Terms and Conditions

Effective Date: 25/07/2017

1.                Introduction

1.1       This website is owned and operated by Vorensys Limited. We are registered in the UK (technically “England & Wales”) under number 6672451. Our registered office is 7 Cheshire Street, Market Drayton, Shropshire, TF9 1PD and our trading address is Sugnall Business Centre, Sugnall, Staffordshire, ST21 6NF, UK. Our other contact details are specified on our website. Our VAT number is 988 5806 46.

1.2             Please read these terms and conditions carefully. They cancel and replace any previous versions. By using our Service (as defined below) you agree to be bound by these terms and conditions. Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our website in future. These terms and conditions are available in the English language only.

2.                Definitions

2.1             Capitalised terms have the following meanings in these terms and conditions:

2.1.1        “Consumer” means an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.

2.1.2        “Prospective Tenant” means the person who is the subject of the Report.

2.1.3        “Report” means the tenant reference report compiled by us.

2.1.4        “Service” means our tenant reference service as well as any other related service.

2.1.5        “User” means a person who uses any part of our Service.

3.                Your order

3.1             Your order is an offer to contract with us.

3.2             You place your order by using the ordering process on our site. This involves transmitting the order to us by clicking on the “Pay Now” or equivalent button. This process permits you to check and amend any errors before making an order by using the change function and/or the internet browser back button.

3.3             We will send you a confirmation email after your order. This is our acceptance of your offer and the point at which a legally binding contract is formed.

4.                Right to cancel (“cooling off”)

4.1             If you are a Consumer located within the European Economic Area, you have the right to cancel this contract subject to the provisions set out below.  

4.2             You lose the right to cancel contracts for digital downloads where the supply began before the end of cancellation period with your express consent and you acknowledged that your right to cancel would be lost in such case.

4.3             If you do have the right to cancel, the following apply:

Right to cancel

4.4             You have the right to cancel this contract within 14 days without giving any reason.

4.5             The cancellation period will expire after 14 days from the day of the conclusion of the contract.

4.6             To exercise the right to cancel, you must inform us Vorensys Limited of Sugnall Business Centre, Sugnall, Staffordshire, ST21 6NF, UK, telephone 01630 318181, email admin@vorensys.com of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the model cancellation form at the end of this document but it is not obligatory.

4.7             To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

4.8             If you cancel this contract, we will reimburse to you all payments received from you.

4.9             We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.

4.10         We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

4.11         If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this contract in comparison with the full coverage of the contract.

5.                Your use of our Service

5.1             Where you communicate with us on behalf of a company / organisation, you promise that you have authority to act on behalf of that entity.

5.2             If you are acting as agent for a landlord, you undertake to ensure that the landlord will be bound also by these terms.

5.3             You must promptly comply with any reasonable request or instruction by us in connection with the Service.

5.4             You must ensure that all contact and other information which you supply to us is accurate and not misleading and that you will update it so that it remains so.

6.                Your responsibilities

6.1             Unless you are the Prospective Tenant, you promise that you have complied with all of the following before requesting use of our Service:

6.1.1        You have obtained the written consent of the relevant Prospective Tenant to your obtaining a reference report which will include credit checks and landlord references, employment references, accountant and/or other references (as applicable) from various sources as to the suitability of the Prospective Tenant to enter into a tenancy agreement.

6.1.2        You have informed the Prospective Tenant that the credit check will not of itself adversely affect the Prospective Tenant’s standing.

6.1.3        You have verified the identity of the Prospective Tenant by use of a driving licence photo or passport.

You acknowledge that any Report which we supply to you is invalid if you have not complied with all of the foregoing requirements as at the date you instruct us and that we accept no legal responsibility for the Report in such circumstances (without prejudice to any other clause in this agreement). However, the foregoing does not entitle you to a refund.

6.2             If you are not the Prospective Tenant, you agree not to disclose the Report to any third party (except to the landlord if you are the landlord’s agent).

6.3             You promise that you are aware of, and will fully comply with, your obligations under data protection laws and regulations in connection with this agreement.

7.                Reports

7.1             We promise to use reasonable skill and care in preparing the Report. However, you acknowledge and agree that Reports:

7.1.1        comprise only the specific types of checks / references which we specify to you at the time of your order;

7.1.2        are dependent on information (including opinions) supplied to us by third parties and we cannot guarantee that such information is accurate, up to date or, if an opinion, that it is honestly held; and

7.1.3        must not be relied upon as the sole basis for a decision whether or not to rent to the Prospective Tenant.

7.2             We will use reasonable endeavours to supply Reports within any timescale stated on our website when you order or, if none is stated, within a reasonable period. Reports are sent by email to the address you provide to us unless we agree otherwise. If you do not receive your Report within the timescale stated, you must promptly inform us in case it was sent but has gone astray.

8.                Privacy

8.1             You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policy  which is subject to change from time to time. If you are acting as agent for a landlord, you also promise that you are authorised by the landlord to agree to our processing of the landlord’s personal data in accordance with this policy.

9.                Security

9.1             Your account on our website is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).

10.            Payment

10.1         If you do not have an account with us, payment is in advance by the means stated on our website. If you do have an account with us, you must pay within 30 days of our invoice.

10.2         Prices include VAT or other sales tax unless otherwise stated.

10.3         We may at any time change our prices. The new rate takes effect if you make an order after we post the new prices on our Service.

10.4         If any amount due to us is unpaid, we may:

10.4.1     charge reasonable additional administration costs; and/or

10.4.2     charge interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998; and/or

10.4.3     suspend all or any part of our Service; and/or

10.4.4     cancel this agreement on written notice (including email). 

11.            Functioning of our website

11.1         We cannot guarantee that our website will be uninterrupted or error-free.

11.2         We are entitled, without notice and without liability, to suspend the website for repair, maintenance, improvement or other technical reason.

12.            Liability

12.1         Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited. . In this section, any reference to us includes our employees and agents.

12.2         Very important: If you are a Consumer, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:

12.2.1     there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;

12.2.2     such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);

12.2.3     such loss or damage is caused by you, for example by not complying with this agreement; or

12.2.4     such loss or damage relates to a business of yours.

12.3         Very important: If you are a Consumer, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).

12.4         The following clauses apply only if you are not a Consumer:

12.4.1     To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.

12.4.2     Our total liability of any kind (including our own negligence) with respect to our Service for any one event or series of related events is limited to the total fees payable by you to us in respect of the Service to which the claim relates.

12.4.3     In no event (including our own negligence) will we be liable for any:

a)                economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);

b)               loss of goodwill or reputation;

c)                special, indirect or consequential losses; or

d)               damage to or loss of data

(even if we have been advised of the possibility of such losses).

12.4.4     You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.

12.4.5     This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.

13.            Intellectual property rights

13.1         We own the intellectual property rights in our Report. We license you to use it strictly in accordance with these terms and conditions.

14.            Events outside our control

14.1         Neither you nor we are liable for failure to perform or delay in performing any obligation (excluding payment) under this agreement if the failure or delay is caused by any circumstances beyond your or our reasonable control including third party telecommunication failures.

15.            Transfer

15.1         We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

16.            English law

16.1         These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom. You may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at http://ec.europa.eu/consumers/odr/. Our email address is admin@vorensys.com.

17.            General

17.1         We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights to enforce any term of this agreement except insofar as expressly stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement constitutes any party as agent, employee or representative of the other.

18.            Complaints

18.1         If you have any complaints, please contact us via the contact details shown on our website.

Version 1.1

 

MODEL CANCELLATION FORM

 

Complete and return this form only if you wish to cancel the contract:

 

— To Vorensys Limited of Sugnall Business Centre, Sugnall, Staffordshire, ST21 6NF, UK, telephone 01630 318181, email admin@vorensys.com.

— I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/ for the supply of the following service [*],

— Ordered on [*]/received on [*],

— Name of consumer(s),

— Address of consumer(s),

— Signature of consumer(s) (only if this form is notified on paper),

— Date

[*] Delete as appropriate