Terms and conditions
Last updated 27 Dec 2022
These terms of use (together with the documents referred to in them) tell you the terms of use on which you may use or access www.openestates.uk, a subdomain or any such related websites and/or mobile application for such website (our “Sites“) whether as a guest or registered user. Use of our Sites includes accessing, browsing or registering for an account.
By using our Sites, you confirm that you accept the Terms and that you agree to comply with them.
If you do not agree to these terms of use, you must not use our Sites.
- Other Applicable Terms
These terms of use refer to the following additional terms, which also apply to your use of our Sites:
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.
Our Cookie Policy, which sets out information about the cookies on our Sites.
- Information about us
Our Sites are operated by Open Estates (“Open Estates”, “We” or “us“). Our office is located at 677 Finchley Rd, London NW2 2JP
3. Accessing our Sites
We do not guarantee that our Sites, or any content on them, will always be available or be uninterrupted. Access to our Sites is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Sites without notice. We will not be liable to you if for any reason our Sites are unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Sites.
- Your account and password
In order to register for an account on our Sites you must be aged 18 or over at the point of registration. You must have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.
If you choose, or you are provided with, any user identification code, password or any other piece of information as part of our security procedures to set up an account, 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 applicable law or any of the provisions of these terms of use and/or if we believe that your account is being used in an unauthorised or fraudulent manner.
If you know or suspect that anyone other than you knows your user identification code or password you must promptly notify us at hq@openestates.uk Following such notification you may be required to set up a new account with a new identification code and/or password.
- Agreements between Users of Our Sites
Our Sites allow property owners and managers to advertise their properties (each, an “Advertiser“) to potential tenants (each, a “Tenant“).
You may use the Sites as a guest user or a registered user. Once you have discovered a property that best suits your needs, you can sign the rental contract and provide information for reference check. You will not be charged and the contract will not be valid until reference check is completed.
We do not own or manage, nor do we contract for, any rental property listed on our Sites. We will not be a party to any agreement between an Advertiser and a Tenant. The terms of any agreement entered into between an Advertiser and a Tenant may vary from Advertiser to Advertiser. It is your responsibility to review and agree to an Advertiser’s specific terms including the Advertiser’s terms relating to payments and cancellations where payment is made via our Sites. All aspects of a transaction between a Tenant and an Advertiser, including (but not limited to) the quality, condition, safety or legality of the properties advertised and the ability of a user to enter into a transaction are solely the responsibility of each user. This includes the terms of any security deposit, which are set by the Advertiser. We do not represent, or negotiate, or carry out research on the part of or act on behalf of either Advertisers or Tenants.
We do not accept any responsibility for the confirmation of a Tenant and/or Advertiser’s identity. We encourage users to take all such steps as necessary to communicate directly with a Tenant/Advertiser (as applicable) to assure yourself of the other person’s identity, details of the property and any tenancy agreement.
- Prices
The prices of properties displayed on the Sites are liable to change at any time. Despite our best efforts, some of the prices listed on the Sites may be incorrect. We expressly reserve the right to correct any pricing errors on our Sites and/or on potential bookings which have not yet been completed.
We display the prices that Advertisers provide to us from time to time. We are not responsible or liable for the accuracy of the prices displayed, to the maximum extent permitted by applicable law.
- Payments
In some circumstances, you can make payments to Advertisers via our Sites using payment providers. In such circumstances, it remains your responsibility to make yourself aware of the Advertiser’s booking and cancellation policies. Any deposit paid to an Advertiser via our Sites is held by buildtorent.io until the start of the tenancy agreement, from which it will be transferred to and held by the Advertiser. At the end of a tenancy agreement, you must contact the Advertiser to obtain the return of your deposit. - Changes and cancellation
Any tenancy agreement entered into will be between a Tenant and an Advertiser. It is a Tenant’s responsibility to make themselves aware of the Advertiser’s cancellation policy at the time of booking. In the event that you need to change or cancel your agreement, please contact us at hq@openestates.uk
- Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our Sites, and in the material published on it. Those works are protected by copyright laws and treaties (and/or similar intellectual property laws, as relevant) around the world. All such rights are reserved.
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 content on our Sites must always be acknowledged.
You must not use any part of the content on our Sites for commercial purposes without obtaining a licence to do so from us.
If you print off, copy or download any part of our Sites in breach of these terms of use, your right to use our Sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
- No reliance on information
The content of our Sites 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 Sites, including entering into a tenancy agreement for a property advertised on our Sites.
We have no duty to pre-screen content posted on our Sites by users whether directly contributed by the user or contributed by us or a third party on behalf of the user (including, without limitation, property listings, reviews of a property, participation in an interactive community, forum or blog or any other content provided by a user to our Sites).
Although we make reasonable efforts to update the information on our Sites, we make no representations, warranties or guarantees, whether express or implied, that the content on our Sites is accurate, complete or up-to-date. We display the property information that Advertisers provide to us from time to time. To the maximum extent permitted by applicable law, we are not responsible for the accuracy of the property information displayed.
We make no representations about the suitability of the information and services available on our Sites for any purpose and the inclusion of any properties on our Sites does not constitute any endorsement or recommendation of such properties by us.
- Limitation of our Liability
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 applicable law as set out in clause 17.
To the maximum extent permitted by applicable law, we exclude all conditions, warranties, representations or other terms which may apply to our Sites or any content on it, whether express or implied.
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:
- use of, or inability to use, our Sites;
- the accuracy of any property listings; and/or
- use of or reliance on any content displayed on our Sites.
If you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; and/or
- any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our Sites for domestic and private use. You agree not to use our Sites for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, and/ or loss of business opportunity.
To the maximum extent permitted by applicable law, 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 Sites or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our Sites. 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.
We will not be liable for any act, error, omission, representations, warranties, breach or negligence by or of any third party, including an Advertiser or a Student.
- Uploading content to Our Sites
Any content you upload to our Sites or provide to us in any other way for us to use on our Sites will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but are required to grant us and other users of our Sites a royalty-free, worldwide licence to use, store and copy that content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who can reasonably demonstrate that any content posted or uploaded by you to our Sites constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content or listings posted by you or any other user.
We have the right to remove any posting you make on our Sites if, in our opinion, your post does not comply with the content standards of Open Estates.
The views expressed by other users do not represent our views or values.
- Viruses
We do not guarantee that our Sites will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Sites. You should use your own virus protection software.
You must not misuse our Sites 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 Sites, the server on which our Sites are stored or any server, computer or database connected to our Sites. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you could commit a criminal offence under applicable cyber law. 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 Sites will cease immediately.
- Linking to our Sites
You may link to our home pages, 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 our Sites in any website that is not owned by you.
Our Sites must not be framed on any other site, nor may you create a link to any part of our Sites other than the home pages.
We reserve the right to withdraw linking permission without notice.
- Third party links and resources on our Sites
Where our Sites contain links to other sites and resources provided by third parties, these links are provided for your information only.
Any maps provided on our Sites that are provided by Google are subject to the current terms and conditions published by Google available at:
http://www.google.com/intl/en/help/terms_maps.html and https://developers.google.com/maps/terms.
We have no control over the contents of those sites or resources.
- Changes to the terms
We may revise these terms at any time by amending this page. We will use appropriate means, such as relevant announcements on our website, to inform you on such amendments. However, we ask you to check this page from time to time to take notice of any changes we made, as you will be subject to the terms and conditions in force at the time that you use our Sites. If you do not agree with the changes, you must stop using the Sites.
- Applicable Law
If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law and you and we both agree that the courts of England and Wales will have non-exclusive jurisdiction, however nothing in this clause 17 shall prevent you from being able to bring a claim in the courts of your country of residence under the applicable laws of your country of residence in situations where your right to do so is mandatory under applicable local law.
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 non-exclusive jurisdiction of the courts of England and Wales.
- Contact us
To contact us, please email hq@openestates.uk
