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Terms and Conditions
Who we are
We provide services to facilitate the advertising of properties by private landlords. Please note that we do not provide, own or lease any property ourselves and we do not act for any other lettings or real estate agency. Modernistestates.com is owned and operated by Modernist Estates Limited, a company registered in England and Wales under registration number 10745847. Our registered office is Kemp House 160 City Road, London EC1V 2NX
As a private landlord advertising a property via our Site, you agree you are responsible for all dealings (including but not limited to contracts, credit checks, references, deposits and tenancy agreements) between you and any person who is or may be your tenant or who agrees or may agree to act as a guarantor for a tenant or prospective tenant to you.
You also agree and warrant when we list a property on your behalf on this site that:
—you have the right to offer the property for rental and will not breach any law, agreement or contract by doing so (this includes the terms of any mortgage on the property, insurance, fire regulations, gas and electrical safety)
—the property has a valid Energy Performance Certificate (EPC)
—the property has a valid Gas Safety Certificate
—the property meets all Electrical Safety obligations
—you warrant that you have complied with the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 in respect of the property.
—protect your tenant’s deposit in a government-approved scheme
You warrant that you have the necessary authority to market any property which we Post on your behalf on this Site. You agree to notify us immediately if the property we have Posted on your behalf on this Site is no longer available by sending us an email firstname.lastname@example.org.
Tenant / Guarantor responsibilities
As a tenant or guarantor (or prospective tenant, guarantor or other browser), you agree you are responsible for all dealings between you and any landlord of any property advertised by us on behalf of a landlord through this Site.
The terms of the lease and/ or guarantees between you and them will govern the resolution of any issues between landlords, tenants, prospective tenants, guarantors or prospective guarantors for a tenant or any other person other than us. Prospective tenants, guarantors and other browsers of this Site are reminded to verify the accuracy of any Content with the relevant landlord.
To the fullest extent as permitted by law, Modernist Estates excludes all liability whatsoever for any loss or damage howsoever arising out of the use of this website or reliance upon the content of this website. Modernist Estates assumes no responsibility and shall not be liable for any damage to, or viruses which may infect, your computer equipment or other property by reason of your access to, browsing or use of this website.
In no event shall Modernist Estates be liable for any damages, losses, injuries or claims or any direct, indirect, incidental, consequential damages of any kind (including but not limited to lost profits, data or savings) howsoever arising (including, but not limited to, as a result of Modernist Estates’s negligence) in connection with the use of this website; or the copying or use of any information or material contained in or referred to in this website; or any failure or delay of the use or inability to use any component of this website.
All content and design of this website is protected by copyright, trademarks and other intellectual property rights and is the property of Modernist Estates or issued under licence from third-party copyright owners. You may print or download such material in electronic form on your local hard disk for your personal, non-commercial use. You may not alter or otherwise make any changes to any material that you print or download, including, without limitation, removing any copyright or proprietary notices. All other uses are prohibited including, without limitation, distributing, reproducing, modifying or copying or using for commercial purposes any of the materials or contents of this site. The licence to copy also does not permit incorporation of the content or any part of the website in any other work or publication in any form whatsoever.
Errors and omissions etc
We do not warrant that the information published on this Site will be error free and in using this Site you acknowledge that the property details and all other information including information relating to properties published on this Site may include inaccuracies, mistranslations or typographical errors. While Modernist Estates makes reasonable efforts to ensure that the listing of any property complies with applicable law, the listing of any property on or via our Site is not and should not be taken as a recommendation from Modernist Estates or a representation that the property will be suitable for any purpose, or that a tenant or a guarantor will be suitable for any particular property or lease, or they or any of them will comply with the terms of any lease or guarantee. Modernist Estates will in no way be liable to you in the event that the property is not suitable for your purpose, or that the tenant or guarantor or landlord is not suitable or fails to comply with their obligations under any lease or guarantee.
Types of loss and damage not claimable from us:
Neither Modernist Estates nor any of its directors, officers, employees, subsidiaries, affiliates, agents, other partners or representatives will be liable for any loss or damages arising out of or in connection with your use of any information, products, services, materials and/or property or offered through this site including but not limited to any loss of data, income profit or opportunity, loss of or damage to property and claims of third parties or any indirect or consequential loss or damages even if Modernist Estates has been advised of the possibility of such loss or damage or such loss or damages were reasonably foreseeable.
The terms and conditions of this website and the contents of this website shall be governed and interpreted in accordance with the laws of England and Wales, and the user and Modernist Estates agree that the English courts shall have exclusive jurisdiction to adjudicate any dispute which may arise out of this website.