1. Introduction. You agree to the following Native Residential Ltd, (“Native” or “The Company” or “we” or “us” or “our”) Terms and Conditions, in their entirety, when you access or use our websites, portals, mobile applications, and domains operated under the Native brand, namely the Sites’ products, services and various interactive features including applications submitted in connection with leasing rental properties (collectively, the “Services”) and consent. Native Residential Ltd’s registered office is United House, 9 Pembridge Road, London, W11 3JY. We are registered in England & Wales under company number: 07730104.
2. Scope. These Terms and Conditions “the Agreement” are complemented by yet are independent of Native Residential’s Privacy Policy and Data Retention Policy. These Terms and Conditions do not include any tenancy agreement which may entered into between you and Native Residential, whether using the Site or not. Please review these Terms and Conditions carefully.
3. Modification. The Terms and Conditions can be updated by Native at any time without prior notice. The latest Agreement will be posted on the Sites, and you should review the Agreement prior to using the Sites and/or Services. By your continued use of the Sites and/or Services, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement and in effect at that time.
4. Disclaimers. The Services and/or the Sites may contain Content provided directly by other third parties, and not Native Residential Ltd. Such Content and/or other information should not necessarily be relied upon. Those third parties are solely responsible for the accuracy, completeness, appropriateness or usefulness of such materials. Native Residential Ltd does not represent or warrant that the Content made available by and through the Services and/or the Sites is/are accurate, complete or appropriate. To the extent permissible by applicable law, you understand and agree that Native Residential Ltd will not be responsible for, and Native Residential Ltd undertakes no responsibility to monitor, or otherwise police, such Content. To the extent permissible by applicable law, you agree that Native Residential Ltd shall have no obligation and incur no liability to you in connection with any such Content made available by and through the Services and/or the Sites by third parties.
5. Payment. You may be required to make payments via a third party for the use of some of the Services, such as the payment of a Reservation or Holding Fee. You can make payments by providing your credit or debit card or other banking information to Stripe Payments Europe Limited or Sage Pay Europe Limited (now Elavon Digital, trading as Opayo). By using either of these payment services to make any payment, you are agreeing to comply with their terms and conditions.
Native Residential Ltd may change its billing provisions whenever necessary, in its sole discretion. Continued use of the Services shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the billing provisions shall not apply to any charges incurred prior to the applicable amendment or modification.
6. Cancellation of Account / Dormant Accounts. You may cancel your Account at any time if you are not completely satisfied, by using the cancellation methods provided on the Sites. Upon any termination and/or cancellation of your subscription, your licence grant and right to use the Content, as set forth in Section 8 below, shall immediately terminate.
7. Licence Grant. As a User of the Sites, you are granted a non-exclusive, non-transferable, revocable and limited licence to access and use the Content in accordance with the Agreement. Native Residential Ltd may terminate this licence at any time for any reason. Unless otherwise expressly authorised by Native Residential Ltd, you may only use the Content for your own personal, non-commercial use. No part of the Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Content and/or any portion thereof. You may not create any “derivative works” by altering any aspect of the Content. You may not use the Content in conjunction with any other third-party content. You may not exploit any aspect of the Content for any commercial purposes not expressly permitted by Native Residential Ltd.
8. Proprietary Rights. All Sites are the property of Native Residential Ltd, including www.native-residential.com. All Content is owned or licensed by or to Native Residential Ltd and is protected under applicable copyright, trademark and other proprietary (including, but not limited to, intellectual property) rights. Certain parts of the Content, for example the personal information you provide in applications, will be personal data within the meaning of local data protection legislation. Native Residential Ltd will process the personal data it collects from you in accordance with the relevant data protection legislation, and with the purposes set out in and the terms of the Privacy Policy. You have certain rights of access in respect of your own personal data, which are further detailed in the Privacy Policy. Except as expressly provided in the Agreement or as required by law, no part of the Content may be reproduced, retransmitted, sold, rented, distributed, published, uploaded, posted, publicly displayed, altered to make new works, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without the prior written consent of Native Residential Ltd. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity or trademarks with respect to any of the Content. The posting of information or material at the Sites by Native Residential Ltd does not constitute a waiver of any right in or to such information and/or materials. Native Residential Ltd reserves all rights not expressly granted hereunder. The Native Residential Ltd name and logo are trademarks of our licensor, Native Holdings Ltd. All custom graphics, icons, copyright, trademarks and trade names are the property of their respective owners. The use of any Native Residential Ltd trademark without Native Residential Ltd’s express written consent is strictly prohibited.
9. Disclaimer of Warranties.
9.1 Without prejudice to its obligations under the Consumer Rights Act 2015, Native Residential Ltd makes no warranty that the Sites, Services and/or Content: (a) will meet your requirements; (b) will be uninterrupted, timely, secure, error-free or that defects will be corrected; (c) will be free of viruses or other harmful components; (d) will have security methods employed that will be sufficient against interference with your enjoyment of same, or against infringement; (e) will be compatible with any hardware and software which you may use and/or (f) will be accurate or reliable. The Sites, Services and/or Content may contain bugs, errors, problems or other limitations.
9.2 Native Residential Ltd will not be liable for the availability of the underlying internet connection associated with the Sites and/or Services.
9.3 No advice or information, whether oral or written, obtained by you from Native Residential Ltd or content providers shall create any warranty not expressly stated in the Agreement.
9.4 Except where permitted under clause 10, Native Residential Ltd will not be liable for any injury or damage to a user’s or any other person’s computer related to or resulting from participating or downloading any material on the Sites.
10. Limitation of Liability.
10.1 Native Residential Ltd shall not be liable to you or any third party for:(a) any indirect, or consequential losses;(b) any loss of profits, goodwill, use, data or other intangible losses for: (i) the use or the inability to use the Sites, Services and/or Content, including any interruptions or delays; or (ii) the unauthorised access to, or alteration of, your Registration Data.
10.2 The limitation in clause 10.1 applies to all causes of action, in the aggregate including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentations and any and all other torts.
10.3 Nothing in these Terms of Use limits or excludes liability for death or personal injury caused by the negligence of Native Residential Ltd, fraud or fraudulent misrepresentation or for any liability which cannot be limited or excluded by law.
10.4 You may have other rights granted by law, and these Terms of Use do not affect these except if the two are inconsistent. If this is the case then these Terms of Use will override any other rights which you may have, unless this is not permitted by law.
10.5 Except in respect of liability which cannot be limited or excluded (as set out above), the total aggregate liability of Native Residential Ltd to you is limited to the amount of £100.
11. Legal Warning. If you bypass or disable any portion of the Services, Sites or associated software including, without limitation, the operation of Native Residential Ltd systems, or you attempt to circumvent or tamper with Native Residential Ltd billing methods in any way, or otherwise using the Site for any unlawful purpose, you are in violation of the Agreement and Native Residential Ltd may suspend or terminate your Account without notice. Termination of your Account will not relieve you of any other liabilities that may result from your actions.
12. Third-Party Websites.
12. 1The Sites and/or Services may provide links to other Internet websites and/or resources, such as to a third party credit reference agency, a payment service provider or a tenant vetting service. Because Native Residential Ltd has no control over such third party websites and/or resources, you hereby acknowledge and agree that Native Residential Ltd is not responsible for the availability or contents of such third party websites and/or associated resources. Furthermore, Native Residential Ltd does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials available at or from such third party websites or resources, or for any damages and/or losses arising therefrom. By accessing and using that third party Internet websites and/or resources, you agree to comply with the terms and conditions of the relevant third party.
13. User Information. Except where expressly provided otherwise by us in the Agreement, and subject to the Native Residential Ltd Privacy Policy, all Content, information, Registration Data and/or materials that you submit through or in association with this Sites shall be considered non-confidential. By submitting such comments, Content, information, Registration Data or materials to us, you: (a) represent and warrant that Native Residential Ltd use of your submission does not and will not breach any agreement, violate any law or infringe upon any third party’s rights; (b) agree that Native Residential Ltd is free to use in any manner all or part of the content of any such communications on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; and (c) grant Native Residential Ltd all necessary rights, including a waiver of all copyright, trade-mark, privacy and moral rights, to use all Content, information, Registration Data and/or materials, in whole or in part, or as a derivative work, without any duty by Native Residential Ltd to anyone whatsoever.
14. Governing Law. The Agreement shall be shall be governed by and construed in accordance with the laws England and Wales and the parties submit to the exclusive jurisdiction of the English courts.
15. Disputes. If you have any complaint about this website or any of the goods or services we provide, you should contact Native Residential Complaints at complaints@native-residential.com and we will try and resolve it as soon as possible. However, if we have a dispute regarding your use of the website or these terms and conditions, the courts will use English law to determine that dispute. If you wish to take legal action against us, as we are a UK company you should do so in the English courts only.
16. Miscellaneous. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and Native Residential Ltd and it governs your use of the Services and Sites. To the extent that anything in or associated with the Sites and/or Services is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence. Native Residential Ltd’s failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
17. Notice. Native Residential Ltd may deliver notice to you under these Terms of Use by means of electronic mail or a general notice on the Sites.
18. Contact Us. If you have any questions about the Agreement or the practices of Native Residential Ltd please feel free to contact us at dataprotection@native-residential.com