Portal Terms

These terms tell you the terms applicable to your use of our portal available at https://flatfair.co.uk/acceptable-use/ (the portal), whether you are a tenant, agency or a landlord. They are additional to the terms to which you have agreed governing use and provision of the Flatfair tenancy management service (“Flatfair Service”). When we refer to “you” in these terms of use, that is a reference to the user with whom we have agreed to provide the Flatfair service.

The portal is operated by Flatfair Ltd (“We”). We are registered in England and Wales under company number 10487576 and have our registered office at 9th Floor, 107 Cheapside, London, EC2V 6DN. Our main trading address is 1 Long Ln, London SE1 4PG. Our VAT number is 262130542.

By using the portal, 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, you must not use the portal.

If you are a business, you undertake to ensure that all employees authorised by you to use the portal do so in accordance with these terms of use. You acknowledge that you shall remain responsible and liable for the acts or omissions of all such users, to the same extent as if you had carried out such acts or omissions yourself.

These terms of use refer to your use of the portal only. They are in addition to the following terms, which apply to your use of the Flatfair Service (“Flatfair Service terms”):

If you are a tenant, your signed Tenant Membership Agreement is available to download using this link – https://app.flatfair.co.uk/tenants/downloadTC.

If you are a lettings agency, you have signed our Partnership Agreement – please email support@flatfair.co.uk to receive a copy of your signed Partnership Agreement.

If you are a landlord, your signed Landlord Terms and Conditions is available to download using this link – https://app.flatfair.co.uk/flatbonds/downloadTC.

You must also comply with our Acceptable Use Policy for the portal https://flatfair.co.uk/acceptable-use/ , which sets out the permitted uses and prohibited uses of the portal. When using the portal, you must comply with this Acceptable Use Policy.

In addition, our Privacy Policy https://flatfair.co.uk/privacy-policy/ sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the portal, you consent to such processing and you warrant that all data provided by you is accurate.

In general, we may combine your personal information from these different sources for the purposes set out in this Notice.

Subject to your complying with these portal terms and the Flatfair Service Terms, we grant you a non-exclusive, non-transferable right to use the portal solely for the purposes of your use of the Flatfair Service.

From time to time, we may amend these terms. We will notify you in the event that we make any material changes. Your continued use of the portal shall constitute acceptance of any non-material changes and of any material changes of which you have been notified.

We may update and change the portal from time to time to reflect changes to our Flatfair service, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.

No promise is made that the portal will be available uninterrupted or error-free, or is immune from unauthorised access.

We do not guarantee that the portal, or any content or features on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the portal for business or for routine or emergency maintenance. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access the portal through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

We may suspend or withdraw your ability to use the portal in the event that you are in breach of these terms, our Acceptable Use Policy, or the terms under which you receive the Flatfair Service.

You acknowledge that no data transmission over the Internet can be guaranteed to be secure. We are not responsible for any interception or interruption of any communications through the Internet or networks or systems outside our control. You are responsible for maintaining the security of your networks, servers, applications and data transmissions.

We shall not have any responsibility in respect of any loss, destruction, alteration or disclosure of your data or content entered on to the portal, which is caused by any third party.

The portal is solely for use by tenant, letting agency or landlord users of the Flatfair service (or their authorised employees). If you are not a user of the Flatfair Service (or an employee of such a user, authorised to use the portal on the user’s behalf), you are not authorised to use the portal. The portal is directed to people residing in the United Kingdom. We do not represent that content available on or through the portal is appropriate for use or available in other locations.

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.

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 of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@flatfair.com.

We are the owner or the licensee of all intellectual property rights in the portal, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You must not use any part of the content on the portal for commercial purposes outside of the Flatfair Service without obtaining a licence to do so from us or our licensors.

Where the portal contains links to other sites 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.

We have no control over the contents of those sites or resources.

Whether you are a consumer or a business user:

• 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.
• Different limitations and exclusions of liability will apply to liability arising as a result of the supply of the Flatfair Service to you, which will be set out in our terms governing use of the Flatfair Service (by tenants, agents and landlords, as applicable).

Whenever you make use of a feature that allows you to upload content to the portal, or to make contact with other users of the portal, you must comply with the content standards set out in our Acceptable Use Policy https://flatfair.co.uk/acceptable-use/.

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.

Any content you upload to the portal 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 the portal a limited licence to use, store and copy that content for the purposes of the Flatfair Service.

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 the portal constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any content you upload to the portal if, in our opinion, it does not comply with the content standards set out in our Acceptable Use Policy https://flatfair.co.uk/acceptable-use/.

The portal is not a back-up service. You are solely responsible for securing and backing up your content stored on the portal. We not warrant that any level of back-up will be available in respect of the Customer Data. In the event of any loss or damage to your data, your sole and exclusive remedy shall be for us to use reasonable commercial endeavours to restore the lost or damaged data.

We do not guarantee that the portal will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access the portal. You should use your own virus protection software.

You must not misuse the portal 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 the portal, the server on which the portal is stored or any server, computer or database connected to the portal. You must not attack the portal via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. We may 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 the portal will cease immediately.

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.

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.

You must not establish a link to the portal in any website that is not owned by you.

The portal must not be framed on any other site, nor may you create a link to any part of the portal other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy https://flatfair.co.uk/acceptable-use/.

If you wish to link to or make any use of content on the portal other than that set out above, please contact support@flatfair.co.uk .

If you are a consumer, please note that these terms of use, 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.

If you are a business, these terms of use, 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.