the purposes we intend (as communicated by any specific legal notices or terms located on particular pages of our Site) (“Intended Purposes”). We reserve the right to vary the Intended Purposes at any time by making changes to such legal notices or terms.
10.7 You are prohibited from posting or transmitting to or from our Site any material:
(a) that is in any way threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory or blasphemous or which would or may breach any obligation of confidence or cause annoyance or inconvenience;
(b) in respect of which you have not obtained any necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence or otherwise contrary to the law United Kingdom or any other country in the world or which would infringe the rights of any third party or give rise to civil liability anywhere in the world;
(d) which may cause damage to our software or systems (including, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
(e) that breaches any local, national or international law or regulations;
(f) that is unlawful or fraudulent, or has any unlawful or fraudulent purpose; or
(g) for the purpose of harming or attempting to harm minors in any way
and you agree to indemnify us against any loss or damage that may be suffered by as a result of the same.
10.8 You are prohibited from:
(a) using our Site to transmit or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
(b) carrying out any hacking or similar activity in relation to our Site; and
(c) using our Site in any way which is unlawful, offensive, defamatory or discriminatory or which is intended to deceive other users or promote any illegal activity
and you agree to indemnify us against any loss or damage that may be suffered by as a result of any such use.
10.9 You agree that you will not:
(a) use any robot, spider, scraper or other automated means to access our Site for any purpose without our express written permission;
(b) take any action that imposes or may, in our opinion (which shall be final) impose, an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of our Site or any activities conducted on our Site;
(c) bypass any measures we may use to prevent or restrict access to our Site; or
(d) extract or re-utilise substantial parts of our Site or make systematic and repeated extractions or re-utilisations of insubstantial parts of our Site.
10.10 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting or transmitting any material to or from our Site or using our Site in breach of these Terms.
11. Interacting with our Site
11.2 Any comments sections, message boards or discussion forums on our Site must be used in accordance with the terms or legal notices set on the relevant pages. Such terms or legal notices will include information about the kind of service offered, whether it is moderated and, if so, what form of moderation is used (including whether it is human or technical).
11.3 We will do our best to assess any possible risks for users (and in particular, for children) when using any interactive service provided on our Site and will make any decisions regarding the need to moderate any such service (including, if applicable, what kind of moderation to use), in the light of those risks. Please note, however, that we are under no legal obligation to oversee, monitor or moderate any interactive service we provide on our Site and we therefore expressly exclude our liability to you for any loss or damage you may suffer arising from your use of any such interactive service (including as a result of any third party’s use of such interactive services in contravention of these Terms).
11.4 Without prejudice to the foregoing and in addition to the content standards set out under Acceptable use of our Site, you agree to use any comments sections, message boards or discussion forums in accordance with the following terms:
(a) contributions must be civil and in good taste;
(b) be accurate where you state facts;
(c) be genuinely held where you express opinions;
(d) comply with applicable law of the country from which they were posted;
(e) there must be no disruptive, offensive, abusive or threatening behaviour;
(f) you must not impersonate any other person;
(g) you must not use swear words or any offensive or vulgar language including any language that is racist, sexist, ageist, homophobic, transphobic or language that is in our view otherwise disparaging; and
(h) you must not refer to specific website addresses without our permission.
11.5 We reserve the right to delete any contribution to any comments section, message board or discussion forum on our Site at our sole discretion at any time, without notice.
11.6 If you are found to be in violation of any of the above provisions, you may be blocked from or prohibited from using, our Site or any or all of the services on it, either permanently or temporarily. We may also initiate further legal action against you including but not limited to disclosing such information to law enforcement or authorities as we feel reasonably necessary.
11.7 You acknowledge that we do not endorse the content of materials submitted by any user to any comments section, message board or discussion forum on our Site.
12. Barring from the Site
12.1 We reserve the right to bar users from this Site and/or restrict or disable their access or use of any or all elements of our services, on a permanent or temporary basis at our sole discretion.
13. Do not rely on information on our Site
13.1 The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
13.2 We make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
14. User-generated content is not approved by us
14.1 Unless otherwise specified in Clause 14.3, property information is uploaded by other users of our Site. This Site may also include information and materials uploaded by other users of our Site, including to bulletin boards and chat rooms.
14.2 This information and these materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values.
14.3 This Clause 14 does not apply to property information that we have uploaded that is authorised and approved by us.
15. Interactions between users
15.1 Whilst users may upload property information to our Site and arrange bookings through our Site, we are not involved in any transactions made between users.
15.2 Any references to a user being “verified" (or similar language) solely means the user has completed a relevant identification process with us. Any such description is not an endorsement, certification or guarantee by us about any user, including of the user’s identity or background or whether the user is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to meet a user or view a property.
15.3 We do not accept any responsibility or liability for any problems that arise from properties or arrangements that are supplied through our Site. If another user is acting or has acted inappropriately, including but not limited to anyone who engages in offensive, violent or sexually inappropriate behaviour, you suspect of stealing from you or engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then contact us and provide us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
16. We are not responsible for websites we link to
16.1 Where our Site contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
16.2 We have no control over the contents of those websites or resources.
17. How to complain about content uploaded by other users
18. LIABILITY – YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
18.1 Whether you are a consumer or a business user:
(a) We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
(b) Subject to Clause 18.1 (a):
(i) We will not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control;
(ii) We do not accept any liability for loss of your password or account ID caused by a breakdown, error, loss of power or otherwise caused by or to your computer system;
(iii) We do not accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, or any communications made directly between users, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
(iv) We will not be liable for any loss or damage caused by a virus, distributed denial of service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or any website linked to it;
(v) If you choose to contact third-parties using the Site, your details (including your e-mail address and/or telephone number ) will be sent to the third party that you are enquiring with. We do not accept any liability for any subsequent communications that you receive directly from that third party.
18.2 If you are a business user:
(a) We exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it.
(b) We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(i) use of, or inability to use, our Site; or
(ii) use of or reliance on any content displayed on our Site.
18.3 In particular, we will not be liable for:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss of business opportunity, goodwill or reputation; or
(e) any indirect or consequential loss or damage.
18.4 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of products to you.
18.5 If you are a consumer user please note that 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.
19. How we may use your personal information
20. Uploading content to our Site
20.1 Whenever you make use of a feature that allows you to upload content to our Site, or to make contact with other users of our Site, you must comply with the content standards set out under Acceptable use of our Site and Interacting with our Site.
20.2 You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
20.3 Any content you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our Site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described under Rights you are giving us to use material you upload.
20.4 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
20.5 We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards set out under Acceptable use of our Site and Interacting with our Site.
20.6 You are solely responsible for securing and backing up your content.
21. Rights you are giving us to use material you upload
21.1 When you upload or post content to our Site, you grant us:
(a) a perpetual, worldwide, non-exclusive, royalty-free, transferable licence for us to use, reproduce, distribute, prepare derivative works of and display that content in connection with the provision of our services to you and other users of our Site, and to promote our Site or our services generally; and
(b) a limited licence for third parties to use that content for the purposes of receiving our services or using our Site.
21.2 You must not upload computer viruses or malware of any type whatsoever.
21.3 We do not guarantee that our Site will be secure or free from bugs or viruses.
21.4 You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.
21.5 You accept that you are solely responsible for ensuring that your computer system meets all relevant technical specification necessary to use this Site and that your computer system is compatible with this Site.
21.6 You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
22. Rules about linking to our Site
22.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
22.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
22.3 You must not establish a link to our Site in any website that is not owned by you.
22.4 Our Site must not be framed on any other website. You may create a link to the homepage of our Site without our prior written consent on condition that you comply with these Terms. You must obtain our prior written consent before you create a link to any page on our Site other than our homepage and if consent is given, you agree to comply with these Terms.
22.5 We reserve the right to withdraw linking permission without notice.
22.6 The website in which you are linking must comply in all respects with the content standards set out under Acceptable use of our Site.
23. Breach of these Terms
23.1 When we consider that a breach of these Terms has occurred, we may take such action as we deem appropriate.
23.2 Failure to comply with these Terms constitutes a material breach and may result in our taking all or any of the following actions:
(a) immediate, temporary or permanent withdrawal of your right to use our Site;
(b) immediate, temporary or permanent removal of any materials or information uploaded by you to our Site;
(c) issue of a warning to you;
(d) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(e) further legal action against you; and/or
(f) disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
23.3 We exclude our liability for all action we may take in response to breaches of these Terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
24. Which country's laws apply to any disputes?
24.1 If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
24.2 If you are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.