Terms of Service
Welcome to The thebla.co.uk Limited trading as British Landlords Association also known as “The BLA”. Us, We and our means the “The BLA” The BLA provide their services and products to you, subject to the following conditions. When using a particular BLA service or products, you and we shall be subject to any posted guidelines or rules applicable to such service or products. All users, members and non members, are subject to these Terms of Service. If additional or different guidelines or rules apply to a particular service or products and those guidelines or rules are inconsistent with these Terms of Service (ToS) those guidelines or rules shall prevail over these Terms of Service.
YOU ARE BOUND BY THESE TERMS OF SERVICE AND ANY APPLICABLE GUIDELINES OR RULES WHETHER OR NOT YOU HAVE READ THEM. YOUR ATTENTION IS DRAWN TO THE DISCLAIMER AND USERS RESPONSIBILITY SECTIONS AT PARAGRAPH 5, 6 AND 7 BELOW. WHERE THE BLA IS AN INTRODUCER TO SERVICES PROVIDED BY A THIRD PARTY THE PROVISIONS OF PARAGRAPHS 25 AND 26 BELOW APPLY. YOUR ATTENTION IS DRAWN TO THESE. THE BLA DISCLAIM ANY RESPONSIBILITY IN THIS SITUATION.
DESCRIPTION OF SERVICE
1 BLA provides users with access to online and other products and services. Unless explicitly stated otherwise, any new features that augments or enhances the current services or products, including the release of new BLA products or services, shall be subject to these Terms of Service (TOS) and any particular posted guidelines or rules applicable to the relevant products or service.
2 Membership with the BLA is totally. It is the intention to keep the membership free, however in the future The BLA reserves the right to charge for its membership. Existing BLA members shall continue to have the benefit of their Free BLA membership for a full term of a year.
2 You understand and agree that BLA assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
3 BLA only operates in England, Wales & Scotland; not elsewhere. We can only provide services relating to property located in England, Wales and Scotland. If your property is located elsewhere it is your responsibility to notify us.
TRADEMARK AND COPYRIGHT NOTICES
1 The name The BLA and all other BLA logos, names and services referred to by BLA are trademarks of BLA. All rights are reserved.
2 In order to use the services, where applicable you must obtain access to the World Wide Web, either directly or through devices that access Web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
YOUR REGISTRATION OBLIGATIONS
1 In consideration of your use of BLA’s services or products, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any registration or similar form or other request (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or BLA has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, BLA has the right to suspend or terminate your account and refuse any and all current or future use of BLA’s services or products (or any portion of them).
MEMBER ACCOUNTS AND SECURITY
1 When you use any BLA online service, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. When you visit BLA on-line services or send e-mails to us, you are communicating with us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications should be in writing. You must comply with all instructions and guidelines notified to you.
DISCLAIMER OF LIABILITY AND EXCLUSION OF WARRANTIES – IMPORTANT
1 You expressly understand and agree that:
2 This site and all BLA services or products are provided by BLA on as “as is” and “as available” basis. BLA makes no representations or warranties of any kind, express of implied, as to the operation of this site or any other service or products provided to you or the information, content, materials, or products included on this site or otherwise provided to you or their correctness or accuracy. You expressly agree that your use of this site or any service or products is at your sole risk.
3 BLA makes no warranty that (i) BLA’s services or products will meet your requirements, (ii) BLA’s services or products will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of BLA’s services or products will be accurate or reliable, (iv) the quality of any products, or any services, information, or other material obtained by you through BLA’s services will meet your expectations, or that (v) any errors in the software will be corrected.
4 To the full extent permissible by applicable law, BLA disclaims all warranties, express or implied, including, but not limited to, implied warranties or satisfactory quality and fitness for a particular purpose, compatibility, security and accuracy. BLA does not warrant that this site, it’s servers, or e-mail sent from BLA are free of viruses or other harmful components or that it will be uninterrupted or error free or that any defects will be corrected. We accept no liability for hacking or any virus or contamination or attack.
5 You expressly understand and agree that BLA shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, business, goodwill, use, data, or other intangible losses (even if BLA has been advised of the possibility of such damages), resulting from: (i) the use or inability to use BLA’s services or products; (ii) the cost of procurement or substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into, through or from BLA’s services or products; (iii) unauthorised access to alteration of your transmissions or data; (iv) statements or conduct of any third party on BLA’s services or products; or (v) any other matter relating to BLA’s service.
6 Nothing in this Clause will limit or exclude liability for fraud or death or personal injury caused by our negligence.
USER RESPONSIBILITY – IMPORTANT
1 Due to the nature of the services or products provided the BLA can only give general information guidance and advice. The BLA cannot be aware of the individual circumstances applicable to any user or the circumstances surrounding any property belonging to or under the control or management of any user. Users should obtain and rely on appropriate advice from a qualified professional persons relating to their specific circumstances. You attention is drawn to the disclaimer of liability/exclusion of warranties in the preceding paragraph of the TOS.
2 In particular, individual local authorities and other statutory bodies are the enforcing authorities for various legislative provisions which will apply to users. Information regarding their standards, practice and procedures as well as their interpretation and application of legislation (which may vary between authorities/bodies) should be obtained from the particular authority/body
SUPPLY OF DOWNLOADABLE DOCUMENTS
1 This Paragraph applies where the services or products provided are the supply of – documents in whatever format whether or not payment is made. Where payment is made and the supply is by us specific guidelines and rules also apply
2 BLA reserve the right to cancel any order/request for provision of documents if:
3 BLA encounters technical problems in sending you the documents
4 The document requested is no longer available
If BLA do cancel your order/request BLA will notify you by email. BLA will not be obliged to offer any compensation including compensation for disappointment suffered (other than to refund any payment made by you).
5 BLA will deliver the documents to the e-mail address supplied by you at the point of ordering the documents. You may want to check your spam/junk box if you have not received your documents when expected.
6 Delivery of the documents will be made as soon as possible after your order is accepted and in any event within 10 days of your order subject to availability.
7 If the documents BLA deliver are not what you ordered, damaged or defective or is of incorrect quantity, BLA shall have no liability unless payment is made in which case BLA shall have no liability to you unless you notify BLA in writing at our contact address of the problem within 5 working days of the delivery of the documents in question.
8 If you do not receive the documents ordered by you within 10 days of the date on which you ordered them you must notify BLA in writing at our contact address of the problem within 21 days of the date on which you ordered the documents but BLA shall be under no liability unless the documents are paid for;-
- If you notify a problem to BLA under this condition BLA’s only obligation will be at your option:
- to make good any shortage of the documents or non-delivery
- to replace documents that are damaged or defective
9 In any event BLA shall have no liability to pay any money to you by way of compensation for any breach of the terms contained in this Paragraph other than to refund to you the amount paid by you for the documents in question (if any).
10 BLA do not guarantee the accuracy, timeliness, completeness, performance or fitness for a particular purpose of the content supplied in the documents. It is your responsibility to select the correct documents for your needs. You should take legal advice or other appropriate professional advice regarding this if you are uncertain. Likewise, completion of any blanks or alternatives is entirely your responsibility and, again, if need be you should take your own legal advice. BLA cannot accept any responsibility or liability if the wrong document or content is used or if any information which is inserted is incorrect.
11 BLA has tried to ensure that all the content provided in the documents is correct at the time of publication. The content is provided in the documents on an information basis only and should not be relied upon. No responsibility is accepted by or on behalf of BLA for any errors, omissions or misleading content in the documents.
1 You understand that all information, data, text, charts, tables, software, video, music, sound, graphics, photographs, illustrations, artwork, names, logos, trade marks, service marks or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not BLA, are entirely responsible for all Content that you post, e-mail, give or otherwise transmit via BLA’s services. BLA does not control the Content posted by you or any third party via BLA’s online services and, as such, does not guarantee the accuracy, integrity, or quality of such Content. Under no circumstances will BLA be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, given or otherwise transmitted by you or any third party via BLA’s services.
2 You acknowledge and agree that BLA may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third- parties; or (d) protect the rights, property, or personal safety of BLA, its users, and the public. Content may be deleted or modified by the BLA in its discretion.
3 You understand that the technical processing and transmission of BLA’s on line services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
4 Any Content provided by you must not be defamatory, offensive, obscene or otherwise objectionable. It must not be in breach of any copyright or other Intellectual property rights. It must comply with all legal requirements.
OWNERSHIP AND USER OF CONTENT
1 All rights in any Content supplied by the BLA belong to the BLA or the person by whom such content has been provided to the BLA. It is your responsibility to update/correct any Content which is in inaccurate, misleading or out of date. You may retrieve and display Content from the BLA on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to a network) for your own personal use or for one in connection with your business of owning letting or managing rented residential accommodation. Content may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any other way.
2 You agree not to adapt, alter or create a derivative work from any of the Content supplied by us or display it in a different format or manner or to use it for any purpose other than for your personal use or for use in connection with your business of owning letting or managing rented residential accommodation.
3 Any Content or BLA service must only be used in accordance with all applicable law and regulations and in particular (without prejudice to the generality of these provisions) the Data Protection legislation and regulations.
4 Where any Content is subject to third party rights any applicable notices or logos must be retained. In such case any content must not be copied or used without the permission of the Owner.
PUBLIC CONTENT POSTED TO BLA
1 With respect to all Content you elect to post, upload, input, provide, or submit to BLA’s services, you grant BLA the royalty-free, perpetual, irrevocable, non-exclusive, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
NO RESALE OF SERVICE ETC
1 You agree not to re-sell transfer or reproduce, distribute, disclose, duplicate, or copy any portion of BLA’s services or products, use of BLA’s services or products or access to BLA’s services or products.
2 You will not assign, sub-licence or otherwise transfer your right under these Terms.
MODIFICATIONS TO SERVICE
1 BLA reserves the right at any time to modify or discontinue, temporarily or permanently, BLA’s services or products (or any part thereof), with or without notice. You agree that BLA shall not be liable to you or to any third party for any modification, suspension, or discontinuance of BLA’s services or products.
1 BLA reserves the right to change the amount of, or basis for determining, any fees or charges for any BLA service or products, and to institute new fees or charges effective upon prior notice, by posting such changes on BLA site. Any payment due must be made at the time and in the manner specified. VAT may be charged in addition.
1 If you are not a member of the BLA you agree that BLA, in its sole discretion, may terminate your account (or any part thereof) or use of BLA’s services or products, and remove and discard any Content within BLA’s services or products, for any reason. You agree that any termination of your access to BLA’s services or products may be effected without prior notice, and acknowledge and agree that BLA may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or BLA’s services or products.
2 If you are a member of the BLA the BLA may exercise the rights in 14.1 for good reason or if you breach these TOS or any other applicable posted guidelines and rules.
3 You agree that BLA shall not be liable to you or any third party for any termination of your access to BLA’s services or products where permitted under this paragraph.
BLA’S PROPRIETARY RIGHTS
1 You acknowledge and agree that BLA’s services and any necessary software used in connection with BLA’s online services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through BLA’s services or products is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You must not breach these.
CHANGES TO THE TERMS OF SERVICE
1 The BLA reserves the right, to make changes to any parts of the documents or these TOS or the guidelines and rules applicable to any particular service or products. When this occurs details of the amendments will be published on the BLA website. Your continued use of the BLA website is taken as your agreement to be bound by these TOS or the guidelines and rules as amended.
1 These TOS and any guidelines and rules applicable to a particular service shall be governed by and construed in accordance with English Law and subject to the exclusive jurisdiction of the English Courts.
1 If these TOS or any guidelines and rules applicable to a particular service or any part of them should be determined to be illegal, invalid or otherwise unenforceable under the laws of any state or country in which these TOS and guidelines and rules are intended to be effective, then to the extent that they are so illegal, invalid or unenforceable, they shall in that state or country be treated as severed and deleted from these TOS and any guidelines and rules and the remaining TOS and any guidelines and rules shall survive and remain in full force and effect and continue to be binding and enforceable in that state or country.
CONFLICT WITH OTHER AGREEMENTS
1 If there is any conflict between these ToS and any other written agreement between you and us then the latter shall prevail.
EVENTS BEYOND OUR CONTROL
1 The BLA will not be responsible for any breach of these TOS or any guidelines and rules applicable to a particular service or products caused by circumstances beyond its reasonable control.
THIRD PARTY RIGHTS
1 A person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act
1 You will indemnity us against all actions costs claims demands and liabilities arising directly or indirectly out of any claim by or liability to any third party against us arising out of or connected with your use of any BLA service or products or content
THIRD PARTY TERMS AND CONDITIONS
1 When any BLA service or products are provided to the BLA by a third party (“the Provider”) in order to enable the service or products to be provided to you the service is subject to the Provider’s posted terms and conditions so far as applicable. Where there is any conflict between the Terms of Service of any Provider and ourselves then the BLA’s ToS or other rules and guidelines shall prevail.
2 You agree not to do anything which is a breach of the Provider’s terms and conditions where they are posted on the BLA website.
3 Paragraph 24 (Indemnity) also applies if there is any claim against us arising out of any breach of any of the Provider’s terms and conditions.
THE BLA AS AN INTRODUCER
1 Where any services or products are provided by a third party this will be indicated online or in other documentation provided relating to the particular service or products involved. In such a case any order is given to the Provider and any contract is between you and the Provider. The BLA is not a party to such a contract. In such a situation the BLA acts purely as an introducer. We are NOT acting as Agent for either you or for the Provider.
2 The BLA is not in any way liable to you under or in respect of any contract between you and the Provider. The BLA accepts no liability whatsoever or responsibility for any act, omission, failure or breach of contract on the part of the Provider or anyone else acting on behalf of the Provider and all such liability is disclaimed.
BLA HELPLINE GUIDANCE AND CONDITIONS OF USE
- It is the user’s responsibility to furnish accurate and complete information – see paragraph 3 of the BLA’s Terms and Guidance of Service which apply.
- The Helpline can only give general advice on the basis of the verbal information furnished by the user. This is not to be treated as legal advice. Helpline advisors are not solicitors or other similar legal professionals. The Helpline does not consider documentation or correspondence which may be relevant. The Helpline can, therefore, only give the best practical advice possible on the verbal information available to the Helpline adviser. Liability for any advice given or not given is disclaimed altogether but insofar as the BLA is liable at all in respect of any advice given or not given to you by the Helpline if there is any liability on the part of the BLA it is confined to its accuracy based on the information given by you to the Helpline Adviser. You may, therefore, wish to obtain and rely on advice from an appropriate professionally qualified legal adviser such as a Solicitor who will be able to review the whole case including relevant documentation. You must therefore not rely on the advice given by the Helpline Adviser as necessarily being accurate and complete because the Helpline may not have the relevant information and, in particular, will not have seen documents and correspondence which may be needed to give full advice to you.
- Without prejudice to Paragraph 2 the BLA disclaims liability for advice given or not given in any event. Your attention is drawn to paragraphs 5 (Disclaimer of liability and exclusion of warranties) and 6 (users responsibility) of the BLA ToS.
- The Helpline advice is only given in respect of tenancies of residential accommodation located in England and Wales. Advice is also given on statutory and contractual requirements imposed on landlords of residential accommodation in England and Wales.
- The Helpline does not –
- give advice on long leasehold properties (e.g. flats). We refer users to the Leasehold Advisory Service, the First Tier Tribunal or other appropriate advice agencies.
- give any specific advice in relation to claims (including small claims) or the enforcement of judgments or Court orders. This is as a result of the potential complexity of such cases and the need to consider the relevant documentation and correspondence, which we are not able to undertake. We do inform users of training courses operated by the BLA on these topics. We will point out the availability of the pre-action protocol in relation to small claims, moneyclaim.gov and also that they can request enforcement literature/leaflets from the Court Service.
- give detailed help on disputes between landlords and their agents.
- Additionally, the Helpline will not –
- create tenancy clauses/agreements.
- advise in any way in relation to commercial tenancies.
- advise on conveyancing matters, rights, easements, covenants or the transfer of properties.
- give advice on town and country planning. You will be referred to the local authority or available BLA advice on the BLA website.
- advise on environmental health of housing statements or fire regulations and resulting requirements both because of their complexity and the variations between different local authorities and Fire and Rescue Services. You should take advice from the local environmental health officer/Fire and Rescue Service.
- give advice regarding appeals to any Court or Tribunal. You should contact the Court or Tribunal Office for further information.
- All calls to the Helpline are recorded. Recordings are made for training purposes and to enable the BLA to monitor advice given.
- Subject to the above the ToS apply to the Helpline and your attention is drawn to these
GUIDELINES AND RULES APPLICABLE TO CREDIT OR SIMILAR SEARCHES
IMPORTANT YOUR ATTENTION IS DRAWN TO THE LIMITATIONS ON LIABILITY SET OUT IN CLAUSES 13 and 14 BELOW IN PARTICULAR ALL LIABILITY IS EXCLUDED FOR CONSEQUENTIAL LOSSES SUCH AS LOSS OF PROFIT OR RENT. OVERALL, EVEN WHERE THE BRITISH LANDLORDS ASSOCIATION OR THE 3RD PARTY PROVIDER IS LIABLE FOR ANY DIRECT LOSS THEN ANY SUCH CLAIMS ARE LIMITED TO WHICHEVER IS THE GREATER OF £75 OR FIVE TIMES THE FEE PAID WHEN THE SERVICE IS USED
IF YOU ARE AN AGENT YOUR ATTENTION IS DRAWN TO CLAUSE 12
- The Contract
2 The Contract is between us, the 3rd party provider and you;-
1 These Terms apply to the services which you access via the credit search section of the BLA website and these terms are the guidelines and rules applicable to the particular services provided to you.
2 Our acceptance of your order brings into existence a legally binding contract between us on the terms set out below. The contract you enter into is between you and BLAAS.
The prices payable for the services that you order are set out on the BLA website. We must receive payment of the whole of the price for the service supplied before your order can be accepted.
4 Cancellation of order
1 The 3rd party reserve the right to cancel your order if if your order / instructions encounters technical problems obtaining the information requested or in sending it to you, or for any other reason beyond our control the information is not available.
2 If we or the 3rd party do cancel your order we or the 3rd party will notify you by email and will recredit to your account any sum deducted by the 3rd party from your credit/debit card as soon as possible within 30 days of your order. The 3rd party will not be obliged to offer any additional compensation for losses or disappointment suffered.
- Delivery of Report
1 The 3rd party will deliver the report to your My BLA screen or to the email address supplied by you at the point of ordering, depending on the type of report ordered. You may want to check your spam/junk box if you have not received the report when expected if it is to be emailed to you.
2 Delivery of the report will be made to you as soon as possible after your order is accepted and in any event within 10 days of the date of your order, subject to availability.
- Providers Terms and Conditions
1 If A service IS provided by a 3rd party through the BLA obtain the report you have requested on your behalf from a third party provider, namely XXXX (“the Provider”).
- Terms of Service
1 BLA’s Terms of Service also apply to your order and this contract. If there is any inconsistency between the guidelines and the Terms of Service then these Rules and Guidelines shall prevail. Your attention is drawn to the Terms of Service.
The Terms of Service appear on this part of the site. Whether or not you read the Terms of Service your order and this contract is subject to the Terms of Service.
1 Initial procedures, security measures and procedures
2 You must, at all times, ensure that you maintain technical and organisational security measures and procedures to:
- ensure the security and confidentiality of any data provided to you
- protect against any anticipated threats or hazards to the security or integrity of such data
- protect against wrongful access to or use of such data
- dispose of the data in a secure manner in accordance with best industry practice and in accordance with the Provider’s security requirements as published from time to time and which form part of these guidelines and rules. Whether or not you read these security requirements you are bound by them.
3 Prior to you using the services you must complete any due diligence/implementation check list required by a Provider and provide any additional information or documents required as well as co-operating and assisting us to verify your identity and your business as well as any other matters which may be required by the Provider. You warrant that any information or documentation supplied to us for these purposes is accurate and complete as well as meeting any minimum standards, stipulated by the Provider.
4 You must inform us promptly in writing if for any reason you are unable (or unlikely to be unable) to comply with any obligation as specified in the due diligence and implementation procedures or any other obligations imposed on you under this agreement in relation to the use of the services.
1 Data protection and personal data
2 Before using this service you must first obtain the explicit consent of the person to whom your request for information relates prior to carrying out the search where that person has applied to rent a property. On request you must produce to us satisfactory evidence that such consent has been obtained.
3 You must at all times comply with all regulations and laws applicable to Data Protection and other applicable regulations and (without prejudice to the generality of this provision) you must ensure that:
- any use by you of data from the full electoral roll is for these purposes permitted under Regulation 114 of the Representation of the People (England and Wales) Regulations 2011
- you process personal data (as defined by Data Protection law) in accordance with data protection legislation and all applicable laws and requirements
- any data which contains personal data (for the purposes of Data Protection law) must be destroyed when it is no longer necessary for you to retain it
4 You must allow the Provider or ourselves, on reasonable notice, within all business hours, access to your premises and/or operations to audit your compliance with the provisions of these Guidelines and Rules.. We may request from you any information to order your compliance with the provisions of this clause and you must provide us with any such information on receipt of our written request and, in any event, within 7 days.
5 You must, at all times, implement and maintain information security standards in respect of any data.
6 You must comply with the BLA’s Data Protection requirements.
1 Your Obligations
2 You must only use the information provided to you for the purposes of vetting and assessing whether the person to whom it relates is suitable to rent a property owned by you or managed or let by you on behalf of a landlord prior to any tenancy agreement being entered into.
3 You must obtain explicit consent that the search footprint which is retained will read as having been made by BLA rather than you.
4 Any data provided to you must be kept confidential.
5 You must not, under any circumstances, sell, transfer, distribute or otherwise make any data provided to you available to any third party or use the data on behalf of any third party (except as expressly permitted in relation to an agent).
6 After the data has been used once in the vetting and assessment process it will not be accessed thereafter (other than for audit purposes).
7 You must not assign, transfer or otherwise make over this agreement without the prior written consent of the Provider.
8 You must not subcontract the performance of your obligations under these rules and guidelines or the terms of service (without the prior written consent of the Provider.
9 You must not do anything to render any data provided to you inaccurate or which in any way devalues the data or which places the BLA or the Provider in breach of their obligations under data protection legislation.
10 If required depending on the type of search result involved with it you must register with the Information Commissioner under the Data Protection Act.
11 Where the search result is provided in a read only format it must only be read by you on screen. It must not be copied in any way.
2 The Provider may enforce these rules and guidelines in accordance with the Contracts (Rights of Third Parties) Act 1999.
3 If you breach the Terms and Conditions then as provided by clauses 24 and 25 of the BLA Terms of Service you will indemnify BLA as appropriate against all actions, proceedings, losses, damages, costs, claims and demands and liabilities (including legal expenses) (“claims”) arising directly or indirectly out of or in connection with your use of this service. This extends to any claim made by the Provider or any person to whom any data relates or any person who has supplied such data. This also extends to any claims which a Provider may sustain or incur or which may be brought or established against any Provider by any third party including any breach of your obligations under Paragraph 8.2 or 8.3
1 Use by Agents
2 An Agent may use the service where acting on behalf of a landlord to let or manage a property where it is necessary to do so in order to vet or assess a prospective tenant who wishes to enter into a tenancy agreement with the landlord. An Agent only may do so strictly in accordance with these rules and guidelines and the BLA’s Terms of Service as well as provisions of this clause.
3 As required by licenses granted to the Provider as an Agent you must not under any circumstances pass over any information or data provided by you to the landlord or anyone acting on behalf of the landlord. Without prejudice to the generality hereof, you must not provide a copy whether in hard copy form or electronically (or in any other manner) to the landlord to anyone acting on behalf of a landlord.
4 You may only communicate to the landlord whether or not you consider that the information and data provided to you demonstrates that the prospective tenant is or is not suitable to take the tenancy. You may also devise your own scoring system (such as excellent, good, satisfactory or not satisfactory) to inform the landlord (or anyone acting on behalf of the landlord) of the outcome of the vetting and assessment of the information or data provided to you. Otherwise, no opinion or comment of any kind must be passed onto the landlord.
5 You must not read from any report supplied to you or in any other way communicate to the landlord the data or information received by you (whether in writing, electronically or orally).
2 By requesting this service you acknowledge and agree as follows:-
- Any information or data comprised within this service is based on information provided to the Provider by third parties over whom they have no control and
- Any data or information which is transferred over the internet may be subject to interference by third parties.
3 No warranty is given to you whether by the Provider or the BLA as to the accuracy of any data or information provided to you as a result of using this service.
4 The Provider, BLA make no representations to the suitability of the data information provided to you for any particular purpose. You are responsible solely for satisfying yourself that the information data is suitable for any use which you wish to put such information or data (to the extent that you are in any event allowed to use such information or data in accordance with these Terms and Conditions Guidelines and Rules).
5 You are recommended not to use the service as the sole basis for any business decision.
6 No Provider shall be liable to you for any direct consequential loss or damage arising out of or in connection with the use of this service or these rules and guidelines even if they have notice of the possibility of such loss.
7 No Provider shall not be liable for any loss of business, loss of profits, loss of anticipated sales, loss of reputation, loss of goodwill or business instructions or increasing bad debt or any loss incurred by any third party arising out of or in connection with this service even if they had notification of any such loss.
8 Your attention is drawn to paragraph 5.4 of the BLA Terms of Service which contains a similar disclaimer in relation to BLA and BLAAS and these Rules and Guidelines are subject to such disclaimer.
1 Limitation of liability
2 Without prejudice to any other provision either of these Rules and Guidelines or the BLA Terms of Service in the event of any liability including liability for any direct loss then such liability shall be limited to whichever is the greater of £75 or five times the fee payable by you on the occasion of the services used out of which any such liability may arise.
USE OF SOFTWARE
1 The BLA Property management software is free for all registered members. The BLA are not shall not be liable for any loss of data or documents stored on the BLA data base no matter how the loss of data occurred.
RIGHTS OF CANCELLATION UP TO 14 DAYS AND EXCEPTIONS TO CANCELLATION
1 STATUTORY RIGHT
Unless one of the exceptions listed below applies if you are a consumer but not in business you can cancel your order without giving any reason within 14 days from the day on which you or the third party acting for you (other than the carrier) receives the goods purchased (or last good, lot or piece if it relates to goods or multiple lots or pieces delivered separately) or from the day of the conclusion of the contract.
You must inform BLA of your decision to cancel your order. You may submit your request to cancel by contacting us, or using the form provided. To meet the cancellation deadline, it is sufficient for you to send your communication before the 14 day’s cancellation period has expired and return the item.
1 EFFECTS OF CANCELLATION
BLA will reimburse all payments received from you for the goods purchased and will also reimburse delivery charges for the least expensive type of delivery offered by us, in 14 days from the day on which we received the above communication. The BLA will use 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 such reimbursement. The BLA withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods. If reimbursement occurs after the maximum time period mentioned above, the amount due to you will as of right be increased.
You must send the goods back to the BLA no later than 14 days from the day on which you communicate your cancellation. You will have to bear the direct cost of returning these goods.