A. Acknowledgement and Acceptance
- This Agreement outlines the terms and conditions governing your access to and use of the website www.rentview.com ("the Site"). By accessing and/or using the Site
you agree to be bound by the terms and conditions contained in this Agreement. These terms and conditions are important and protect you and us. Please take the time to
read the terms and conditions carefully. If you have any questions about them please email us at info@rentview.com.
- Your agreement with the Site will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the "Common Terms".
- Your agreement with the Site will also include the terms of any Legal Notices applicable to the Services, in addition to the Common Terms. All of these are referred to
below as the "Additional Terms". Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service. If
you have subscribed as an Agent or user of the Site, please read the End User Licence below.
- Rent Collectors Ltd. ("The Company") reserves the right at any time and from time to time, to modify or amend this Agreement and/or any part thereof. You
are responsible for regularly reviewing this Agreement and your continued use of the www.rentview.com web site constitutes an affirmative acknowledgement by you of any
modification to this Agreement and consent to be bound by its terms.
- If there is any contradiction between what the Additional Terms say and what the Common Terms say, then the Additional Terms shall take precedence in relation to that Service.
- In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms.
- You can accept the Terms by:
- clicking to accept or agree to the Terms, where this option is made available to you by the Site in the user interface for any Service; or
- by actually using the Services. In this case, you understand and agree that the Site will treat your use of the Services as acceptance of the Terms from that point
onwards.
- You may not use the Services and may not accept the Terms if:
- you are not of legal age to form a binding contract with the Site of any party under the law, or
- you are a person barred from receiving the Services under the laws of the Ireland or other countries including the country in which you are resident or from which
you use the Services.
- Before you continue, you should print off or save a local copy of these Terms and Licence for your records.
- You understand and agree that if you use the services of the Site after the date on which the Common Terms or Additional Terms have changed, the Site will treat your use
as acceptance of the updated Common Terms or Additional Terms.
- If there is any contradiction between what the English language version of the Terms says and what any translation thereof says, then the English language version shall
take precedence.
- Where appropriate in these conditions references to "the Site" shall mean "www.rentview.com" and/or The Company as the context may require.
- You agree that the Site may provide you with notices, including those regarding changes to the Common Terms, by email, regular mail, or postings on it.
B. Provision of services
- The Site may innovate from time to time in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the
services which the Site provides may change from time to time without prior notice to you.
- As part of any continuing innovation, you acknowledge and agree that the Site may stop (permanently or temporarily) providing the Services (or any features within
the Services) to you or to users generally at its sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically
inform the Site when you stop using the Services.
- You acknowledge and agree that if The Site disables access to your account, you may be prevented from accessing the services, your account details or any files or other
content which is contained in your account.
- You acknowledge and agree that while the Site may not currently have set a fixed upper limit on the number of transmissions you may send or receive through it or on the
amount of storage space used for the provision of any service, such fixed upper limits may be set by the Site of its Internet Service Provider at any time, at their respective
discretion.
C. Accessing the service
- In order to access certain services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration
process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to the Site will always be accurate, correct and
up to date.
- You agree to use the services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines
in the relevant jurisdictions (including any laws regarding the export of data or software to and from the Republic of Ireland or other relevant countries).
- You agree not to access (or attempt to access) any of the services of the Site by any means other than through the interface that is provided.
- You agree that you will not engage in any activity that interferes with or disrupts the services (or the servers and networks which are connected to or with the Site).
- Unless you have been specifically permitted to do so in a separate agreement with Site, you agree that you will not reproduce, duplicate, copy, sell, trade or resell
the services for any purpose.
- You agree that you are solely responsible for (and that the Site has no responsibility to you or to any third party for) any breach of your obligations under these terms
and for the consequences(including any loss or damage which the Site may suffer) of any such breach.
D. Your password
- You agree and understand that you are responsible for maintaining the confidentiality of any passwords associated with any account you use to access the Site and it services.
- Accordingly, you agree that you will be solely responsible to the Site for all activities that occur under your account.
- If you become aware of any unauthorised use of your password or of your account, you agree to notify the Site immediately at
security@rentview.com.
E. Privacy and your personal information
- You acknowledge that the normal usage by the Site or the Company of your personal information shall be consider "fair usage" under the Data Protection Acts 1988 and 2003
and the regulations made thereunder.
- The Site operates as a portal for the monitoring of rental properties, collection of rents and collation of information on Agents, Landlords and Tenants using or being
subject to or of the Services. From time to time the Site may be requested or required by law to assist with any inquiry or investigation concerning the authenticity, source,
origin or destination of any information or items displayed on it. As part of the co-operation required the Site will provide the relevant Authority or authorised party such
information as may be lawfully required including the identity of parties, properties, payments history, source or origin of payments, tax information etc, IP address all parties
connected to it, their names and addresses. By your acceptance of these terms and conditions (and such alterations and changes as may be made from time to time) and for the purposes
of the Data Protection Acts 1988 and 2003 (and the Regulations) you agree and authorise the use of your personal information for this purpose.
- From time to time the Company may agree for the provision or sharing of any information or items displayed on it or recorded through it on a commercial basis with third parties.
The Company shall be authorised to provide the relevant third party such information as may be required including the identity of parties, properties, payments history, source or origin
of payments, tax information etc, IP address all parties connected to it, their names and addresses. By your acceptance of these terms and conditions (and such alterations and changes
as may be made from time to time) and for the purposes of the Data Protection Acts 1988 and 2003 (and the Regulations) you agree and authorise the use of your personal information
for this purpose.
- You agree to the use of your data in accordance with the Site’s privacy policies.
F. Use of Material and Content
- The content of the Site not provided by parties to it, its text, graphics, images and software other material (called "the Material") are protected by copyright pursuant to Irish and European Union
copyright laws and international conventions. The owner of the copyrights and trademarks is the Company.
- You are prohibited from modifying, publishing, transmitting, selling, participating in the transfer or sale or reproducing, creating derivative works from, distributing, performing, displaying or
in any way exploiting any of the materials on this site or the software or materials relating thereto in whole or in part. In particular, the use of the Material on any other web site or in a
networked computer environment for any purpose is prohibited.
- You may view, print and download a single copy of the material on the Site solely for your personal, non-commercial use provided that you agree not to change or delete any copyright or proprietary
notices from the materials. You must retain all copyright, trademark and other proprietary notices contained in the original Material on any copy you make of the Material.
- Unauthorised use of the Material may violate copyright, trademark and other laws.
- If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material and further the Site
reserves the right to discontinue your use and access to any of the products or services listed.
- You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access
to as part of, or through your use of, the services of the Site (except for those items provided by the Site itself) are the sole responsibility of the person or corporate body from which such
content originated. All such information is referred to below as the "Content".
- You should be aware that Content presented to you as part of the services provided by the Site, including but not limited to advertisements and sponsored Content within the Site may be protected
by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to the Site (or by other persons or companies on their behalf). You may not modify, rent, lease,
loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by the owners of that Content, in a
separate agreement.
- The Site reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any service it provides. For some of the services,
the Site may provide tools to filter out explicit sexual content. In addition, there are commercially available services and software to limit access to material that suppliers and users may find
objectionable.
- You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Material,
Content or services provided by the Site.
- Unless you have been expressly authorised to do so in writing, you agree that in using the services of the Site, you will not use any trade mark, service mark, trade name, logo of any company
or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.
G. Liability
- The Material may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the
results to be obtained from using the Site and the Material. In particular The Company makes no warranties or representations as to the accuracy, reliability or quality of any information,
descriptions, usernames, landlords, property address, agents, names, business, tenant information or any information provided by third party users in connection with the Services made available
from or through the Site. The use of the Site and the Material is entirely at your own risk. Changes are periodically made to the Site and may be made at any time without notice.
- The Company shall not be liable, and shall not otherwise be deemed to be in breach of this Agreement, for any failure to perform (or delay in performing) any of its obligations hereunder
caused by circumstances beyond its reasonable control.
- The Company does not warrant that the site will operate error-free or that the site and its server are free of computer viruses and other harmful elements. If your use of the site or the
material results in the need for servicing or replacing equipment or data, The Company assumes no responsibility whatsoever for those costs.
- The site and material are provided on an "as is" and "as available" basis without any warranties of any kind. The Company and its suppliers, to the fullest extent permitted by law, disclaim
all conditions and warranties, express or implied including, without limitation, any warranty or terms of merchantability, non-infringement of third parties rights, and any warranty of fitness
for particular purpose. The Company and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics or links.
H. Licenses from the site
- Where the Site uses original software for the purposes of the provision of its services, it gives you gives you a personal, worldwide, royalty-free, non-assignable and non- exclusive licence
to use the software provided to you as part of the services provided (referred to as the "Software" below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of
the services provided by the Site, in the manner permitted by the Terms.
- You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or
any part thereof, unless this is expressly permitted or required by law.
- You may not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
- Sometimes when you use the Site, you may (as a result of, or through your use of its services) use a service or download a piece of software, which is provided by another person or company.
Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship
with these other companies or individuals.
- You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give the
Site perpetual, irrevocable, worldwide, royalty-free, and non- exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content
which you submit, post or display on or through, the Site. This licence is for the sole purpose of enabling the Site to display, distribute and promote the Site and/or the services it provides
and to sub-licence such rights through multiple tiers of sub-licenses.
- You agree that this licence includes a right for the Site to make such Content available to other companies, organisations or individuals with whom the Site has relationships for the provision
of syndicated services, and to use such Content in connection with the provision of those services.
- You understand that the Site, in performing the required technical steps to provide its services to our users, may (a) transmit or distribute your Content over various public networks and
in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media.
You agree that this licence shall permit the Site to take these actions.
- You confirm and warrant to the Site that you have all the rights, power and authority necessary to grant the above licence.
- As a User, you are responsible for your own communications and are responsible for the consequences of their posting.
- You must not do the following things:
- post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it.
- post material in circumstances that breach the criminal law of the laws of Data Protection and legislation enacted relating thereto.
- post material that reveals trade secrets, unless you own them or have the permission of the owner.
- post material that infringes on any intellectual property rights of others or on the privacy or publicity rights of others.
- post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity.
- post a sexually-explicit image.
- post advertisements or solicitations of business; or
- impersonate another person or entity.
- You agree not to use the Site or use or cause or permit any Material or Content to be used:
- so as to jeopardise or prejudice the operation, quality or integrity of the Site or any other use which might be deemed by The Company to be harmful to the business of
The Company , its reputation or the commercial exploitation of the Site.
- for any commercial purpose including any surveys, contests or pyramid schemes, nor to use a Service to participate in or cause others to participate in sending chain
letters, junk e-mail, spam, duplicative or unsolicited messages, advertising or promotional material
- to harvest or otherwise collect by any means any material or information (including without limitation email addresses or details of rings) from the Site otherwise than
as authorised in this Agreement or to monitor, mirror or copy any material without the prior written consent of The Company
- to distribute, download, upload or transmit any material which contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious program
- contrary to the terms and conditions of any Internet Service Provider whose services you may use.
I. Software updates
- The Software which you use may automatically download and install updates from time to time from the Site. These updates are designed to improve, enhance and further develop the services of
the site and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit the Company to deliver these to
you) as part of your use of the Services.
J. Disclaimer of consequential damages
- In no event shall the Company, its supplier, or any third parties mentioned at the site be liable for any damages whatsoever (including, without limitation, incidental, special and consequential
damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the site and the material, whether based on statute, contract, tort,
or any other legal cause, and whether or not the Company is advised of the possibility of such damages.
K. Links to and from other websites
- The Company does not represent or guarantee the truthfulness, accuracy, or reliability of any of communications posted by other Users or endorses any opinions expressed by Users. You acknowledge
that any reliance on material posted by other Users will be at your own risk.
- The Company does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. If notified by a User of communications which allegedly do not
conform to this Agreement, The Company may investigate the allegation and determine in good faith and at its sole discretion whether to remove or request the removal of the communication. Each User
hereby agrees that any such action taken by The Company will not be challenged by User. The Company has no liability or responsibility to Users for performance or non-performance of such activities.
The Company reserves the right to expel Users and prevent their further access to the Site for violating this Agreement or the law and the right to remove communications which are abusive, illegal,
or disruptive or which The Company otherwise deems to be in breach of these Terms and Conditions of Use.
L. Limitation of liability
- Unless otherwise expressly provided in a Software Licence or Legal Notice, the aggregate liability of The Company to you for all claims arising from the use of the Site or Material (including
Software) or any Content is limited to €1.00 and you acknowledge that this is a genuine pre-estimate of any loss you might suffer as a result of such a claim.
M. Indemnity
- You agree to defend, indemnify, and hold harmless The Company , its officers, directors, employees and jewellers, from and against any claims, actions or demands, including without limitation
reasonable legal and accounting fees, alleging or resulting whether directly or indirectly from your use of the Site or Material (including Software) or your breach of the terms of this Agreement.
The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
N. Export control
- You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Materials.
O. Third party sites
- Any disputes or questions relating to materials, products, services or merchandise from linked sites or fulfilment or delivery thereof and the quality, suitability and fitness
for purpose of such Materials should be directed to the relevant third party website and you acknowledge that The Company shall have no responsibility, obligation or liability whatsoever
in relation to such Materials.
P. Termination
The Terms will continue to apply until terminated by either you or the Site as set out below.
- If you want to terminate your legal agreement with the Company, you may do so by (a) notifying the Site at any time and (b) closing your accounts for all of the services which you use,
where the Site has made this option available to you. Your notice should be sent, in writing, to the Site address which is set out at the beginning of these Terms.
- The Site may at any time, terminate its legal agreement with you if:
- As a subscriber you have not paid your licence fee for a period of more than 30 days from the date payments fall due. The Company shall be authorised to suspend the Services to you
until receipt of payment(s) due to it.
- you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
- The Site is required to do so by law (for example, where the provision of the services to you is, or becomes, unlawful); or
- the partner with whom the Site offers or may at any time offer the services to you has terminated its relationship with the site or ceased to offer services to you; or
- the Site is transitioning to no longer providing the services to users in the country in which you are resident or from which you use the service; or
- the provision of the services to you by the Site is, in the Site’s opinion, no longer commercially viable
- When these Terms come to an end, all of the legal rights, obligations and liabilities that you and the Site have benefited from, been subject to (or which have accrued over time whilst
the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraphs F, G, H and I above shall continue to
apply to such rights, obligations and liabilities indefinitely.
Q. General
- The Site is controlled by The Company from its location within Ireland. The Company makes no representation that Materials are appropriate or available for use in other locations, and access
to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance
with applicable local laws.
- Any disputes, claims or proceedings arising out of or in any way relating to the Materials or the Site shall be governed by the laws of Ireland. The Irish Courts shall have exclusive jurisdiction
for the purpose of any proceedings arising out of or in any way relating to the Materials or the Site. Without prejudice to the foregoing, The Company may seek provisional or protective relief in the
courts of another State prior to, during or after any substantive proceedings have been instituted in Ireland and The Company may bring enforcement proceedings in another state on foot of an Irish
judgement.
- If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions
of this Agreement, which shall remain in full force and effect.
- No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
- Any changes to this Agreement will be posted on the Site and will take immediate effect.
- You agree that if the Site does not exercise or enforce any legal right or remedy which is contained in these terms and conditions (including such changes as may be made from time to time)
(or which The Site has the benefit of under any applicable law), this will not be taken to be a formal waiver of the Site’s rights and that those rights or remedies will still be available to
the Site.
- The Company may at any time and without liability modify, suspend or discontinue the Site or any Materials (or any part or specification thereof), with or without notice, for any valid technical,
operational or commercial reasons.
- You acknowledge and agree that each member of the group of companies of which the Site is now or at any time in the future the parent or a subsidiary, shall be third party beneficiaries to these
terms and conditions (and as may be changed from time to time) and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these terms and conditions which
confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third party beneficiaries to the terms.
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