GENERAL TERMS AND CONDITIONS

These terms and conditions govern your use of the services to be provided by InstaRent, a product of Tudors Estates Ltd. Please read them carefully. If you accept these terms and conditions, they apply to you regardless of the service and/or combination of services, you order from InstaRent. They do not apply to your use of the website www.instarent.com (“Website”) which is separately governed by terms and conditions which are accessible here.

INTRODUCTION

1.WHO WE ARE.  We are InstaRent, a product of Tudors Estates Ltd. (“InstaRent”, “we”, “our”, “us”), a company registered at Companies House under number 10949925 whose registered office is at Apt 18, Oddingley Court, 29 Alwynn Walk, B23 7FL, Birmingham, United Kingdom.

2.HOW THESE TERMS WORK.
These terms and conditions apply to each of the services offered by InstaRent through InstaRent Ltd., known as:
Advertise Your Property and InstaRent.
Each of these Services has its own section in these terms and conditions with specific terms and conditions which apply to it. In addition, there is a ‘General’ section which applies to all the Services, any one of the Services, and any combination of the Services.

 3.REVISION OF THESE TERMS. InstaRent may revise these terms and conditions at any time by updating them, publishing them on the Website and notifying you by email at the email address which you have provided to InstaRent. You should check the Website from time to time to review the then current terms and conditions because they will be binding on you.

ADVERTISE MY PROPERTY (This is solely an advertising service and does not include guaranteed rent)

1.WHAT DOES A FREE ADVERTISING PACKAGE INCLUDE. We shall publish an advertisement for the property on our proprietary Website. We shall keep the advertisement active on our Website until the property is let, or until you inform us that you would like to remove the advertisement.  Advertisements on the Website shall only be kept active for 90 days, until the property is let, until you remove the advertisement, or until you tell us to remove the advertisement.

2.WHAT DOES A BASIC ADVERTISING PACKAGE INCLUDE. We shall publish an advertisement for the property on the Website, Gumtree, Zoopla and Open Rent. We shall keep the advertisements active on the Website, Gumtree, Zoopla and Open Rent for 90 days, until the property is let, or until you tell us to remove the advertisement. You may remove or reinstate the advertisement on the Website, Gumtree, Zoopla and Open Rent at any time during the 90 day period.

3.WHAT DOES A PREMIUM ADVERTISING PACKAGE INCLUDE. We shall publish an advertisement for the property on the Website, Gumtree, Zoopla, Open Rent and Rightmove. We shall keep the advertisements active on Gumtree, Zoopla, Open Rent and Rightmove for 90 days, until the property is let, or until you tell us to remove the advertisement. You may remove or reinstate the advertisement on Gumtree, Zoopla,  Open Rent and/or Rightmove at any time during the 90 day period.

4.NOT INCLUDED. We make no guarantees as to the prominence, or performance of any advertisement that we publish.

5.REQUIREMENTS. You shall provide us with proof of identification and proof of ownership of the property to our satisfaction. You shall also provide us with accurate images and description of the property in the format required by us.

6.PRICING.
Free advertising package – free.
Basic advertising package – £100.00 (incl. VAT).
Premium advertising package – £160.00 (incl. VAT).

7.SUSPENSION OF ADVERTISING. Once the 90 day period for display of your advertisement has ended, we shall remove the advertisement from all sites apart from our Website. You may choose to republish your advertisement on those sites by purchasing another advertising package.

INSTARENT (GUARANTEED RENT)

1.WHAT DOES INSTARENT (RENT GUARANTEED) INCLUDE. We shall use our online rent calculator to provide you with an initial offering of guaranteed rent for the property you have submitted through our website. Our rent guaranteed offer will comprise in a monthly fixed rental income with free management services. We will also include free maintenance and repair services after a waiver period of 3 to 6 months, in order to be able to verify the state of your property.

2.PROPERTY MAINTENANCE. We will manage maintenance and repair issues for you after a period of 3 to 6 months which allows us to undergo all necessary verifications for faults due to previous tenants or building issues.

3.ADVERTISING YOUR PROPERTY. We shall publish an advertisement for the property on the Website, Gumtree, Zoopla, Open Rent and Rightmove. We shall keep the advertisements active on Gumtree, Zoopla, Open Rent and Rightmove for 90 days, until the property is let, or until you tell us to remove the advertisement.

4.NOT INCLUDED. We make no guarantees as to the prominence, or performance of any advertisement that we publish. We do not guarantee that the guaranteed rent amount generated by our rent calculator will be the final offering, as this is subject to the verification of the property and the accuracy of the details you’ve provided to us. Therefore, the rent guaranteed amount is subject to change upon review from our property valuation specialists.

5.REQUIREMENTS. You shall provide us with proof of identification and proof of ownership of the property to our satisfaction. You shall also provide us with accurate images and description of the property in the format required by us.

6.PRICING.
Unless you have any additional requirements, our service is free to Landlords.

GENERAL INFORMATION REGARDING OUR SERVICES

1.OWNERSHIP. You warrant that you own the property which you are instructing InstaRent to advertise, let and/or manage.

2.COMPLIANCE
a) Furniture and Furnishings (Fire Safety) Regulations 1988 (as amended) – You warrant that all furniture and furnishings in the property shall comply with the regulations at all times.
b) The Electrical Equipment (Safety) Regulations 1994 – You warrant that all furniture and furnishings in the property shall comply with the regulations at all times. You shall ensure that the electrical installation and all electrical appliances within the property are maintained in good order and regularly checked for safety by an appropriate registered engineer.
c) The Gas Safety (Installation & Use) Regulations 1998 – You warrant that all furniture and furnishings in the property shall comply with the regulations at all times. You shall ensure that any gas appliances and gas supply into the property are maintained in good order and checked for safety at least every 12 months by a Gas Safe registered engineer.
d) Smoke and Carbon Monoxide Alarm (England) Regulations 2015 – You warrant that you have complied with the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 in respect of the property.
e) Energy Performance Certificate (EPC) – You warrant that there is a valid EPC in respect of the property.
f) Local Authority Licences – You warrant that you have obtained all licences, consents and permissions from the relevant local authority to enable you to let the property including planning permissions, building regulations consents and/or licences for multiple occupation under The Housing Act 2004. InstaRent shall not provide any Services in relation to a property where it discovers that you do not have the necessary licences, consents and/or permissions, or if you fail to provide evidence of such licences, consents and/or permissions when asked by InstaRent. If we are made aware that you do not have the requisite licences, consents and/or permissions in respect of the property, we reserve the right to inform the relevant local authority and/or existing or potential tenants.
g) You give InstaRent authority (at your cost) to remove or disable any appliances, furniture or furnishings which InstaRent considers may be in breach of Health and Safety regulations.

3.REQUIRED CONSENTS. You warrant that:
a)if you are a lessee under a superior lease, the term of that superior lease extends beyond the term under the tenancy agreement and that any necessary consents to let the property have been obtained;
b) you have notified your insurance company of your intention to let the property and have obtained the insurer’s agreement to extend the insurance cover on the property and its contents to cover the change in circumstances;
c) if you are a joint owner of the property, you have ensured that all the owners of the property are named in the tenancy agreement and that you are authorised to give instructions on their behalf; and
d) if the property is subject to a mortgage, you have obtained the mortagee’s written consent to any proposed letting.

4.YOUR OBLIGATIONS – You must do the following in respect of your property:
a) ensure that the property and, if applicable, its garden are in good, clean and tidy and lettable condition and that all necessary licences, certificates and consents have been obtained to enable the property to be legally let. You give InstaRent authority (at your cost) to clean, tidy and remove any appliances, furniture or furnishings which InstaRent considers render the property unsuitable for commencement of a tenancy;
b) keep the structure (including the drains, gutters and down pipes) and the exterior in good order and repair;
c) keep the appliances for supply of gas, electricity and water in good repair;
d) keep the appliances for supply of space heating and water heating in good repair;
e) keep the sanitary appliances in good repair and carry out all repairs within a reasonable time of being notified; and
f) ensure that the property and its contents are adequately insured, ensure that the insurer is notified that the property is being let, ensure that the insurer is notified when the property is vacant, supply InstaRent with a copy of the insurance policy and bring to InstaRent’ attention any provisions of the insurance policy that should be incorporated into the rental agreement.

5. INDEMNITY. You shall indemnify InstaRent from and against any losses, liability, damages and expenses (including all legal fees) that InstaRent incurs or are awarded against InstaRent as a result of your failure to comply with any of the regulations or orders stated in these terms and conditions, failure to obtain the consents to let your property or failure to comply with your obligations

6. DISCLAIMER. InstaRent shall carry out its obligations under these terms and conditions with reasonable care and skill, but does not accept any liability arising out of:
a) a tenant’s failure to pay the rent or other fees due from it unless it takes place during and under a rent guaranteed agreement (InstaRent’ only obligation in respect of such unpaid rent or fees shall be to write to the tenant demanding payment);
b) the accuracy of any references obtained in respect of tenants (InstaRent does not warrant that a tenant is suitable to occupy the property);
c) the unsuitability of tenants, if you do not adhere to our rent guaranteed scheme;

7. LEGAL PROCEEDINGS. Should the tenant leave the property prior to the expiration of the tenancy, it is your responsibility to take the appropriate action (including court proceedings) to recover any outstanding rent from the former tenant should you choose to not opt for our guaranteed scheme.

8. TAX. All sums stated in this agreement are inclusive of VAT.

9. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or its obligations under this Agreement in whole or in part without the prior written consent of the other except to a purchaser of all or a substantial part of its assets

10. TERM AND TERMINATION. These terms and conditions shall continue until either party gives the other no less than one calendar month’s notice of termination. Each of the Services ordered by you shall be separately capable of termination upon one party giving to the other at least one calendar month’s notice of termination. Upon termination, you shall pay to InstaRent all sums due under these terms and conditions (or the terminated Service, as applicable). You shall not be entitled to any refund in respect of fees already paid.

11. DATA PROTECTION. InstaRent is registered under the Data Protection Act 1998. Our processing of your personal data is governed by the terms of our Privacy Policy.

12. COMMISSIONS AND INTEREST RETAINED BY INSTARENT. Any commission, interest or other income earned by InstaRent from third parties in providing the Services shall be retained by InstaRent.

13. PAYMENTS AND RIGHT OF SET OFF. InstaRent shall be entitled to set off any outstanding fees, charges and/or commission due under these terms and conditions against any sums obtained or held on your behalf, including rental payments on any of your properties on which InstaRent is instructed. All payments to be made by you under these terms and conditions shall be made using the methods stipulated by InstaRent.

KEYS. Any keys that are provided to InstaRent by you or on your behalf shall be kept securely. We may make further copies to facilitate viewings. If managing the property we shall keep a set of keys securely at our office.

14. LEGAL PROCEEDINGS. InstaRent shall not be required to initiate or participate in any court action for the recovery of rent or repossession of the property. InstaRent shall not accept service of legal proceedings on the landlord’s behalf.

15. ANTI MONEY LAUNDERING. InstaRent is subject to the Money Laundering Regulations 2007. As a result, we need to ask each landlord for suitable identification and will be unable to proceed with any work on your behalf if we are unable to obtain this from you.

16. NOTICES. All notices shall be sent by email and shall be deemed received at the date and time they are opened by the recipient. Notices sent to InstaRent shall be sent to office@tudorsestates.co.uk. Notices sent to you shall be sent to the email address given by you when registering for any of the Services.

17. INTERPRETATION. Clause headings shall not affect the interpretation of this Agreement. The words “include” and “including” shall not limit the generality of any words preceding them.

18. THIRD PARTY RIGHTS. Except as expressly stated otherwise, nothing in this Agreement shall create or confer any rights or other benefits in favor of any person other than a party to this Agreement.

19. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between them, whether written or oral, relating to its/their subject matter. Each party agrees that it shall have no remedies in respect of any statement, representation or warranty (whether made innocently or negligently) that is not set out in this Agreement.

20. MISCELLANEOUS. Neither party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure results from events, circumstances or causes beyond its reasonable control. Failure or delay in exercising any right or remedy under this Agreement shall not constitute a waiver or such (or any other) right or remedy. The invalidity, illegality or unenforceability of any term of this Agreement shall not affect the continuation in force of the remainder of the Agreement.

21. COMPLAINTS. If you are dissatisfied with our service and you are unable to resolve such dissatisfaction with your InstaRent contact, you should email office@tudorsestates.co.uk. Your complaint shall be acknowledged within three working days of receipt and an investigation undertaken. A formal written response will be sent to you within 15 working days of receipt of your formal complaint.

22. JURISDICTION AND CHOICE OF LAW. These terms and conditions are governed by English law and the parties submit to the exclusive jurisdiction of the English courts in relation to any dispute (contractual or otherwise) concerning these terms and conditions.

WEBSITE GENERAL TERMS AND CONDITIONS

1) InstaRent Service
a) Thank you for your interest in InstaRent. We provide services to facilitate the advertising leasing and furnishing of property by private landlords and related services. Please note that we do not own any property ourselves and we do not act for any other lettings or real estate agency.

2) InstaRent
a) instarent.com is owned and operated by Tudors Estates Ltd., a company registered in England under registration number 10949925.

3) Where we are
a) Our registered office Apt 18 Oddingley Court, 29 Alwynn Walk, B23 7FL, Birmingham, United Kingdom.

4) Introduction

5) Terms for use of the Site.
a) This page has our plain English introduction to the terms upon which we make available this Site and offer our services. It governs your use of this Site and these terms include our Privacy Policy (together, our “Terms”). If you do not accept all of these Terms, then you must not use or continue to use our Site or our services. We recommend that each time you access our Site you check these Terms for any changes or updates.
b) Our rent guaranteed services: If you choose to use our rent guaranteed services, there are additional terms and conditions that govern those management services available upon request.
c) Our advertising services: If you choose to use our advertising services, there are additional terms and conditions that govern those.

6) Are you 18 or over?
a) By using this web site (the “Site”) you confirm that you are 18 years or older. If you are not, then you must not use this Site.

7) Landlord responsibilities.
a) As a private landlord advertising or leasing property via our Site, you agree to inform us if you do not wish to let your property on a short let. You also agree only to post or otherwise make available via this Site photographs, information and other content (“Content”) on this Site for which you have lawful authority and not to post anything which is offensive, defamatory or otherwise may reasonably considered harmful or likely to cause distress.

8) Tenant / Guarantor responsibilities.
a) As a tenant or guarantor (or prospective tenant, guarantor or other browser), you agree you are responsible for all dealings between you and any landlord of any property advertised by us on behalf of a landlord through this Site or by us through any other web site.
b) The terms of the lease and/ or guarantees between you and them will govern the resolution of any issues between landlords, tenants, prospective tenants, guarantors or prospective guarantors for a tenant or any other person other than us. Prospective tenants, guarantors and other browsers of this Site are reminded to verify the accuracy of any Content with the relevant landlord.

9) Links to other websites from this Site.
a) This Site contains hyperlinks to websites that are not owned or operated by InstaRent. The hyperlinks are provided for your reference only and InstaRent does not control those other websites. We are not responsible for their content or accuracy. When we include hyperlinks on this Site to other websites, we do not endorse their content or them or claim that we are associated with them. The privacy policies and terms of use of those other websites will govern your use of those websites.

10) Your Obligations In Using The Site And Providing Content To Us

11) Complying with laws.
a) You agree that you will not use our Site or services for any purpose that is unlawful or prohibited by these Terms. You agree that you are responsible for all uses of this Site by you and any person that you allow to use your log-in information.

12) Posting Content.
a) You agree that you are solely responsible for any Content you post or otherwise make available (“Post”) via this Site. You agree to Post on this Site only the Content for which you have lawful authority to Post and which is true, complete and accurate. You agree to not Post anything which infringes the rights of any third party (including, but not limited to, intellectual property rights or rights in confidential information). You agree not to Post anything that is offensive, defamatory or otherwise may be reasonably considered harmful or likely to cause damage or distress to another person. You agree to promptly update or correct any of your Content on becoming aware of any errors or inaccuracies. You give your irrevocable consent for us to update or correct your Content if we think we need to do that. You agree to assist us as we may reasonably require to identify and remedy any unauthorised use of your Content.

13) Using content.
a) You agree that you will not Post on or use this Site or any of its Content for any spyware or crawlers or for the purpose of promoting or facilitating commercial messages or advertisements unrelated to InstaRent.

14) Monitoring and removing your Content.
a) You agree that InstaRent is not obliged to monitor or censor any of your Content on our Site or on any other website but that we have full rights to do so. You agree that we may, in our absolute discretion, at any time and without notice to you remove, remove or decline to display any of your Content on the Site or any other website. Notwithstanding what has been set our earlier, if you see anything on Site which you find objectionable, please email us at: office@tudorsestates.co.uk.

15) Licence granted to InstaRent.
a) You agree to grant InstaRent the licences set out below in LICENCE AND INTELLECTUAL PROPERTY RIGHTS.

16) Additional Obligations If You Are A Landlord

17) As a landlord advertising property via our Site, you agree to the following additional obligations to us.

18) Marketing your property only when available.
a) You warrant that you have the necessary authority to market any property which you Post on this Site as your Content. You warrant that you hold the necessary licences, consents and authorities to use, display and reproduce and publish your Content. You agree to notify us immediately if the property you have Posted on or via this Site is no longer available by sending us an email to office@tudorsestates.co.uk

19) Complying with laws for marketing property.
a) You agree to abide by all applicable laws and regulations including but not limited to The Property Misdescriptions Act 1991.

20) Staying contactable.
a) You agree to provide a contactable telephone number to enable InstaRent to effectively monitor and pass on leads to you.

21) Allowing InstaRent to monitor leads.
a) You agree to allow InstaRent to monitor your response to its leads. You agree that InstaRent and its agents may record all phone calls between InstaRent and you or when delivering to you or replaying leads to you for prospective tenants or guarantors.

22) Notices.
a) You agree to read and abide by all notices posted on our Site from time to time.

23) Registering An Account And Deleting It

24) Registering.
a) You do not need to register to create an InstaRent account in order to use the InstaRent services. You agree that any information that you give to us about yourself for your account will always be accurate and up to date (including your email address and other required contact information).

25) Billing.
a) You understand that we may use a third party to perform billing services or credit card processing services on our behalf in connection with your InstaRent account.

26) Verification and amendments.
a) To continue to use your InstaRent account or some InstaRent services, you may be required by us from time to time to provide certain additional information (such as authentication, identification or additional contact details). InstaRent may discontinue your access to or use of any InstaRent services if your contact information is not accurate or up-to-date or you do not respond to our communications directed to verifying your information.

27) Is it lawful for you to deal with us?
a) If you are:
b) under 18 years of age; or
c) a person barred from using or receiving InstaRent’s services under the applicable laws of England and Wales or any other countries (including the country in which you are resident or from which you intend to access or use the Site or any other InstaRent services),
d) then you must not register to create an InstaRent account or access or use our Site or InstaRent services or agree to accept these “REGISTERING AN ACCOUNT WITH US” terms.

28) Deleting your account.
a) If you want to delete your account, please contact us directly using the email address that you registered with InstaRent, and we’ll endeavour to suspend or deactivate your account within 3 working days of your request.

29) InstaRent’s Responsibilities

30) Availability of the Site.
a) We use all reasonable efforts to ensure that this Site is available however, we do not guarantee that the Site will be always available.

31) Viruses etc.
a) We use all reasonable efforts to ensure that this Site is free from software viruses however, we do not guarantee that your use of the Site and the Content on it will be virus-free. You must ensure all computers or devices that you use to access the Site have appropriate virus screening software.

32) License And Intellectual Property Rights

33) Licence to us of your Content.
a) By Posting your Content on or via our Site to other websites, you give us a worldwide, sublicensable, transferable, non-exclusive, perpetual, royalty-free licence to reproduce, adapt, modify, translate, publish, publicly display and distribute any of your Content for the purposes of enabling us to provide you with InstaRent’s services in accordance with these Terms or to further develop and market InstaRent’s services.

34) Rights to Content.
a) InstaRent retains all rights, title and interest in and to all intellectual property rights embodied in or associated with our software and services, InstaRent’s Content, InstaRent’s Site, and any Content InstaRent creates or derives there from. All rights, including copyright and other intellectual property rights, in and to the InstaRent Trade Marks, any InstaRent services or Content and our Site are owned by or licensed to InstaRent. Our entire Site is subject to copyright with all rights reserved.
b) You retain all rights, title and interest in and to all intellectual property rights embodied in or associated with your Content in accordance with these Terms.

35) Assignment of intellectual property rights.
a) If you acquire any copyright or other intellectual property rights in the InstaRent Trade Marks, any InstaRent services or Content or our Site (including any rights you may have in user generated content that you Post through our Site) whether by operation of law or otherwise, then you agree that on such acquisition you assign those rights to us on a worldwide basis absolutely to the fullest extent permitted by law. You unconditionally and irrevocably waive any and all moral rights that you acquire in or to the InstaRent Trade Marks, the InstaRent services and Content and our Site and you agree to execute all documents and do all acts and things as we may reasonably require in order to assign any such rights to us and to waive any moral rights you acquired.

36) Restrictions on your use of Content.
a) You are not permitted to copy, distribute, modify, create derivative works from, post or frame any text, graphics, video, audio, software code, or user interface design or logos from our Site. You agree you will not reproduce, publish, transmit, license, rewrite for broadcast or publication or redistribute in any medium any of our Content without our prior written permission and will not display, perform, transfer or sell any of our information or Content, software, products or services obtained from our Site. Other than is expressly provided in these Terms, nothing implies or gives you any licence or right under any copyright, trademark, database right, sui generis right or other intellectual property or proprietary interest of any of InstaRent, its licensors or any third party.

37) Reserved rights.
a) All rights not expressly granted to you by these Terms are reserved by us or our suppliers. You agree that you will not take any action inconsistent with InstaRent’s ownership of our Site and/or InstaRent’s Content.

38) Attribution, Publicity, Promotional and Marketing Use
a) You agree InstaRent may in its sole discretion determine any attribution(s) and use of InstaRent’s Trade Marks. You will not make any statement which suggests you are in partnership with, sponsored by or endorsed by InstaRent without InstaRent’s prior written approval. You give your irrevocable consent to InstaRent producing and distributing incidental depictions, including screenshots, video, images or other parts of your Content in the course of promoting, marketing, or demonstrating our services, and, where you provide feedback or suggestions about us, you agree that we may use such information without obligation to you and you grant us all necessary rights for these purposes.

39) Liability

40) CAP ON LIABILITY.
a) YOU AGREE THAT OUR TOTAL LIABILITY TO YOU WILL BE NO GREATER THAN THE AMOUNT OF FEES (IF ANY) THAT YOU HAVE PAID TO US.

41) Credit and debit card transactions:
a) InstaRent makes all reasonable efforts to ensure that all credit card and debit card transactions are secure. However, if unauthorised charges appear on your credit card or debit card statement for any card used on or through this Site at any time during or after you conduct your transaction with us or disclose your card details to us on this Site, InstaRent will not be liable or responsible in any way in respect of any damage or loss of whatsoever nature suffered by you arising from or in any way connected with that use, transaction or disclosure, subject only to any statutory rights which you may have.

42) Errors and omissions etc:
a) We do not warrant that the information published on this Site will be error-free and in using this Site you acknowledge that the property details and all other information including information relating to properties published on this Site may include inaccuracies, mistranslations or typographical errors. While InstaRent makes reasonable efforts to ensure that the listing of any property complies with applicable law, the listing of any property on or via our Site is not and should not be taken as a recommendation from InstaRent or a representation that the property will be suitable for any purpose or that a tenant or a guarantor will be suitable for any particular property or lease or they any of them will comply with the terms of any lease or guarantee. InstaRent will in no way be liable to you in the event that the property is not suitable for your purpose or that the tenant or guarantor or landlord is not suitable or fails to comply with their obligations under any lease or guarantee.

43) TYPES OF LOSS AND DAMAGE NOT CLAIMABLE FROM US:
a) NEITHER INSTARENT NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, OTHER PARTNERS OR REPRESENTATIVES WILL BE LIABLE FOR ANY LOSS OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY INFORMATION, PRODUCTS, SERVICES, MATERIALS AND/OR PROPERTY OR OFFERED THROUGH THIS SITE INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA, INCOME PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES EVEN IF INSTARENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE.
b) YOU ALSO AGREE THAT INSTARENT AND PROVIDERS OF DATA PROCESSING, NETWORK AND TELECOMMUNICATIONS SERVICES TO INSTARENT WILL NOT BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THIS SITE OR OUR SERVICES AND YOU AGREE TO WAIVE ANY AND ALL CLAIMS IN RELATION TO THAT USE OR INABILITY TO USE (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER GROUNDS).
c) THIS SITE IS MADE AVAILABLE TO YOU ONLY ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, INSTARENT ACCEPTABLE NO LIABILITY FOR ANY INFECTION BY COMPUTER VIRUS, BUG, TAMPERING, UNAUTHORISED ACCESS, INTERVENTION, ALTERATION OR USE, DEFRAUD, THEFT, TECHNICAL FAILURE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY OR ANY OCCURRENCE BEYOND ITS CONTROL WHICH COMPRISES OR AFFECTS THE ADMINISTRATION, SECURITY, FAIRNESS OR THE INTEGRITY OR PROPER CONDUCT OF ANY ASPECT OF THIS SITE.

44) INDEMNITY:
a) YOU AGREE TO INDEMNIFY AND HOLD INSTARENT, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, OTHER PARTNERS OR REPRESENTATIVES HARMLESS FROM ANY LOSS, DAMAGE, LIABILITY, CLAIM OR DEMAND, COSTS OR EXPENSES INCLUDING REASONABLE LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SITE OR YOUR CONTENT.
b) ALL USE BY YOU OF THIS SITE IS AT YOUR OWN RISK AND YOU ASSUME COMPLETE RESPONSIBILITY FOR ALL RISK OR LOSES OR DAMAGE, INCLUDING ANY RESULTING FROM YOUR DOWNLOADING, UPLOADING AND/OR USE OF OR REFERRING TO OR RELYING ON INFORMATION, PRODUCTS, PROPERTIES, SERVICES OR MATERIALS PROVIDED ON THIS SITE OR ANY OTHER INFORMATION OBTAINED FROM YOUR USE OF OUR SITE.

45) DISCLAIMER:
a) INSTARENT MAKES NO REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE FROM DEFECTS INCLUDING BUT NOT LIMITED TO VIRUSES OR OTHER HARMFUL ELEMENTS.
b) TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY EXCLUDED, INCLUDING WITHOUT LIMITATION REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS ABOUT ANY OF OUR SERVICES, INFORMATION AND/OR CONTENT ON THIS SITE INCLUDING WITHOUT LIMITATION THEIR ACCORDANCE, THEIR COMPLETENESS OR THEIR MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.

46) General

47) Law.
a) These Terms and your use of this Site are governed by the laws of England and Wales. You consent to the exclusive jurisdiction of the courts of England and Wales in all disputes arising out of or relating to the use of this Site each time you access the Site. Use of this Site is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions including without limitation to this paragraph. Nothing in these Terms restricts InstaRent’s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by InstaRent with respect to such use.

48) Waiver.
a) InstaRent’s failure to enforce at any time or for any period any one or more of the terms or conditions in these Terms will not be a waiver of them or the rights attaching to any of them. No provision of these Terms is waived by us unless we waive it in writing.

49) Relationship between us.
a) You agree that no joint venture, partnership, employment, or agency relationship exists between you and InstaRent as a result of these Terms or your use of this Site.

50) Severability.
a) If any part of these Terms is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.

51) Entire agreement.
a) These Terms (including our Privacy Policy) constitute the entire agreement between you and InstaRent with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and InstaRent with respect to this Site.

52) Survival.
a) Any terms which by their nature are intended to continue indefinitely will continue to apply after termination of any agreement between us and you.

53) Third party rights.
a) Each affiliate of InstaRent shall be a third party beneficiary to these Terms and entitled to directly enforce, and rely upon, any provision of these Terms which confers a benefit on (or provides rights in favour of) them. No other person shall be a third party beneficiary or able to enforce any these terms under the Contracts (Rights of Third Parties) Act 1999.

54) Assignment.
a) You may not assign or transfer your rights or obligations under these Terms. InstaRent may assign any contract between us and you to a third party.

55) Notices.
a) Notices to InstaRent must be sent in writing to our registered company headquarters and they are deemed given upon receipt.

56) Definitions And Interpretation

57) Interpretation.
a) The headings used in these Terms are for convenience only and will not affect the meaning or scope of these Terms or otherwise be given other legal effect. If there is a conflict or ambiguity, then the terms set out in any Specific Terms shall prevail over these Terms.

58) “Content”
a) means all of the information stored on and retrieved from InstaRent databases including any software code, the content on our Site but excluding any information that you obtain lawfully and independently of us.

59) “InstaRent services”
a) means our provision of InstaRent’ Content and any services which InstaRent may make available to you.