Terms of Service

1.Introduction 

Please read these Terms carefully. You must accept these Terms prior to using the Platform. By using the Platform or visiting the Site, you agree to these Terms and our (“Privacy Notice”), a current version of which is available at www.guarantid.com/privacy, which we may update from time to time at our discretion.

(“we”, “our” or “us”) are references to guarantid Ltd and any member of our group, which means our ultimate holding company, Homeppl and its subsidiaries.

(“The Platform” or “Service”) provides a tenant guarantor service to guarantee the tenant’s obligations to the landlord under the AST. The Platform is used by individuals seeking our Service to rent accommodation for their own use ("Renters"), landlords and their letting or estate agents that are using the Platform in order to review the profiles of Renters ("Landlords and their Agent" ), individuals who will provide us with a guarantee in respect of the Renter’s obligations under the AST and co-sign the agreement between us and the Renter  (“Co-signers”), any organisation, company, or other legal entity using the platform. The Renter orders for our Service for an agreed amount (“Fee”). In these Terms, Renters, Co-signers and Landlords may be referred to together as (“Users”).

These Terms set out your agreement with us in relation to the use of our website and Service, they do not create any relationship or agreement between you and any other person or third party Service providers.

We may modify these Terms from time to time, in which event guarantid shall make commercially reasonable efforts to contact you in respect of any material changes. Notwithstanding the above, your continued use of the Platform after any changes to these Terms will be deemed acceptance of such amended or updated Terms. If you do not agree to any of these Terms, please do not make any use of the Platform.


2. Use of Platform by Renters 

To use the Platform, you must apply for guarantid. guarantid reserves the right to refuse an application for any reason at its sole discretion. You may not provide false information during the application process.

By using the Platform, you represent and warrant that:

  • any and all registration and personal information you submit is truthful and accurate

  • you will maintain the accuracy of such information

  • you either are 18 years of age or older, or else have the permission of your parents or guardians to use the Platform and 

  • your use of the Platform does not violate any applicable law or regulation or any obligation, including without limitation any law or regulation in your geographical area

  • you are not impersonating another person.

We will use the personal information you provide to us to:

  • provide the Service

  • process your payment of the Fee

  • inform you about similar products or services that we or our partners provide . We will only do this with your express consent

By accepting these Terms, and continuing with the use of this site, you are giving us and our sub-contractors, partners and associates the authority to use the information supplied by you for the purpose of providing and supporting the Service offered through this site. 

You may not create more than one application per individual or entity, and you may not have access to any application other than your own. guarantid may, in its sole discretion and at any time, discontinue providing the Platform or any part thereof without notice. guarantid currently provides Renters with access to the Platform for a Fee, but reserves the right in the future to change this policy at any time.

Our acceptance to be your guarantor will be subject to you and your Co-signer passing our eligibility criteria and paying our Fee. If we are unable to supply you with the Service, we will inform you of this by email.

guarantid will have no obligation to provide the Service, and the Landlord may not proceed with the AST, until your eligibility has been confirmed and the Fee is received by guarantid.

guarantid’s referencing provider may contact your current or previous landlords and their agents, housemates, employers, and other third parties, as well as cross reference the information you provide, in order to verify your identity and the accuracy of the information submitted by yourself.

guarantid’s referencing provider may also check your name, address and date of birth against databases of bankruptcy, criminal and debt-related information, including but not limited to databases held by Credit Bureaus. The results of such searches may affect any suitability assessment regarding yourself which we may give to your prospective Landlord or their Agent.
 
We may suspend our Service and refuse to give the guarantee to your landlord if you do not, after being asked, provide us with the information required or you provide us with incomplete or incorrect information or you refuse to pay us for the Service when you are supposed to. We will not be liable for any delay or non-performance where you have not provided this information after being asked. 

2.1 Experian Rental Exchange Database and Rent Tracking

We have teamed up with Experian to take part in The Rental Exchange. The Rental Exchange is a way to strengthen your credit report without you needing to take on new credit. The scheme enables us to share details about the rent you pay with Experian on a monthly basis. This is then included in your credit report, meaning you will then be recognised for paying your rent on time.

Not only will we be able to work with you more closely to manage your tenancy agreement, your track record as a tenant will enable Experian to use the information supplied to them to assist us to:

  • assess and manage any new tenancy agreements you may enter into

  • assess your financial standing to provide you with suitable products and services

  • manage any accounts that you may already hold, for example reviewing suitable products or adjusting your product in light of your current circumstances

  • contact you in relation to any accounts you may have and recovering debts that you may owe

  • verifying your identity, age and address, to help make decisions about the services being offered

  • help to prevent crime, fraud and money laundering

  • screen marketing offers to make sure they are appropriate to your circumstances

  • for Experian to undertake statistical analysis, analytics and profiling

  • for Experian to conduct system and product testing and database processing activities, such as data loading, data matching, and data linkage.  

If you would like to see more information on these, and to understand how the credit reference agencies each use and share rental data as bureau data (including the legitimate interests each pursues) this information is provided in this link: www.experian.co.uk/crain (Credit Reference Agency Information Notice (CRAIN)). (For a paper copy, please get in touch with us or with Experian using the contact details in this letter)
 
We will continue to exchange information about you with Experian while you have a relationship with us and inform Experian when your tenancy has ended. Experian will hold your rental data for the time limits explained in CRAIN (section 7). Rental data falls into the Identifiers (e.g. your name, address, date of birth) and financial account categories (i.e. tenancy account, rental payment information).

We and Experian will ensure that your information is treated in accordance with UK data protection law, so you can have peace of mind that it will be kept secure and confidential and your information will not be used for prospect marketing purposes.

If you would like advice on how to improve your credit history you can access independent and impartial advice from www.moneyadviceservice.org.uk (you can get a copy of your Statutory Credit Report by visiting www.experian.co.uk/consumer/statutory-report).  

If you are unhappy with anything relating to Rental Exchange, please contact us on the contact details above. You also have the ability to get in touch with the Information Commissioner’s Office. More information about this can be found using this link here: https://ico.org.uk/concerns/.  


3. Use of Platform by Co-signers

A Co-signer may be liable to pay any rent arrears to us on your behalf. A Co-signer's eligibility is subject to our referencing partner’s reference check. 

4. Use of Platform by Landlords or their Agents

If you are a Landlord or their Agent, you agree that you shall not use any information which Renters provide through the Platform except for the sole purpose of evaluating the suitability of such Renter for renting a rental unit under your control. You shall not provide such information to any third party.

If you are required by law or regulation to disclose such information, you shall notify both us and the applicable Renter of such requirement, and make reasonable commercial efforts to challenge such requirement and minimize the disclosed information.

If you are a Landlord or their Agent, your use of the Platform confirms the you have adopted and implemented a privacy policy in compliance with the requirements under all applicable laws, including the Data Protection Act 1998 and the European General Data Protection Regulation (GDPR) in respect of all personal data provided to the other party in connection with the Service, or otherwise under this Agreement.

Without limitation, you warrant and represent that all necessary consent has been obtained from Renters and other individuals as required for the purposes of performing the Service.


5. Termination of Application by guarantid

You agree that guarantid may for any reason, in its sole discretion terminate the Service before we give a guarantee to your landlord. guarantid may choose to inform you of the termination of your application, but has no obligation to do so. Grounds for such termination may include:

  • nonpayment for our Service when you are supposed to

  • break of the contract in any other material way and you do not correct or fix the situation 

  • extended periods of unresponsiveness

  • violation of the letter or spirit of these Terms

  • fraudulent, illegal, inappropriate, harassing or abusive behaviour

  • behavior that is harmful to other users, including potential hosts or guests, third parties, or the business interests of guarantid

  • false, fraudulent or inaccurate information

We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behaviour on the Platform. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or behaviour of anyone believed to have violated these Terms or to have engaged in illegal behaviour on the Site or committed with the Platform. In the event that we determine that the information provided by you is false or misleading, we will charge an admin fee of £30 and refund the remainder of the payment made.

 

Any suspension, termination, or cancellation shall not affect your obligations to guarantid and its licensors under these Terms (including but not limited to intellectual property, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.

6. Termination of Application by Renters

You may cancel the Service within 14 working days from the signature of the guarantid agreement but before the commencement of the AST by contacting us. In the event that you wish to cancel the Order after 14 working days from signature of the guarantid agreement or after the commencement of the AST, you shall pay to guarantid a cancellation Fee.

If the tenancy created by the AST is assigned or otherwise terminated with the Landlord and their Agent’s consent, the Order will be terminated with immediate effect, and guarantid’s obligations shall be null and void.

The Co-Signer shall not be permitted to terminate this Service at any time without first providing an alternative Co-Signer acceptable to guarantid and who has entered into an agreement with guarantid on the same or similar terms. Any accepted change to the Co-Signer may incur an administration Fee payable to guarantid.


7. Data Privacy

Please review our Privacy Notice for an explanation of how we use your data and how we share it with third parties. Our Privacy Notice is available at www.guarantid.com/privacy/

8. Intellectual Property

guarantid and its licensors own the Platform, including all worldwide intellectual property rights in the Platform, and the trademarks, Service marks, and logos contained therein.

Except as expressly permitted herein, you may not copy, further modify, duplicate, distribute, display, perform, sublicense, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the Platform or any Content (as defined below) appearing in the Platform. You will not remove, alter or conceal any copyright, trademark, Service mark or other proprietary rights notices incorporated in the Platform. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, Service mark, logo, or trade name of guarantid or any third party.

You may not attempt to:

  • decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Platform

  • circumvent, disable, or otherwise interfere with security-related features of the

  • platform or features that prevent or restrict use or copying of any Content; 

  • use the Platform and/or Content in connection with any commercial endeavors in any manner, except your own evaluation of the rental or lease of properties through the Platform

  • use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or Content

  • harvest, collect or mine information about other users of the Platform or Content; or use or access another user’s account or password.

By using our platform, you recognise the value of guarantid’s continual development of proprietary technology. You agree that during your use of guarantid’s platform, and following termination, you will not directly or indirectly seek to replicate the functionality of guarantid’s Service.


9. User Content

Renters, Co-signers and Landlords may make available certain content or information through the Platform. For example, guarantid allows Renters to post personal and biographical information and documents about yourself and others. guarantid may allow other third parties, such as Credit Reference Agencies and Referencing Partners, to analyse your information. We refer to all such content and information as “Content.”

guarantid has no obligation to accept, display, review or maintain any Content. Moreover, guarantid reserves the right to delete or remove Content from the Platform without notice for any reason at any time, though guarantid will notify Renters if any removed Content significantly impacts their profile.

guarantid does not endorse or warrant the accuracy of any content or any opinion, recommendation, or advice expressed by any user and guarantid expressly disclaims any and all liability in connection with content. guarantid does not endorse or recommend any particularly Renter, Landlord or property.

You are fully and solely responsible for any Content you submit to us or post. You will not post any Content if posting that Content will violate any applicable law or regulation, or breach any commitment you have made to a third party.

In addition, you agree that you will not act in any way or transmit or post any Content that:

  • restricts or inhibits use of the Platform

  • solicits another person’s personal information under false pretenses

  •  impersonates another individual or otherwise misrepresents yourself in any manner

  • infringes (or results in the infringement of) the intellectual property, moral, publicity, or privacy rights of any third party

  • is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material

  • does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. (in the case of any proposed or actual transaction, “applicable” refers to both your own location and to location(s) of all other parties to the transaction); or would cause guarantid to be in violation of any law or regulation, or to infringe any right of any third party

  • contains falsehoods or misrepresentations that may damage guarantid or any third party

  • imposes an unreasonably or disproportionately large load on our infrastructure; or: (i) posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following. (ii) material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity). (iii) material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening. (iv) pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children) or may be harmful to a minor (v) any virus, worm, Trojan horse, or other harmful or disruptive component or. (vi) anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate. guarantid may choose at its sole discretion to monitor Content for inappropriate or illegal behaviour, including through automatic means; provided, however, that guarantid reserves the right to treat Content as content stored at the direction of users for which guarantid will not exercise editorial control except when violations are directly brought to guarantid’s attention.

By submitting or posting any Content, you represent and warrant that such Content is correct and accurate. In addition, you grant guarantid and its successors, in case of merger or acquisition, a worldwide, non-exclusive, royalty-free, perpetual, sub-licensable and transferable license under any of your intellectual property, moral or privacy rights to use, copy, distribute, transmit, modify, prepare derivative works of, publicly display, and publicly perform such Content on, through or in connection with the Platform in order for guarantid to provide Service through the Platform.


10. Copyright Infringement

guarantid respects the intellectual property rights of others and expects its users to do the same. guarantid will remove all infringing Content if properly notified that it infringes third party intellectual property rights, and may do so at its sole discretion, without prior notice to users at any time.

Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is our policy to respond expeditiously to copyright owners who believe that material appearing on the Platform infringes their rights. If you believe that something appearing on the Platform infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. It is guarantid policy to determine whether it is appropriate to terminate the account of repeat infringers, taking all facts and circumstances into account. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to our copyright agent: hello@guarantid.com.


11. Disclaimers & Disclaimers of Warranty

The Platform and/or Content are provided on an as is and as available basis without warranties of any kind from guarantid. guarantid expressly disclaims all warranties of any kind, express, implied or statutory, relating to the Platform and/or content, including without limitation the warranties of title, merchantability, fitness for a particular purpose, or non-infringement. guarantid disclaims any warranties, express or implied, (i) regarding the security, accuracy, reliability, timeliness and performance of the Platform and/or content; or (ii) that the Platform will be error-free or that any errors will be corrected; or (iii) regarding the performance of or accuracy, quality, currency, completeness or usefulness of any information provided by the Platform.

Content on the Platform originates from a variety of sources, as well as feedback from other users of the Platform. guarantid does not warrant that any information or data available through the platform is accurate, complete, reliable, current, or error-free. guarantid is not responsible for any incorrect or inaccurate content posted on or transmitted through the platform, including by any users. guarantid cannot and does not accept any liability for any reliance by you on such information, and you should take appropriate steps to independently confirm any such information. We reserve the right to correct any errors, inaccuracies or omissions in the Content information at any time without prior notice.

guarantid is not responsible for the accuracy, usefulness, safety, appropriateness of or infringement by any Content available on the Platform. Although users must agree to these Terms, it is possible that other users (including unauthorized users) may post or transmit inaccurate, offensive or obscene materials that may impair your application or which may cause you offense. As such, you should always be sure to check your profile for any third party Content and you should delete any Content that in your opinion impairs your application or causes you offense. In addition, you hereby agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against guarantid with respect thereto. We disclaim all liability, regardless of the form of action, for the acts or omission of other users (including unauthorised users), whether such acts or omissions occur during the use of the platform or otherwise, and including without limitation any content posted by any third party users, including any content that may be posted on your profile.

It is also possible for others to obtain personal information about you due to your use of the Platform, including through any Content that you make available through your account. Anyone receiving or viewing Content may use your information (such as your contact details, biographical information or photographs) for purposes other than what you intended. We are not responsible for the use of any personal information that you disclose on the Platform. By making any such information available through the Platform you acknowledge that you understand and have agreed to such risks.

No advice or information, whether oral or written, obtained by you from guarantid, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.


12. Limitation of Liability

In no event shall guarantid or any of its officers, directors, employees, or agents be liable to you for any damages whatsoever, including without limitation, indirect, incidental, special, punitive and/or consequential damages arising out of or in connection with your use of the platform or Content, including but not limited to the quality, accuracy, or utility of the information provided as part of or through the Platform, whether the damages are foreseeable and whether or not guarantid has been advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction and in no event shall guarantid’s cumulative liability to you exceed amounts paid by you to guarantid for use of the Platform. If you have not made any payments to guarantid for the use of the Platform, the guarantid shall not have any liability towards you.

In addition to the foregoing, guarantid assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content. guarantid is not responsible for any problems or technical malfunction of any telephone or cellular phone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Platform.

Under no circumstances shall guarantid be responsible for any loss or damage, including personal injury or death, resulting from the use of the Platform, from any content posted on or through the Platform, or from the conduct of any users of the Platform, or from the conduct of any users of the platform, whether online or offline, or in connection with the provision or acceptance of any Service.


13. Indemnification

You agree to indemnify, defend, and hold harmless guarantid and its respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from: 

 

  • breach of these Terms by you or anyone using your computer or password; 

  • any claim, loss or damage caused by you to the body, lodgings, furniture or other property (whether personal or real) of any other individual related to any accommodation Service provided through the Platform; 

  • your use of the Platform in violation of any law or regulation, including the use of the Platform is any jurisdiction where the provision or receipt of accommodation Service hereunder may be prohibited; 

  • your infringement of any right of any third party; and 

  • any other matter for which you are responsible hereunder or under law. You agree that your use of the Platform, including, without limitation, provision of Service in connection with the Platform shall be in compliance with all applicable laws, regulations and guidelines.

14. Third-Party Websites and Advertisers

The Site may contain links to third-party websites, advertisers, or Service that are not owned or controlled by guarantid. We have no control over and assume no responsibility for, the content, terms of use, privacy policies, or practices of any third-party websites or Service. If you access a third-party website from our Site, you do so at your own risk, and you understand that these Terms and the guarantid Privacy Notice does not apply to your use of such sites. You agree that guarantid will not be responsible for any loss or damage of any sort relating to your dealings with such third party websites. We encourage you to be aware of any third party’s applicable terms and policies, including their privacy and data-gathering practices.


15. Waiver of any Breach

No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.


16. Time Limit in Case of Breach

Any cause of action against guarantid must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect.


17. Agency

Nothing in this Agreement creates any agency, employment, joint venture, or partnership relationship between you and guarantid or authorizes you to act on behalf of guarantid.


18. Assignation

We may assign our rights and obligations hereunder. You shall not assign any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void.


19. Marketing

We may use the information you provide us to assess your suitability for a product, service, or quote for an insurance or financial product, as well as to identify which products may be of interest to you, and provide you with information about those products.

We may also provide you with personalised offers for other services, where we believe this would be relevant or helpful. If you opt-in to receive direct marketing communications, you may unsubscribe to such communications by emailing us a request to hello@guarantid.com


20. Notice

If we are required to provide notice to you hereunder, we may provide such notice to the email account or account of any social networking site that you provided upon registration.


21. Entire Agreement

Except as may be expressly stated in these Terms, these Terms and any other Terms stated on our website and any written contract between you and guarantid constitutes the entire agreement between guarantid and you pertaining to the subject matter hereof.


22. Governing Law

These Terms shall be governed by the law of England and Wales, and are subject to the non-exclusive jurisdiction of the courts of England and Wales. Any action to be brought in connection with these Terms or the Platform shall be brought exclusively in the courts in England or Wales and you irrevocably consent to their jurisdiction

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LEGAL

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Guarantid LTD is a limited company registered in England and Wales with registered number 11995176. 

Our registered office and place of business is at Brickfields 37 Cremer Street, Hoxton, London, E2 8HD. Data Protection registration reference: ZA523627.