Terms & Conditions

Welcome! Thanks for visiting marksoutoftenancy.com. This section is here so that you know the rules for using Marksoutoftenancy.com.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. Your attention is drawn in particular to the following:

  • Sections 9.5 and 11 which limit our liability in respect of our site;
  • Our Acceptable Use Policy
  • Note that any information on our website is for general guidance on laws, rights and responsibilities in respect of tenancies and renting. IT IS NOT LEGAL ADVICE. If you need more details on the law applicable to your circumstances, your rights or legal advice about what action to take, please contact a law centre or solicitor. A directory of solicitors is available here - http://solicitors.lawsociety.org.uk

By browsing or using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site.

  1. 1. Terms of website use

    1. 1.1. These terms (including our Acceptable Use Policy) and our Privacy Policy apply to all those registering to use the Marksoutoftenancy.com site (called "our site" in these terms). In this document, these terms, the Acceptable Use Policy and the Privacy Policy are referred to as "the Terms". They apply to all people using our site.
    2. 1.2. Our site is operated by Marks Out Of Tenancy Ltd (we call ourselves "we", "us" or "our" in these terms).
    3. 1.3. The Terms apply to all and any use of our site and all and any reviews, comments, images, documents, correspondence and other communications or materials submitted to us or using our site ("Submission"). Please in particular review our [Acceptable Use Policy] which sets our requirements for the way in which you interact with our site.
    4. 1.4. By registering at our site you promise that you are at least 18 years of age. Our site is only intended to be available to users over 18 years of age and resident in in the United Kingdom.

  2. 2. Other terms outside this document

    1. 2.1. These terms of use refer to the following additional terms, which also apply to your use of our site:
      1. 2.1.1. Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
      2. 2.1.2. Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.

  3. 3. Information about us

    1. 3.1. We are a limited company registered in England and Wales under company number 09535920, whose registered office is at B1 Vantage Park, Old Gloucester Road, Hambrook, Bristol, England, BS16 1GW.

  4. 4. Changes to these terms

    1. 4.1. We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

  5. 5. Changes to our site

    1. 5.1. We may update our site from time to time, and may change the content at any time. However, please note that any of the content or features on our site may be out of date at any given time, and we are under no obligation to update it.
    2. 5.2. We do not guarantee that our site, or any content or features on it, will be available uninterrupted or will be free from errors or omissions.

  6. 6. Accessing our site

    1. 6.1. Our site is made available free of charge.
    2. 6.2. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period. You should make sure that you have copies of any Submissions before you send or upload them to our site.
    3. 6.3. You are responsible for making all arrangements necessary for you to have access to our site.
    4. 6.4. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

  7. 7. Your account and password

    1. 7.1. If you choose, or you are provided with, a username and password or any other piece of information as part of our security procedures, you must treat that information as confidential. You must not disclose it to any third party.
    2. 7.2. We have the right to disable any username 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 of use.
    3. 7.3. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at accountcompromised@marksoutoftenancy.com.

  8. 8. Intellectual property rights

    1. 8.1. We are the owner or the licensee of all intellectual property rights in our site, and in the material published by us on it (not including Submissions). Those works are protected by copyright laws and treaties around the world. All copyright and other intellectual property rights are reserved.
    2. 8.2. 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. 9. Storing Your Information

    1. 9.1. Our site offers certain online storage features, for example for copies of images, inventory documents and other material relevant to your tenancy. Any such item is referred to as 'Vault Content' in this clause.
    2. 9.2. Except for material that we license to you, we don't claim ownership of any Content that is transmitted, stored, or processed in your account(s). We also don't control, verify, or endorse the Content that you ask us to store.
    3. 9.3. You hereby grant us and our hosting contractor the right to transmit, use and disclose Content posted on the Service solely to the extent necessary to provide the Marks Out Of Tenancy service, as otherwise permitted by these terms, or to comply with any request of a court, governmental or regulatory body, as otherwise required by law.
    4. 9.4. By submitting any Content for storage by means of our site you promise to us that: (a) you have all the rights in the Content necessary for you to do so lawfully, and to grant the rights in this Section; and (b) the storage, use or transmission of the Content doesn't violate any law or these terms (including our Acceptable Use Policy).
    5. 9.5. You, not us, will be responsible for maintaining appropriate security, protection and back-up copies of the Content, which may include, your use of additional encryption technology to protect the Content from unauthorised access. We will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of or failure to store or encrypt any Content.
    6. 9.6. You must immediately email us at unauthorisedcontent@marksoutoftenancy.com in the event you become aware of any unauthorised use of any Content. In the event of any such use by any third party that access through you, you will take all steps necessary to terminate such use. You will provide us with such cooperation and assistance related to any such use as we might reasonably request.

  10. 10. Disclaimer

    1. 10.1. The information on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must make your own enquiries and obtain specialist advice before taking, or refraining from, any action on the basis of the content on our site.
    2. 10.2. All Submissions are provided by users of our site (including tenants, landlords or agencies) and not by us. We cannot reasonably verify the accuracy of each one. We take no responsibility and assume no liability for any review or other material submitted by any user of our site. We are not responsible for any mistakes, defamation, omissions which you may encounter, or for any infringement of intellectual property rights by any such material.
    3. 10.3. Although we make reasonable efforts to update the information that we ourselves write and provide on our site, we make no representations, warranties or guarantees, whether express or implied, that any content on our site is accurate, complete or up-to-date.

  11. 11. Important - Limitation of our liability

    1. 11.1. Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
    2. 11.2. 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.
    3. 11.3. We will not be liable to any user 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:
      1. 11.3.1. use of, or inability to use, our site; or
      2. 11.3.2. loss, corruption or inability to use any Content or Submission; or
      3. 11.3.3. use of or reliance on any content or features made available on our site.
    4. 11.4. Please note that we only provide our site to users 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, anticipated loss of business opportunity, or any business loss.
    5. 11.5. We do what we reasonably can to prevent any malware being on our site but like any site provider, cannot guarantee the absence of malware from our site. Unless arising as a result of our failure to use all reasonable endeavours to prevent or remove malware on our site, 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 on any website linked to it.
    6. 11.6. We assume no responsibility for the content of any websites or social media accounts linked to on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

  12. 12. Uploading content to our site

    1. 12.1. Whenever you make use of a feature that allows you to make submissions to our site, you must comply with the content standards set out in our Acceptable Use Policy
    2. 12.2. You promise that all your Submissions will comply with those standards, and you will be liable to us for any breach of that promise. This means you will be responsible for any loss or damage we suffer as a result of your breach of that promise.
    3. 12.3. All Submissions 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 licence to use, store and copy that content and to distribute and make it available to third parties.
    4. 12.4. By making any Submission, you grant us the worldwide, non-exclusive, perpetual, irrevocable, royalty-free right and license to publish, display, reproduce, modify, create derivative works of and commercially exploit any Submission you make. We may freely use the Submission in any media (either currently known or developed in the future) and authorise others to do the same.
    5. 12.5. We will never voluntarily disclose any of your contact details in the context of a complaint about any submission you make, without your prior consent. We will only disclose your details if we are compelled to do so by a court order.
    6. 12.6. We will not be responsible, or liable to any third party, for the content or accuracy of any Submission posted by you or any other user of our site. You are solely responsible for your Submissions you make.
    7. 12.7. 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 in our Acceptable Use Policy, or we receive a complaint about it.
    8. 12.8. The views expressed by other users on our site do not represent our views or values.

  13. 13. Legal Complaints or Objections

    1. 13.1. If you have any complaints or objections of a legal nature to material or content (including Submissions) on our site, including if you believe that material or content on our site is defamatory or infringes your intellectual property rights (including copyright or trade mark rights), please contact us immediately with a statement by email in accordance with our [link] Visitor Submission Complaints Procedure.

  14. 14. Viruses

    1. 14.1. We do not guarantee that our site will be secure or free from bugs or viruses.
    2. 14.2. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
    3. 14.3. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which 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.

  15. 15. Third party links and resources in our site

    1. 15.1. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Examples are information sourced from local authorities, the police, or educational establishments.
    2. 15.2. We have no control over the contents of those sites or resources.

  16. 16. Applicable law

    1. 16.1. Please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, 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.

  17. 17. Trade marks

    1. 17.1. "Marksoutoftenancy" and the "Marksoutoftenancy" logo are trade marks of Marks Out of Tenancy Ltd.

  18. 18. Contact us

    1. 18.1. To contact us, please email info@marksoutoftenancy.com.

Thank you for visiting our site.