1. The Tenant Switch IOS and Android App and the Tenant Switch Website (together ‘Tenant Switch’) is operated by and on behalf Mitenant Limited (‘Mitenant’ or ‘We’ or ‘Us’)
3. If You do not agree to these Terms and Conditions You must not use Tenant Switch. We reserve the right to amend these Terms and Conditions at any time. If We amend these Terms and Conditions We will bring this to Your attention at any subsequent use of Tenant Switch by You.
4. You must be 18 years of age or over to use Tenant Switch and You confirm that this is the case and You warrant that the details You have provided to Us are accurate.
5. You agree that anyone including a letting agent that has access to Your email address or Your account log in details and password is authorised by You to act on Your behalf and You will be responsible for any and all actions and activity conducted through Tenant Switch using Your email address and or log in details and password.
6. You should take all reasonable steps and precautions to prevent any unauthorised access to Your email address and Tenant Switch account log in details and password and You should notify Us immediately at firstname.lastname@example.org if You suspect such unauthorised access to Your account has occurred.
7. Tenant Switch provides an efficient method of assisting the move in process for Tenants and Letting Agents enabling the Tenant to:
i. receive, review and accept the property inventory. You agree before accepting and signing the property inventory it is Your sole responsibility to review check and ensure that the property inventory has been properly and accurately compiled by the letting agent or landlord. Tenant Switch will not accept any liability whatsoever or howsoever arising in respect of the property inventory including any errors or defects in the property inventory
ii. register for regulatory requirements such as council tax and water rates. You agree it is Your sole responsibility to check with the respective regulatory authorities that You have been accurately and properly registered for council tax and water rates for the correct period. Tenant Switch will not accept any liability whatsoever or howsoever arising in respect of any failure to correctly register for council tax and water rates.
iii. provide meter readings to the letting agent or landlord at the time of move in. You agree it is Your sole responsibility to check that the correct meter readings have been received by the letting agent or landlord. Tenant Switch will not accept any liability whatsoever or howsoever arising in respect of any failure to record and transmit the correct meter readings to the letting agent or landlord.
8. You agree any contract You enter into with a third party through Tenant Switch is solely a contract between You and the third party provider.
10. Mitenant has no responsibility whatsoever to You or the third party in respect of the service or product You have contracted for including without limitation in respect of any and all service provision, product delivery, payment for such services and products, quality of such services and products, defects and complaints in respect of such services and products.
11. Mitenant and Tenant Switch do not provide any advice in regard to the suitability or quality of the service or product, or the competitiveness of any price or tariff provided by any third party accessed by You through Tenant Switch, furthermore Mitenant and Tenant Switch do not endorse or recommend any such third party or their product or service.
12. Mitenant will receive a referral fee from third party providers You contract with through Tenant Switch.Service Availability and viruses and malware
13. Mitenant makes no representation or warranty that continuous service will be available for Tenant Switch. You agree and acknowledge that Tenant Switch will, at times, be unavailable due to regularly scheduled maintenance, service upgrades, or other mechanical or electronic failures.
14. Mitenant shall not be responsible to You or any other party whosoever for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to Tenant Switch.
15. Mitenant is not responsible for any problems or technical malfunctions of any telephone or fibre network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of any e-mail to be received by Mitenant on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to Your computer or Your network or peripherals related to downloading any materials from Tenant Switch or for any such failures or damage arising from any malware or virus which has been downloaded by You or transmitted to You by Tenant Switch or Mitenent or any other website or server linked to Tenant Switch or Mitenant.
16. Mitenant does not guarantee that Tenant Switch will be secure or free from bugs or viruses. You agree it is Your sole responsibility to protect your computer, mobile device or network with appropriate anti virus and anti malware software
17. You agree to indemnify, defend and hold Mitenant and its, shareholders, officers, directors, employees, agents or suppliers harmless from any and all claims or demands, made by any third party due to or arising out of Your use of Tenant Switch or Your violation of these Terms and Conditions or Your infringement of any intellectual property right or any other right of any other person or entity.Intellectual Property and restrictions on use of Tenant Switch
18. Mitenant is the owner of the business processes, databases, software and all intellectual property rights in Tenant Switch.
19. The trademarks, logos, and service marks (collectively the “Trademarks" displayed on Tenant Switch are registered and common law trademarks of Mitenant. Nothing contained on Tenant Switch should be construed as granting, by implication, or otherwise, any license or right to use of any of the Trademarks displayed on Tenant Switch. Your use of any of the Trademarks displayed on Tenant Switch is strictly prohibited.
20. You should assume that everything You see or read on Tenant Switch is copyrighted and is a trade secret and may not be used except as provided in these terms and conditions of use or in the text on Tenant Switch without the specific written permission of Mitenant
21. You are provided with access to Tenant Switch for Your personal use only and You agree not to:
i. use Tenant Switch for any business purpose
ii. attempt to copy or reverse engineer all or any part of the Tenant Switch business model, functionality and look and feel of the Tenant Switch IOS or Android Apps or the Tenant Switch website
iii. maliciously access or attempt to maliciously access Tenant Switch or its servers in any manner to copy or disrupt or adversely affect any element or aspect of Tenant Switch or to copy or disrupt or adversely affect any other website or server linked to Tenant Switch
iv. access Tenant Switch by an automated programme to access and download content or data from Tenant Switch
v. use Tenant Switch to damage, disable, or overburden Mitenant’s servers or the servers of any of Mitenant’s suppliers or network or impair Tenant Switch or interfere with any other party’s use of Tenant Switch. Hacking, password mining, or any other means to gain unauthorized access to Tenant Switch, Mitenant’s computers, or network is prohibited. Posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law is also prohibited.
22. To the maximum extent permitted by applicable law, all such information, software, documents, communications and services are provided by Mitenant through Tenant Switch “as is" without warranty or condition of any kind. Mitenant and its suppliers hereby disclaim all warranties and conditions with regard to such information, software, documents, communications and services including without limitation, all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
23. To the maximum extent permitted by applicable law, in no event shall Mitenant, or its suppliers, be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any other damages whatsoever, including without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with Your use or the performance of Tenant Switch, with the delay or inability to use Tenant Switch or related services, whether based in contract, tort, negligence, strict liability, or otherwise, even if Mitenant or its suppliers have been advised of the possibility of such damages.
24. Given the changing nature of legislation and the inherent hazards of electronic communication, there may be delays, omissions, or inaccuracies in information contained in Tenant Switch . As such, no information on Tenant Switch should be used as a substitute for consultation with professional advisors.
25. If You are dissatisfied with any portion of Tenant Switch, information, documents, or communications on or through Tenant Switch Your sole and exclusive remedy is to cease using Tenant Switch and the information, documents, communications or services You obtained or You were provided from or by Tenant Switch
26. You agree that other than matters that cannot be so excluded under the law of England and Wales, Tenant Switch will not be liable to You or any other party in respect of any matter howsoever arising from Your use or Your attempted use of Tenant Switch including but not limited to:
i. the unauthorised use of Your email address and or log in details by others to access and use Tenant Switch in an unauthorised manner
ii. any errors, delays or defects howsoever arising in property inventories, meter readings, council tax registration and registration for water rates
iii. any failure in any service or product provided by third parties You access or contract with through Tenant Switch
iv. any failure in any payment or billing arrangement between You and any third party You contract with through Tenant Switch
v. any failure by Tenant Switch to properly process or transmit any information correctly and or in a timely manner
vi. any interruption in or cessation of the Tenant Switch service whenever or howsoever arising
27. Nothing in this Contract shall limit or exclude Mitenant's liability for death or personal injury resulting from the negligence of Mitenant or that of its employees or agents or any damage or liability arising as a result of fraud on the part of Mitenant.
28. This Agreement and the services contemplated by it may be terminated by Mitenant with or without notice at any time. Mitenant may at any time terminate in whole or in part Tenant Switch without notice or liability.
29. By using Tenant Switch or by completing the Tenant Switch registration, You hereby acknowledge that You have read the Terms and Conditions and that You agree to these Terms and Conditions.
30. This Agreement is governed by the law of England and Wales, and is subject to the exclusive jurisdiction of the courts of England and Wales.
Updated 9 July 2018