Terms and Conditions of Website Use
In these terms and conditions:
“we/us/our” means Brywins Property Limited;
“Website” means the Website;
“you”/”your” means the user of the online services.
Reliance On Information Posted & Disclaimer
The materials contained on our site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such.
We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by English law, we exclude all liability for loss or damages direct or indirect arising from use of this site.
Important Note: In registering your property with us or purchasing one of our packages, by ticking the relevant terms and conditions box within the registration page of our website you the landlord agree that;
- You have fully understood the advertising or letting service that we provide.
- You agree that our advertising or letting service is satisfactory for your needs.
- You agree to pay in full before inclusion within any of our packages and services.
- You have fully understood and agree to all aspects within our Terms and Conditions.
- You agree to use our advertising or letting service as a private landlord only and not as a letting agent or estate agent. Note: If you are a private landlord looking to tenant your own properties and operate as a company i.e. ABC Property ltd you are not deemed as acting as a letting agent or an estate agent and may carry on using our services.
- You agree with and fully understand that if it is found that a registration/advertisement for any of our services is made by a letting agent or estate agent that the registration/advertisement will be immediately removed from our system and database and that no refund will be offered.
Registration renewal service.
If a landlord wishes to renew any of the Brywins Property packages purchased, the renewal must take place prior to the expiry date which is two months from the initial registration date. It is entirely the landlord’s responsibility to renew any of our packages in adequate time prior to expiry. If a landlord does not receive a Brywins Property reminder to renew their advert for whatever reason, Brywins Property is not to be held responsible for the property expiring without notice.
Property Mis-description act 1991
Brywins Property Ltd will update all website particulars at regular intervals and make every effort to ensure the accuracy of the advertised details produced are correct at all times. However it is entirely the landlords’ responsibility to make sure that all personal and property details held by us are correct and up to date. We hold no responsibility for any mis-description that has been provided by the landlord. In agreeing to our terms and conditions the landlord accepts all responsibility for the advert details produced within the Brywins Property Ltd website and all marketing resources used by us. If a landlord wishes to change any personal or property details they must do so in the first instance by stating the change to be made in writing either via email to firstname.lastname@example.org or via post to; Brywins Property Ltd, 29 The West Hundreds, Fleet, Hampshire, GU51 1ER.
All fees that are chargeable by us for our Packages and Services are to be paid in advance and in full. We actively seek to take payment from customers for our Packages and Services via a secure network. We are not to be held liable for any damages or costs that may be incurred by a fault with the secure network or our network that is used to take payment for our services. All management fees that are required for our Full Management Service (Advanced and Ultimate Packages) will be taken from the monthly rental income.
If it is found that a property has been registered for any reason other than to find a prospective tenant, the property will be removed from the Brywins Property Ltd website straight away and no refund will be offered.
Landlords’ responsibilities (For our Standard Package only).
It is the landlords’ responsibility to insure that all of the following are adhered too:
- A current landlords’ electrical safety certificate is in place.
- A current landlord’s gas safety certificate is in place.
- Where applicable the landlord must have permission from the mortgage lender to let out his/her property.
- Adequate insurance is in place to cover all eventualities.
- All furnishings within the landlords’ property pass Fire Safety regulations 1998.
- All tax that is due from rental income is declared to the Inland Revenue no matter if the landlord is resident in the UK or overseas.
- Where applicable standing order payments are arranged by the landlord to allow for rental payments by the tenant.
- Where applicable a rent book is given to the tenant to register weekly rental payments.
- All utility bills are transferred into the current tenants’ name.
- Council tax payments are made by the current tenant.
- The tenant(s) deposit has been placed in a suitable tenancy deposit scheme, or the landlord holds the tenant(s) deposit and has insured the tenant(s) deposit via a suitable tenancy deposit scheme.
- A suitable energy performance certificate is in place before advertising the property and is presented to the tenant in adequate time with all property particulars.
Editing and deletions.
If a landlord wishes to amend any details about their property or personal particulars please email all amendments to email@example.com in the first instance. All amendments will be activated in 48 hours of processing the landlords email request.
If a landlord wishes to remove an advert from our database this can be carried out by emailing the rental address and/or the reference number to firstname.lastname@example.org and clearly stating within the email that the advert is to be removed.
Once a property has been removed from our database we are unable to register the property again unless payment has been received in full for a new advert to be placed.
Property portal loading system.
We use an automated feed system to send our rental properties to our entire list of partners’ websites. The feed that we use is sent to our partners websites once a day every day to ensure our rental properties are showcased across the Internet as fast as possible. If a property has not been displayed within 48 hours please don’t hesitate to get in contact. We do not accept liability for any of our partner sites who are experiencing technical difficulties and are unable to receive the feed that we send on a regular basis. Should any of our partner sites experience any difficulties in receiving our property feeds, the feeds that we have sent will be retrieved once our partners technical problems have been resolved. We have no control over the speed that our partners repair their technical faults and do not accept any liability for a property that has not been displayed due to an error that is out of our control.
Rental property postcodes.
When a registration is sent to our list of partner sites the correct postcode must be included within the information that is sent. If it is found that an incorrect postcode or a postcode that is not registered with the Royal Mail has been sent to our partners websites the postcode and the property will be rejected from the partners website and the property will be excluded from advertising until the postcode is deemed as correct by the particular website or the postcode can be found within a Royal Mail search. Brywins Property Ltd are not responsible for the rejection of any property registration due to the incorrect or unregistered postcode that has been given by a landlord. All of our advertising websites/portals locate the exact location of a rental property by the postcode of the property. Our advertising websites/portals have the final say on where a property is located, and within what property searches individual rental properties will show. This judgement is made by our advertising websites/portals using their own map facilities and the postcode offered by Brywins Property Ltd.
If your property has not been shown within the property portals that we have guaranteed to show your property on within 48 hours we will offer you a full refund. Please note: All refund requests must be made in the first instance by email to email@example.com . Please allow 14 days for your refund to be processed.
If you are a letting agent or estate agent and you have registered for any of our services either in error or by trying to mislead us into believing that you are a private landlord you will not be offered a refund. All letting agents or estate agents properties that have been registered either in error or by trying to mislead us into believing that the registration has been placed by a private landlord, will be removed from our site and our list of partner sites immediately.
Landlord & Tenant disputes.
All disputes that arise between a landlord and tenant that have used our service are to be resolved solely by the landlord and tenant. We hold no responsibility for any disagreements or disputes that may arise throughout a tenancy term. We may seek to advise both the landlord and tenant about their individual rights and may offer advice on certain aspects of legal proceedings but at no point are we to be deemed liable for any damages or expenses incurred due to a landlord/tenant disputes.
Information about us
www.brywinsproperty.co.uk is a site operated by Brywins Property Limited (“We”); we are a Limited Company registered in England and Wales under registration number 7353586. Our registered office is: 14 Gorseway, Fleet, Hampshire, GU52 7NA.
In consideration of our agreeing to permit you to use the website to search our database, you agree that you will only use, reproduce and print materials comprising the results of such searches for your own personal, non-commercial purposes.
The pages contained in the Website may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so.
The information contained in the material in the Website is only for information purposes. The material on the Website does not constitute advice and you should not rely on any material on the Website to make (or refrain from making) any decision or take (or refrain from taking) any action.
Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
Intellectual property rights
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.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
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.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
The material and product displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any material posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information about you and your visits to our site
Viruses, hacking and other offences
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.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses 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 material posted on it, or on any website linked to it.
Links from our site
Jurisdiction and applicable law
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site.
Brywins Property is a UK registered trade mark of Brywins Property Limited.
If you have any concerns about material which appears on our site, please contact: firstname.lastname@example.org
All correspondence relating to the Website should be sent to:
Brywins Property Ltd
Registered in England with company number 7353586.
Thank you for visiting our site.