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Terms & Conditions

Definitions

“Consumer” As defined by section 2 of the Consumer Rights Act 2015
“Dashboard” Vouch’s software hosting system
“Personal Data” As defined by Data Protection Legislation
“Data Protection Legislation” All applicable laws and regulations in the United Kingdom relating to data protection, including without limitation; GDPR, UK GDPR, DPA 2018.
“Landlord” The person who intends to grant a lease of the Property
“Letting Agent” An agent acting on behalf of the Landlord in connection with the letting of the Property
“Property” The property to be let
“Right to Rent” The right of a Prospective Tenant to rent premises within the United Kingdom as required by the Home Office and detailed in the Home Office’s Code of Practice on the Right to Rent may be updated from time to time
“Services” The services that Vouch will provide to You as set out below
“Website” www.vouch.co.uk
“We/Us/Vouch” Vouch Online Limited, company registration number 10678036
“You/Your” The prospective tenant completing the application

Vouch Master Services Agreement – Click here to read.

Tenant

Use of Information provided by you

  1. Vouch is a Data Controller as defined by Data Protection Legislation.
  2. To verify the contents of Your application, Vouch will need to share personal data with the third parties listed below and the Landlord

/Letting Agent. Where it is necessary to do so we will comply with all aspects of Data Protection Legislation.

  1. Our privacy policy is available at www.vouch.co.uk and is incorporated in these terms and conditions.
  2. Should it be necessary for Vouch to transfer Personal Data overseas, this information will only be shared within the EEA. Any such transfers will be made in full compliance with Data Protection Legislation.
  3. In order to complete Your application, we will consult with a number of sources to verify the information that You provide. The parties with whom it may be necessary for Vouch to share information relating to Your application may include but are not limited to:
    1. Your family, associates and representatives;
    2. Your or our professional advisors and consultants;
    3. financial organisations;
    4. credit reference agencies;
    5. fraud prevention agencies;
    6. debt collection and tracing agencies;
    7. employment and recruitment agencies;
    8. central government.
  4. You understand that Vouch may approach third parties including those listed in clause 5 above and will rely upon “performance of a contract” or where necessary, “prevention or detection of a crime” as the legal bases for this processing activity.
  5. You understand that Vouch may consult with a licensed credit reference agency regarding Your Application. You understand that Vouch may share such Personal Data with the credit reference agency as is necessary to carry out a search.
  6. You understand that a credit reference agency may record the results of any search conducted in relation to Your Application.
  7. You understand that the credit reference agency search may show how You conduct payments with other entities. You understand that

from time to time this information may also be used for debt tracing and fraud prevention.

  1. You may request the name and address of the credit reference agency Vouch use to conduct a search and You may also ask for a copy of the information provided to Vouch as a result of that search.
  2. The personal information we have collected from you will be shared with fraud prevention agencies who will use it to prevent fraud and money-laundering and to verify your identity. If fraud is detected, you could be refused certain services, finance, or employment. Further details of how your information will be used by us and these fraud prevention agencies, and your data protection rights, can be found by Cifas. Further to this if false or inaccurate information is supplied to the agent via the Vouch platform the agent/landlord may withhold some or all of any holding fee paid for the property. This decision on whether to do so is for the agent/landlord and Vouch will have no involvement in this decision. Vouch accepts no liability for any loss suffered by You in the event your Application is unsuccessful.
  3. You understand that Vouch may contact Your referees using Personal Data which has been provided by You in the Application for the purposes of allowing Your referees to verify and/or provide information about Your earnings and income, dates of employment and previous tenancies. You also confirm that You have their permission for us to contact them in order for us to obtain Your references.
  4. Information may be sent to You or Your nominated referee(s) by email and SMS. This information will only be such as is necessary to identify You and You confirm You are aware that the information sent electronically cannot be guaranteed to be secure.
  5. You acknowledge that Vouch cannot absolutely guarantee the security of any electronic communications relating to your application but we do use appropriate measures to maintain the security of your data both in transit and at rest.
  6. You confirm that you are aware that any tenancy granted to You as a result of Your Application will be subject to the provisions of the Housing ‘Act 1988. Any resulting tenancy will be subject to the grounds for possession of dwelling house let on assured tenancies contained in Schedule 2 to the Housing Act 1988, in particular ground 17.
  7. As a result of the information You provide to Vouch and that Vouch obtains from third parties in connection with Your Application, You understand that Vouch may pass on all such information to the Landlord and/or Letting Agent.
  8. You accept that the results of such checks and searches that have been carried out by or for Vouch in connection to Your Application may be accessed in the future by Vouch if You complete an application through Vouch again.

Documents establishing your Right to Rent

  1. In order to rent a property in the United Kingdom, You are required to supply documentation confirming Your Right to Rent property in the United Kingdom. The Application Process will only require You to indicate what documentation You intend to rely on to satisfy the Right to Rent requirements.
  2. You confirm that You are aware that You will be required to supply original copies of the documents demonstrating Your Right to Rent as requested by Landlord or Letting Agent. This does not form part of the Application Process. Vouch can provide no guarantee that such documentation will be accepted by the Landlord or Letting Agent.

Result of Your Application

  1. The decision as to whether or not to accept Your Application rests with the Landlord or Letting Agent.
  2. Vouch accepts no liability for any loss suffered by You in the event Your Application is successful.

Status of the Landlords or Letting Agent

  1. You accept that Vouch cannot guarantee the accreditation status of the Landlord nor can Vouch guarantee that the Landlord or the Letting Agent acting on the Landlord’s behalf holds any licences or certification as may be required by law including but not limited to a HMO Licence.

Submitting Your Application

  1. By proceeding with Your application You confirm that You have read and agree to these terms and conditions

Termination

  1. You may withdraw Your Application at any time until the prospective tenancy is entered into.
  2. Vouch may terminate this contract with You where You are in breach of any of its terms or where You have failed to perform Your obligations.

Accessing the Vouch Portal

  1. In order to be able to access the Vouch Portal, You may need to use Your Login Information. You must not disclose Your Login Information to any person not authorised to use the Vouch Portal on Your behalf.
  2. You must not access or use the Vouch Portal for any purpose that is prohibited by these Terms or is otherwise unlawful.
  3. You must maintain Your own firewalls and anti-virus software when accessing the Vouch Portal so as not to expose You to the risk of a virus or malicious software. We do not accept responsibility for any damage to Your PC or computer system which arises in connection with Your use of the Vouch Portal.
  4. We reserve the right to immediately terminate Your access to the Vouch Portal if You are in breach these Terms

Exclusion of liability

  1. We accept no responsibility for the accuracy of the information provided in an Application and any liability for inaccurate, false or fraudulent information rests with the provider of that information, whether that be the Prospective Tenant, Guarantor, Referee or a third party provider of information.
  2. We will not be liable to You in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by You: a. of an indirect or consequential nature; nor b. for any economic loss or other loss of turnover, profits, business or goodwill.
  3. Without prejudice to the generality of the foregoing We will not be liable for the following losses or liability from the same which You may suffer or be held liable for caused by Your reliance or use of the Services (or by not relying on or not using the Services, or by Your using or relying on them in an unreasonable way): a. missing a

deadline; or b. You (or someone on Your behalf) suffering loss by reason of inaccuracy or incompleteness of any information or data provided to You; or c. You suffering a business loss or being unable to undertake any business activity; or d. a third party making a claim against You; or, e. a government or regulatory authority imposing a fine, penalty or obligation on You.

Consumer Rights Act 2015

  1. Nothing within these terms and conditions is intended to limit the rights of a Consumer within the meaning of the Consumer Rights Act 2015. Reliance on these terms and conditions
  2. We intend to rely on these Terms as being the terms and conditions of the contract between You and Us. Any changes to the terms and conditions that You wish to make should be put in writing but no changes will be made to these terms and conditions without Our written agreement.
  3. We reserve the right to change these terms and conditions at any time and any changes will be posted on our Website. Your continued use of our Website after such notification shall constitute Your acceptance of those terms.

Indemnity

  1. You agree to indemnify, defend and hold Us (including Our shareholders, officers, directors, employees, agents and suppliers) harmless from any and all claims or demands including those made by any third party due to or arising out of Your use of the Vouch Portal, Dashboard, Website, Our Services or any person using Your Login Information with or without Your consent.

Copyright and Trade Marks

  1. Copyright in the Website, Vouch Portal and Dashboard (including all text, graphics, logos and software) may be owned or licensed by us and information procured from a third party may be the subject of copyright owned by that third party. Except as expressly authorised by Us in writing You may not adapt, reproduce, store, distribute, print, display, perform, publish or create and derivative works from any part of Our Website, Vouch Portal or Dashboard or from any information obtained from the Vouch Portal; or commercialise any

information, products or services obtained from the same. The Vouch Portal may include trademarks owned by us including, but not limited to the Vouch trade mark and You must not use any of our trade marks for any purposes whatsoever.

Confidentiality

  1. Unless We agree otherwise in writing, You are provided with access to the Vouch Portal for Your use only and You may not without our written permission sell information obtained from the Vouch Portal to any third party.

Security

  1. No data transmission over the Internet can ever be guaranteed as wholly secure and whilst We endeavour to protect all such information, We do not guarantee or warrant and cannot ensure the security of any information which You transmit to us and any information which You do transmit to us which is always at Your own risk.

Law and jurisdiction

  1. The validity, construction and performance of this contract shall be governed by English law and be subject to the exclusive jurisdiction of the English courts to which Vouch and You submit.

Third Parties

  1. For the purposes of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to, and does not give any person who is not a party to it the right to enforce any of its provisions.

Commissions

  1. Landlord/Agents and We (Vouch) may from time to time receive a referral payment in relation to additional products or services promoted to you, including but limited to: utility and broadband providers, insurance and deposit replacement, which You may subsequently purchase. You are under no obligation to purchase any of these products or services.
  2. If You have any questions or comments about these terms and conditions, or you wish to make a complaint, please contact us:
    • a. by post to: Vouch, Lower Ground Floor, Globe Works, Penistone Road, Sheffield, S6 3AE
    • b. by email at: enquiries@vouch.co.uk
    • c. by telephone on: 03300531755

 

Guarantor

Use of information provided by You

  1. Vouch is a Data Controller as defined in the Data Protection Act 2018.
  2. To verify Your Guarantor Application, Vouch will need to share personal data with the third parties listed below and the Landlord /Letting Agent. Where it is necessary to do so we will comply with all aspects of GDPR and the Data Protection Act 2018.
  3. Our data protection policy is available at www.vouch.co.uk and is incorporated in these terms and conditions.
  4. Should it be necessary for Vouch to transfer Personal Data overseas, this information will only be shared within the EEA. Any such transfers will be made in full compliance with the Data Protection Act 2018.
  5. In order to complete Your Guarantor Application, we will consult with a number of sources to verify the information that You provide. The parties with whom it may be necessary for Vouch to share information relating to Your application may include but are not limited to:
    1. Your family, associates and representatives;
    2. your or our professional advisors and consultants;
    3. financial organisations;
    4. credit reference agencies;
    5. debt collection and tracing agencies;
    6. employment and recruitment agencies;
    7. central government.
  6. You understand that Vouch may approach third parties including those listed in clause 5 above and will use “performance of a contract” as the legal basis for this.
  7. You understand that Vouch may consult with a licensed credit reference agency regarding Your Guarantor Application. You understand that Vouch may share such Personal Data with the credit reference agency as is necessary to carry out a search.
  8. You accept that a credit reference agency may record the results of any search conducted in relation to Your Application.
  9. You accept that the credit reference agency search may show how You conduct payments with other entities. You accept that from time to time this information may also be used for debt tracing and fraud prevention.
  10. You may request the name and address of the credit reference agency Vouch use to conduct a search and You may also ask for a copy of the information provided to Vouch as a result of that search.
  11. The personal information we have collected from you will be shared with fraud prevention agencies who will use it to prevent fraud and money-laundering and to verify your identity. If fraud is detected, you could be refused certain services, finance, or employment. Further details of how your information will be used by us and these fraud prevention agencies, and your data protection rights, can be found by Cifas.
  12. You understand that Vouch may contact Your referees using Personal Data which has been provided by You in the Application for the purposes of allowing Your referees to verify and/or provide information about Your earnings and income, dates of employment and previous tenancies. You also confirm that You have their permission for us to contact them in order for us to obtain Your references.
  13. Information may be sent to You or Your nominated referee(s) by email and SMS. This information will only be such as is necessary to identify You and You confirm You are aware that the information sent electronically cannot be guaranteed to be secure.
  14. As a result of the information You provide to Vouch and that Vouch obtains from third parties in connection with Your Guarantor Application, You understand that Vouch may pass on all such information to the Landlord and/or Letting Agent.
  15. You accept that the results of such checks and searches that have been carried out by or for Vouch in connection to Your Guarantor Application may be accessed in the future by Vouch if the prospective tenant applies for a tenancy again through Vouch.
  16. The decision as to whether or not to accept Your Guarantor Application rests with the Landlord or Letting Agent.
  17. Vouch accepts no liability for any loss suffered by You in the event Your Guarantor Application is successful.
  18. You accept that Vouch cannot guarantee the accreditation status of the Landlord nor can Vouch guarantee that the Landlord or the Letting Agent acting on the Landlord’s behalf holds any licences or certification as may be required by law including but not limited to a HMO Licence.
  19. By ticking the box below You confirm that You have read and agree to these terms and conditions.
  20. You may withdraw Your Guarantor Application at any time until the prospective tenancy is entered into.
  21. In order to be able to access the Vouch Portal, You may need to use Your Login Information. You must not disclose Your Login Information to any person outside Your Agency and not authorised to use the Vouch Portal on Your behalf or otherwise allow any person to access the Vouch Portal using Your Login Information.
  22. You must not access or use the Vouch Portal for any purpose that is prohibited by these Terms or is otherwise unlawful.
  23. You must maintain Your own firewalls and anti-virus software when accessing the Vouch Portal so as not to expose You to the risk of a virus or malicious software. We do not accept responsibility for any damage to Your PC or computer system which arises in connection with Your use of the Vouch Portal.
  24. We reserve the right to immediately terminate Your access to the Vouch Portal if You are in breach these Terms. (Clause 24 and Clause 25 refers)
  25. We accept no responsibility for the accuracy of the information provided in an Application and any liability for inaccurate, false or fraudulent information rests with the provider of that information, whether that be the Prospective Tenant, Guarantor, Referee or a third party provider of information.
  26. We will not be liable to You in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by You
  27. Our credit reference agency search all the available data sources and provide the most up to date accurate data currently available, in very rare circumstances it is possible that an individual’s adverse credit data cannot be traced. In such circumstances Vouch shall not be held liable to You in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by You: a. of an indirect or consequential nature; nor b. for any economic loss or other loss of turnover, profits, business or goodwill.
  28. Nothing within these terms and conditions is intended to limit the rights of a Consumer within the meaning of the Consumer Rights Act 2015.
  29. We intend to rely on these Terms as being the terms and conditions governing the relationship between You and Us. Any changes to the terms and conditions that You wish to make should be put in writing but no changes will be made to these terms and conditions without Our written agreement.
  30. We reserve the right to change these terms and conditions at any time and any changes will be posted on our Website. Your continued use of our Website after such notification shall constitute Your acceptance of those terms.
  31. You agree to indemnify, defend and hold Us (including Our shareholders, officers, directors, employees, agents and suppliers) harmless from any and all claims or demands including those made by any third party due to or arising out of Your use of the Vouch Portal, Dashboard, Website, Our Services or any person using Your Login Information with or without Your consent.
  32. Copyright in the Website, Vouch Portal and Dashboard (including all text, graphics, logos and software) may be owned or licensed by us and information procured from a third party may be the subject of copyright owned by that third party. Except as expressly authorised by Us in writing You may not adapt, reproduce, store, distribute, print, display, perform, publish or create and derivative works from any part of Our Website, Vouch Portal or Dashboard or from any information obtained from the Vouch Portal; or commercialise any information, products or services obtained from the same. The Vouch Portal may include trademarks owned by us including, but not limited to the Vouch trade mark and You must not use any of our trade marks for any purposes whatsoever:
  33. Unless We agree otherwise in writing, You are provided with access to the Vouch Portal for Your use only and You may not without our written permission sell information obtained from the Vouch Portal to any third party.
  34. No data transmission over the Internet can ever be guaranteed as wholly secure and whilst We endeavour to protect all such information, We do not guarantee or warrant and cannot ensure the security of any information which You transmit to us and any information which You do transmit to us which is always at Your own risk.
  35. The validity, construction and performance of this contract shall be governed by English law and be subject to the exclusive jurisdiction of the English courts to which Vouch and You submit.
  36. For the purposes of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to, and does not give any person who is not a party to it the right to enforce any of its provisions.

Contact Us

  1. If You have any questions or comments about these terms and conditions, or you wish to make a complaint, please contact us:
    • a. by post to: Vouch, Lower Ground Floor, Globe Works, Penistone Road, Sheffield, S6 3AE
    • b. by email at: enquiries@vouch.co.uk

c. by telephone on: 03303337272