YOUR ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSE 13 (LIMITATION OF LIABILITY).
1. ABOUT US
1.1 Company details. BERRYMOON LTD (company number 07984930) (we and us) is a company registered in England and Wales and our registered office is at 24 Oswald Road, Manchester, M21 9LP. Our main trading address is Londesborough House, 34-35 High St, Lymington SO41 9AF. We operate the Website
1.2 Contacting us. To contact us by e-mail - Support@endyourtenancy.com
How to give us formal notice of any matter under the Contract is set out in Clause 17.2.
2. INTERPRETATION and DEFINITIONS
Data Protection Legislation: means the UK Data Protection Legislation and (for so long as and to the extent that the law of the European Union has legal effect in the UK) the General Data Protection Regulation ((EU) 2016/679) and any other directly applicable European Union regulation relating to privacy.
Services: means; (a) the provision of template notices to end tenancy agreements which are to be stored within the password protected area of the Website and served by us when they have been populated with information by a tenant using of the Website; and (b) signposting to a legal helpline should you require legal support after notice has been served in relation to you ending your tenancy.
UK Data Protection Legislation: means any data protection legislation from time to time in force in the UK including the Data Protection Act 1998 or 2018 or any successor legislation.
Website: means www.endyourtenancy.com
3. OUR CONTRACT WITH YOU
3.1 Our contract. These terms and conditions (Terms) apply to the order by you and supply of Services by us to you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
3.2 Entire agreement. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
4. PLACING AN ORDER AND ITS ACCEPTANCE
4.1 Placing your order. Please follow the onscreen prompts to place an order. You may only submit an order using the method set out on the Website. Each order is an offer by you to buy the Services specified in the order subject to these Terms (Order).
4.2 Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.
4.3 Acknowledging receipt of your order. After you place your order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in Clause 4.4.
4.4 Accepting your order. Our acceptance of your order takes place when we send an email to you to accept it (Order Confirmation), at which point and on which date the Contract between you and us will come into existence (Commencement Date). The Contract will relate only to those Services confirmed in the Order Confirmation.
4.5 If we cannot accept your order. If we are unable to supply you with the Services for any reason, we will inform you of this by email and we will not process your order.
5. CANCELLING YOUR ORDER
5.1 The Order is completed once you have placed your Order. You cannot cancel the Contract once we have completed the Services, as the Services are provided immediately.
5.2 The notice to end your tenancy agreement however can be withdrawn, for example if you have made an error. To withdraw such notice, you must complete the cancellation form which will be accessible via a link included in your Order Confirmation. We will email you to confirm we have received your cancellation.
6. OUR SERVICES
6.1 Compliance with specification. Subject to our right to amend the specification (see Clause 6.2) we will supply the Services to you in accordance with the specification for the Services appearing on our Website at the date of your order in all material respects.
6.2 Changes to specification. We reserve the right to amend the specification of the Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services, and we will notify you in advance of any such event.
6.3 Reasonable care and skill. We warrant to you that the Services will be provided using reasonable care and skill.
6.4 Time for performance. We will use all reasonable endeavours to meet any performance dates specified in the Order Confirmation, but any such dates are estimates only and failure to perform the Services by such dates will not give you the right to terminate the Contract.
7. YOUR OBLIGATIONS
7.1 It is your responsibility to ensure that:
(a) the terms of your order are complete and accurate;
(b) you co-operate with us in all matters relating to the Services;
(c) you provide us with such information and materials we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
(d) you obtain and maintain all necessary permissions and consents which may be required for the Services before the date on which the Services are to start;
(e) you comply with all applicable laws, including health and safety laws;
7.2 If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in Clause 7.1 (Your Default):
(a) we will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle us to terminate the contract under Clause 15 (Termination);
(b) we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and
(c) it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.
8. SERVICES IN UK ONLY
The Services will only be performed in relation to properties within England and Wales.
If a problem arises or you are dissatisfied with the Services, please email firstname.lastname@example.org.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 All intellectual property rights in or arising out of or in connection with the Services (other than intellectual property rights in any materials provided by you) will be owned by us.
10.2 You agree to grant us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by you to us for the term of the Contract for the purpose of providing the Services to you.
11. HOW WE MAY USE YOUR PERSONAL INFORMATION
11.1 We will use any personal information you provide to us to:
(a) provide the Services; and
(b) inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
11.2 Further details of how we will process personal information are set out in www.endyourtenancy.com/privacy-policy/.
12. DATA PROTECTION
12.1 Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause 12 is in addition to, and does not relieve, remove or replace, a party’s obligations under the Data Protection Legislation. In this clause 12, Applicable Laws means (for so long as and to the extent that they apply to the Provider) the law of the European Union, the law of any member state of the European Union and/or Domestic UK Law; and Domestic UK Law means the UK Data Protection Legislation and any other law that applies in the UK.
12.2 The parties acknowledge that for the purposes of the Data Protection Legislation, you are the data controller and we are the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation). The Schedule sets out the scope, nature and purpose of processing by us, the duration of the processing and the types of personal data (as defined in the Data Protection Legislation, Personal Data) and categories of Data Subject.
12.3 Without prejudice to the generality of clause 12.1, you will ensure that you have all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to the Provider for the duration and purposes of this agreement.
12.4 Without prejudice to the generality of clause 12.1, we shall, in relation to any Personal Data processed in connection with the performance by us of our obligations under this agreement:
(a) process that Personal Data only on the written instructions of you unless we are required by Applicable Laws to otherwise process that Personal Data. Where we are relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, we shall promptly notify you of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit us from notifying you;
(b) ensure that we have in place appropriate technical and organisational measures, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
(c) ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
(d) not transfer any Personal Data outside of the European Economic Area unless your prior written consent has been obtained and the following conditions are fulfilled:
(i) you or we have provided appropriate safeguards in relation to the transfer;
(ii) the data subject has enforceable rights and effective legal remedies;
(iii) we comply with our obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
(iv) we comply with reasonable instructions notified to us in advance by you with respect to the processing of the Personal Data;
(e) assist you, at your cost, in responding to any request from you as a Data Subject and in ensuring compliance with your obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
(f) notify you without undue delay on becoming aware of a Personal Data breach;
(g) at your written direction, delete or return your Personal Data and copies thereof to you on termination of the agreement unless required by Applicable Law to store your Personal Data; and
(h) maintain complete and accurate records and information to demonstrate its compliance with this clause 12.
12.5 The Customer consents to the Provider appointing a third-party processor of Personal Data under this agreement. The Provider confirms that it has entered or (as the case may be) will enter with the third-party processor into a written agreement substantially on that third party’s standard terms of business. As between the Customer and the Provider, the Provider shall remain fully liable for all acts or omissions of any third-party processor appointed by it pursuant to this clause 12.5.
12.6 We may, at any time on not less than 30 days’ notice, revise this clause 12 by replacing it with any applicable controller to processor standard clauses or similar terms forming party of an applicable certification scheme (which shall apply when replaced by attachment to this agreement).
13. LIMITATION OF LIABILITY: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
13.1 Nothing in the Contract limits or excludes our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors; or
(b) fraud or fraudulent misrepresentation.
13.2 Subject to Clause 13.1, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of use or corruption of software, data or information;
(f) loss of or damage to goodwill; and
(g) any indirect or consequential loss.
13.3 Subject to Clause 13.1, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to £1.
13.4 We do not indemnify you for any claims brought against you by your landlord, which includes but is not limited to any claims for unpaid rent or any other breach of contract.
13.5 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, including without limitation the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 by common law or otherwise are, to the fullest extent permitted by law, excluded from the Contract.
13.6 This Clause 13 will survive termination of the Contract.
Each of us may only use the other’s confidential information for the purpose of fulfilling our respective obligations under the Contract.
15.1 Without limiting any of our other rights, we may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to you if you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 14 days of you being notified in writing to do so.
15.2 Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.
15.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
16. EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
16.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.
17. COMMUNICATIONS BETWEEN US
17.1 When we refer to “in writing” in these Terms, this includes email.
17.2 Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
17.3 A notice or other communication is deemed to have been received:
(a) if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
(b) if sent by pre-paid first class post or other next working day delivery service, at 9.00am on the second working day after posting; or
(c) if sent by email, at 9.00am the next working day after transmission.
17.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
17.5 The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
18. ASSIGNMENT AND TRANSFER.
18.1 We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you in writing or by posting on this webpage if this happens.
18.2 You may not assign or transfer your rights or your obligations under the Contract.
19.1 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
19.2 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
19.3 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19.4 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
19.5 Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.
PROCESSING, PERSONAL DATA AND DATA SUBJECTS
1. PROCESSING BY THE PROVIDER
The scope of processing will be in order for us to provide Services to you.
The nature of processing will include the collection, recording, organisation, storage, alteration, retrieval, use, erasure or destruction of your personal data.
1.3 PURPOSE OF PROCESSING
To register you as a new customer in order to provide a contract for Services with you.
To provide you with our Services including serving notices on landlords.
To administer and protect our business and this Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)..
To deliver relevant Website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you.
To use data analytics to improve our Website, products/services, marketing, customer relationships and experiences.
To make suggestions and recommendations to you about goods or Services that may be of interest to you.
1.4 DURATION OF THE PROCESSING
5 years in order to build up a record of your rental history and an independent audit trail of your interactions with you landlord so that the record can be retained by you.
We may also retain your personal data for a longer period if you opt-in to receive our marketing materials so that we can keep you informed of our services that are of interest to you.
2. TYPES OF PERSONAL DATA
Identity Data – The title, first name and surname of you (as the tenant) and your landlord. Your username or similar identifier.
Contact Data – Your billing address, tenancy address and telephone number(s), and the email address(es) of you and your landlord.
Transaction Data – the Services you have ordered from us.
Technical Data – your internet protocol (IP) address, login data, browser type and version, source, keyword, device, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the Website.
Profile Data - your username and password, orders made by you, preferences, feedback and survey responses.
Usage Data - information about how you use the Website and Services.
Marketing and Communications Data - your preferences in receiving marketing from us and our third parties and your communication preferences.
Aggregated Data - such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity.
3. CATEGORIES OF DATA SUBJECT
You as tenant and your landlord(s).