TERMS AND CONDITION

PLEASE READ THESE TERMS ALONG WITH THE PRIVACY POLICY CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR OBLIGATIONS WHEN USING 1stpropertymanagement.co.uk

This offer is conditioned on your agreement to be bound by all the terms and conditions contained in these Terms and Conditions and Privacy Policy without variation, including policies and terms linked to or otherwise referenced in this Agreement. If you do not agree, you should decline this Agreement, in which case you are prohibited from accessing or using 1stpropertymanagement.co.uk.We may change the Terms and Conditions at our discretion by changing them on this Site. The then current version of the Terms and Conditions will apply whenever using 1stpropertymanagement.co.uk.

1.Definitions

In these terms and conditions of business the following expressions shall have the following meaning unless the context otherwise requires:

“Tenant” shall mean any one or more individuals or corporate entities who will be renting a property or room from us. They will be named on the contract and will be responsible for paying the rent.
“Landlord” shall mean any or one individual who is the owner and the decision maker regarding the rental of the property or room.
“Agent/agency” shall mean any one individual or company who is advertising the property on the landlords’ behalf.
“Tenancy agreement” shall mean the entire period that the tenant remains in occupation of the property including any extension or renewal or period of holding over whether by way of memorandum, agreement or otherwise.
“Rent” shall mean any payment to be made by the tenant or the agent(s) of the tenant for use of the property whether expressed to be rent, a premium or any other form of payment, whether paid directly by the tenant or his agent(s) or obtained from other means such as deduction from the deposit.
“1st Property” or “1st Property Management” means 1st Property Management and services any reference to ‘we’, ‘us’, or ‘our’ is a reference to 1st Property.
“Account” shall mean an identity created for a person in a computer or computing system.
“Packages” shall mean services we offer.
“Membership” shall mean a one off online paid package.
“No let no fee “shall mean lettings package we offer.
“Featured listings” shall mean listings that are advertised on all our online property portals and as well as some or all our social media.
“Online agent” shall mean an agent who is available digitally or via phone.
“Deposit” “the deposit payable by the Tenant in respect of the Tenancy (as set out in the Tenancy Agreement).

2. Account registration and payment

You must establish an account with 1st Property to use the Service, except for those portions of the Site which 1st Property allows users to access without registration. You may not transfer or assign your Account and its contractual rights and obligations, to any third party without the prior written consent of 1st Property.
You agree to provide accurate, current and complete information about yourself and or your property as prompted by the registration form and to use the account management tools provided to keep your Registration accurate, current and complete.
Certain aspects of the Service are provided for a fee or other charge. These fees and charges are set forth on this Site. Should you elect to use paid aspects of the Service, you agree to the pricing, payment and billing policies posted on this Site applicable to such fees and charges, plus VAT or other taxes if applicable. 1st Property may add new services from time to time for additional fees and charges, or prospectively amend fees and charges for existing services.
You may cancel your posting on the Service, or the services provided by 1st Property for any reason within 24 hours after the on-line payment for the advertisement and/or such service was made by you. 1st Property will pay you a refund of the fee for the cancelled marketing service subject to a valid reason and provided the cancellation notification was received by 1st Property in writing during the initial 24 hours after the on-line payment for such service was made by you and within working hours 9am –5:00pm. No refund will be given when you receive an enquiry for the posting through the service into your account, within the initial 24-hour period. No refund will be given if you are found to be an estate or letting agent or posing as an owner of a property without the valid authorisation to sell or rent the property in accordance with the Land Registry.

3. Services and packages

All aspects of the Service are subject to change or elimination.

1st Property has the right to change and/or eliminate any aspect(s), features or functionality of the Service as it sees fit at any time without notice, and 1st Property makes no commitment, expressed or implied, to maintain or continue any aspect of the Service. You acknowledge that your use of the Service is subject to this risk and that you knowingly assume it and make your decision to participate in the Service, contribute data either written or photographic (“Content”) and spend money accordingly.
1st Property is a service provider and is not responsible or liable for Content, conduct or services of users or third parties.
You understand that 1st Property is a service provider that enables its users to interact on-line and off-line, display and communicate information and Content chosen by those users, and that users likewise can alter the service environment on a real-time basis. 1st Property does not control or endorse the Content and communications between users or users’ interactions with each other or with the Service.
You acknowledge that you will be exposed to various aspects of the Service involving the conduct, Content and services of users, and that 1st Property does not control and is not responsible or liable for the quality, safety, legality, truthfulness or accuracy of any such conduct, any Content uploaded, published or submitted by users to or through the Service (“User Content”), or user services. You acknowledge that 1st Property does not guarantee the accuracy of information submitted by any user of the Service, nor any identity information about any user. Your interactions with other users and use of User Content and user services are entirely at your own risk.
Users agree that they will indemnify and compensate us for any loss, liability, claim, damage, or expense (including reasonable legal fees and court fees) suffered by us as a result of content that they have included in an advert. This includes, without limitation, reasonable legal and court fees, and any funds which are reversed or charged back by the cardholder or their bank, or which a relevant enforcement body determines must be repaid for purposes related to consumer protection.
You agree that 1st Property has and may exercise the right in its sole discretion to pre-screen, refuse, or delete any User Content or user services from the Service or disable any user’s access to the Service without notice or liability to you or any other party, including upon our belief that such user’s conduct, Content, services, or use of the Service is potentially illegal, threatening, or otherwise harmful to any user or other person or in violation of our Terms and Conditions or other policies.
The Service may contain links to or otherwise allow connections to third party websites, servers, and online services or environments that are not owned or controlled by 1st Property. You agree that 1st Property is not responsible or liable for the content, policies, or practices of any third party websites, servers, or online services or environments. Please consult any applicable terms of use and privacy policies provided by the third party for such websites, servers, or online services or environments.
1st Property may on occasion need to interrupt the Service with or without notice. You agree that 1st Property will not be liable for any such interruption of the Service (whether intentional or not), and you understand and accept that you will not be entitled to any refunds of fees or other compensation for interruption of service.
Likewise in the event of any deletion of data, corruption or data loss, you agree that 1st Property will not be liable for any purported damage or harm arising from that.
1st Property does not guarantee a sale or rental of your property as a result of their services and under no circumstances will fees be refunded if this is not achieved.
1st Property may remove: (1) any property for Rent on this Site after 4 weeks, 4 weeks of its posting on 1stpropertymanagement.co.uk: and (2) any property for Sale on this Site after 4 weeks of its posting on 1stpropertymanagement.co.uk.
1st Property will use all reasonable efforts to respond to your enquiries within a timely manner, and in most cases all queries will be responded to within 48 hours or before.
The publication of the properties on 1st Property partner sites is potentially subject to amendment or cancellation without notice. This is because the partner or third party sites may impose changes, and as such 1st Property cannot guarantee unlimited publication with them.
1st Property cannot guarantee the placement and area of your property. This is governed by Zoopla group on their systems and cannot be changed. The map longitude and latitude is led from the map positioning of a full postcode and 1st Property cannot change this or their system to facilitate individual requests.
Advertising periods will be calculated from the date a property listing is activated and will expire at the end of the advertised period or when the property is let or sold, whichever is sooner.
For landlord packages, the period of four weeks means 28 days from activation and the period of 4 weeks means 28 days from activation. The periods includes bank holidays and other notable holidays as well as time under offer or withdrawn or delay due to ownership verification.
Enquiry levels are set for the Basic and Yellow package at maximum 30 and Blue at 40 and the property will be removed at the discretion of 1st Property, if we feel the enquiry levels have passed this amount. Industry standard is approximately 16 enquiries.
Commercial listings will be advertised on 1st Property and Zoopla website and 1st Property do not supply commercial EPC’s and in the event a residential energy performance certificate (EPC) is purchased a refund will be issued. All leases and heads of terms will be the liability of the landlord and the tenant(s) to check. We strongly advise using a trained legal adviser to assist with this.
We cannot accept all properties on our Risk Free Rent Guarantee Warranty, and NO Let Fee packages. For further information, please contact our office and fill out our online valuation form, to see if it can be accepted.
With our No Let No Fee packages, payment is required on completion of the tenancy not before. Payment is deducted from the first month’s rent once then property has been successfully rented.
For our online packages, payment is due prior to advertisement on our site. Any additional products that you require (such as contracts, featured adverts etc), can be added and paid for once the initial online package has been purchased.

4. Your responsibilities

You agree to pay the fees in full for the services provided by 1st Property and selected by you on 1stpropertymanagement.co.uk and that you will pay such sums before the service(s) commence.
If you have a contractual agreement with an estate agent or any other party, you are solely responsible for adhering to the terms of such agreement. 1st Property will not be liable for any breach of that agreement.
You are responsible for setting the for sale and rental price for your property. 1st Property will not be liable for any incorrect pricing.
You are responsible for any legal documents you need to rent of sell your property, we hold no responsibility.
Areas such as Wales, Scotland and Northern Ireland may have additional requirements for Owners/landlords beyond those stipulated for other regions.
- Where such requirements exist (including but not limited to those specified in this section), it is the landlord’s responsibility to ensure they are compliant.
- Where applicable, landlords in Scotland must be compliant with registration requirements including those specified under:
- The Antisocial Behaviour etc. (Scotland) Act 2004.
- The Housing (Scotland) Act 2006 relating to houses in multiple occupation.
- The Housing (Scotland) Act 2006 and the Tenancy Deposit Schemes (Scotland) Regulations 2011 (relating to tenancy deposits).
- The Repairing Standard as contained in the Housing (Scotland) Act 2006.
- Section 30A of the Housing (Scotland) Act 1988 (providing the tenant with a Tenant Information Pack).
You are required to arrange and conduct the viewings of the property advertised by you on 1st property website. 1st Property have no responsibility for vetting potential tenants and buyers and this is solely your responsibility. You are solely responsible for your safety during viewings.
You agree to contact 1st Property to advise us of any changes to the status of your property, e.g. sold, let agreed or under offer. This will enable potential buyers/ potential tenants to have accurate information about the property and will also stop any unnecessary interest.
You must respond to enquiries from potential tenants and buyers in a timely manner (within a 24 hour period). 1st Property reserves the right to remove your property from the portals if you fail to respond to an enquiry within 24 hours. if you do not respond or 1st Property receives 2+ complaint from potential buyers and tenants, 1st Property may remove your property as a result of not responding to enquiries with 24 hours.
You will forfeit any refund if it is found that a registration for any of 1st Property services is made by a Letting Agent or Estate Agent without providing proof of Redress scheme and Client Money Protection.
You will need on request or after your order is placed to provide proof of ownership such as:
mortgage statement, utility bill, insurance document or bank statement. 1st Property Management have the right to remove the property of property portals and 1stpropertymanagement.co.uk if the documentation is not received.
ID and user verification at 1st Property we take security very seriously and try to avoid any kind of misuse or fraudulent activity to protect its users and property owners and we ask all property advertisers to email us ID such as: driving licence, passport or similar to verify.
To comply with Anti Money Laundering legislation, we must carry out identity checks on our clients. To complete the checks, we may require you to supply supporting information and evidence (normally copies of either a passport or driving license and a utility bill). Failure to supply requested information may result in the termination of any service without refund of any monies paid and possibly in the involvement of the relevant authorities if we deem the circumstances suspicious.
Sales properties only: From 26th June 2017 we are required to carry out anti-money laundering checks on buyers. A ‘prospect’/’enquirer’ becomes a ‘buyer’ if they make an offer, and that offer is accepted by a you. If you receive and accept an offer for your property directly from a prospect (i.e. they have not submitted their offer through us) you must let us know about it in order that we can carry out the required checks.
You understand and accept that we may undertake a search with Experian or other providers for the purposes of verifying your identity. To do so the search providers may check the details you supply against any particulars on any database (public or otherwise) to which they have access. A record of any search will be retained.
As part of the service all users must adhere to this request and if not supplied 1st Property reserve the right to remove your property and you will forfeit the fee.

5. You agree that you will not:

When creating a listing you will not publish your house or flat number and will disclose this information to prospective buyers and tenants when necessary and at your own risk.
List multiple adverts for the same property or room or multiple properties or room in the same advert. 1 whole property or room per advert.
Post, display or transmit Content that violates any law, or the rights of any third party including without limitation intellectual property rights;
Impersonate any person or entity without their consent, or otherwise misrepresent your affiliation;
Post, display or transmit Content that is harmful, threatening or harassing, defamatory, libellous, false, inaccurate, misleading, or invades another person’s privacy.
You will not advertise third party services or suppliers through your advert or the marketing material that 1st Property supply.
You will not link to third party adverts or external links within 1st Property sites
Any violation by you of the terms of this section may result in immediate suspension or termination of your Account without any refund or other compensation.
You agree that you will not post or transmit Content or code that may be harmful, impede other user’s functionality, invade other users’ privacy, or surreptitiously or negatively impact any system or network.
You agree to respect both the integrity of the Service and the privacy of other users. You will not:
- Post or transmit viruses, Trojan horses, worms, spyware, time bombs, cancel bots, or other computer programming routines that may harm the Service or interest or rights of other users, or that may harvest or collect data or personal information about other users without their consent;
- Post or transmit unsolicited or unauthorised advertising, or promotional materials, that are in the nature of “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation that 1st Property considers to be of such nature; If including this content would be a breach of applicable data protection or privacy legislation. If using this content would infringe the Intellectual Property Rights of another party.
Attempt to gain unauthorised access to any other users’ Account and/or Registration Details.
- Any violation by you of the terms of this section may result in immediate suspension or termination of your Account without any refund or other compensation.
- Enquiry levels, if 1st Property have handled over 30 enquiries and the property listing is still not let, we do reserve the right to restrict marketing and investigate the reason for the property not being let whether that may be the listing not stating restrictions such as professionals only, no sharers etc, the property not being descriptive enough, the photos not showing a true perspective of the property and any other variants that may mislead enquirers. We will stop marketing until the property is updated or indefinitely if we feel our users/tenants are being misled or the property does not present a good standard of living.

6. Copyright

All designs, graphics, text and other material on this site is the copyright of 1st Property or other third parties. Without our written permission, all alteration, modification and republication is strictly prohibited.

7. Recommendation offers

Please note that once you have informed us that you have a friend, family and referral member that would like to rent the property or room from us, we will give you a gift voucher quoted on this site of your choice from a company that offers vouchers. This will be given 14 days after we have successfully rented the property and is only available on our Online agent and No let no fee packages. The amount of the voucher will depend on the amount that is quoted on the site. For more information, please contact our office.

You can fill in the referral form or send us a message on the contact us section from this site, with the details of the individual you have recommended. Alternatively, you can call the office, and you will be provided with a reference.

8. Early departure of the tenant

Should the tenant leave the property with or without the Landlord’s consent, prior to the expiration of the tenancy, it is your responsibility to take the appropriate legal action to recover any outstanding rent or compensation from the tenant unless you have a Package that includes these services.

We will not allow For Sale or Let boards from other parties or agent or third party advertising. If an ad or photos show any other agency, 1st Property reserve the right to remove the image or blur out any other trademarks or branding.

9. Referencing and tenant checks

Agents/landlords can request 1st Property to do referencing on the potential tenant, we will use partner companies or third party referencing companies.

For Risk free rent guarantee, tenants will have to pass our referencing criteria.

Regardless of any advice provided in the course of referencing or otherwise, the agent/ landlord will be responsible for conducting any ID, visa or other member required under Right to Rent legislation.

10. Admin fees/ deposit

Landlords/ agents who advertise on our website agree not to charge any Default Fees to tenants except for those that would be classed as Permitted Payments under the Tenant Fees Act 2019.

Any landlord/ agents who takes a Holding Deposit from a tenant found using 1st Property services agrees to treat all Holding Deposits in accordance with the Tenant Fees Act 2019. This includes limiting Holding Deposits taken to a maximum of one week’s rent, and not taking a second or subsequent Holding Deposit for a property until all previous Holding Deposits taken have been returned.

Landlords who advertise a property in England or Wales on our website agree not to charge a tenancy deposit in excess of the limits set out under the Tenant Fees Act 2019.

If a landlord breaches any of the terms in this clause, we reserve the right to suspend their account/ membership with us.

11. Offer and acceptance of holding deposits

When a tenant to reserve or take the property/ room off the market, they will be required to pay a Holding Deposit (reservation) of one week’s rent to initiate the process (‘the Offer’).

The landlord will be notified as soon as this happens and has full discretion whether to reject the Offer, to request further steps (including but not limited to requiring referencing or checking the tenant’s right to rent), or to ask the tenant to sign the Tenancy Agreement. If the tenant adds further tenants or guarantors, or asks the landlord to do so, this constitutes a declaration that each new party added will co-operate with the application process in the same way as the tenant (where applicable).

If the landlord rejects the Offer or does not proceed within 96 hours of the Offer being made, the Holding Deposit will be refunded to the tenant.

If the landlord chooses to proceed with the tenant’s offer, the property advert will be placed as “Under offer” in searches on 1st Property site until the Agreement has been signed.

For the avoidance of doubt, if the landlord proceeds with the application following the Offer, this does not in itself constitute as a Tenancy Agreement.

Once the Offer has been made, the landlord has the option to order referencing through 1st Property. Where partner or third party referencing companies provide a recommendation of the applicant’s suitability, this recommendation is for information purposes only and is not binding on the parties involved.

By paying the Holding Deposit, the tenant agrees to the following:
- The tenancy will begin on the date the tenant specifies when beginning their application, except where otherwise agreed in writing with the landlord.
- If the landlord and the tenant enter into a tenancy agreement relating to the Property, the amount of the Holding Deposit will be put towards the first payment of rent under the tenancy.
- The tenant will be taking the property ‘as seen’, except where otherwise agreed in writing with the landlord.
The tenant will sign our standard contract, a sample copy of which is available upon request, except where specific additional clauses or changes have been explicitly agreed in writing with the landlord in advance of the clauses, or changes, being added to the contract.

The government’s How to Rent Guide and other relevant documents will be provided to the tenants.

The deadline for agreeing this tenancy will be determined flexibly by the requirements of the tenancy in question and the wishes of the landlord and prospective tenant. 1st Property will not hold the Holding Deposit any longer than is necessary for the tenancy to be satisfactorily agreed between the parties involved.
If the landlord decides not to enter into a tenancy agreement relating to the Property, then subject to the requirements of any relevant legislation, the Holding Deposit will be returned to the tenant within 5 working days unless one or more of the following applies:
- The tenant notified the landlord, agent, or us in writing, after the landlord chose to proceed following the Offer, that the tenant had decided not to continue their application to rent the property.
- The tenant provided materially false or misleading information to the landlord, or us. Since information provided to our referencing partners or third party companies used will be shared with both 1st Property and the landlord, the tenant acknowledges that materially false information provided to us or our referencing partners/ companies will be grounds for their Holding Deposit not to be returned.
The landlord had taken all reasonable steps to enter into a tenancy agreement, but the tenant failed to take all reasonable steps to enter into a tenancy agreement.
The landlord is prohibited by section 22 of the Immigration Act 2014 (persons disqualified by immigration status) from granting a tenancy of the housing to the tenant, and the landlord did not know, and could not reasonably have been expected to know, that the prohibition applied before the Holding Deposit was accepted.
If the tenant pulls out of the application (or we have reason to believe this may be the case), we reserve the right to resume marketing the property until it is clear that the tenant still wishes to proceed.
If there is one or more grounds for not returning the Holding Deposit to the tenant as outlined in these Terms and under the relevant legislation, 1st Property will where appropriately pay the Holding Deposit to the landlord as compensation for the tenant’s abandoned offer and any associated costs and lost profits incurred. However, landlords using the 1st Property website agree that the decision of whether or not to pay the Holding Deposit (or any part of it) to the landlord will be at 1st Property sole discretion and no discussion will be entered into once 1st Property has made this decision.
We cannot accept a holding deposit if it has been paid to the landlord directly (if this happens, we hold no responsibility/ liability or interest of the holding deposit or the offer the tenant has made directly to the agent or landlord). By making an Offer, tenants are declaring that they have not already paid a holding deposit for the property, or if they have paid such a holding deposit, that it has been refunded in full.
Where funds have been paid to us in relation to a 1st Property tenancy application, but the requirements of the service are not met in relation to this tenancy, 1st Property will, at our sole discretion, determine whether to return the Holding Deposit and any other funds held by 1st Property in relation to the tenancy to the tenant, or pay some or all of these funds to the landlord.

12. Tenancy agreements

Any acceptance by the landlord of a tenant’s Offer (as described under Offer and Acceptance of Holding Deposits) should be subject to contract. To complete the tenancy by signing of the tenancy agreement.

You are responsible for recognizing the parties of interest in all transactions you complete using the service and assessing all associated risks.

13. Tenancy deposits & rent payments

Deposit management: If you are letting your property through 1st Property and are not taken advantage of the full management option it is your legal requirement to lodge the deposit within 30 days of receiving the funds. As a landlord you must put your deposit in a government-backed tenancy deposit scheme. If you rent your home on an assured shorthold tenancy that started after 6 April 2007. In England and Wales your deposit can be registered with one of the three deposit protection schemes government backed: Deposit Protection Service , My Deposit Scheme , Tenancy Deposit Scheme
For tenancies created by 1st Property, we will collect the Deposit and give the landlord the option of registering the deposit (if chooses to then we hold no responsibility or liability of the deposit) or if he/ she would like us to do it on his/her behalf.
1st Property will also process payment of the first month’s rent. Once received in full by us, this payment will be held by Us until the tenant is satisfactorily moved into the premises to a maximum of 5 working days from the beginning of the Term, after which it will be paid to the landlord (subject as follows).
The landlord must provide 1st Property with UK bank details and a valid account ID for their account with the Deposit agency used for the tenancy. Until these items are received in full, the process cannot be completed, and we reserve the right to take all reasonable decisions in relation to how such funds should be treated, including but not limited to holding the first month’s rent payment until the details required have been provided in full.
1st Properties outstanding fees will be deducted from the first month’s rent that is transferred to the landlord where applicable (for example, where the landlord has not pre-paid for use of the online packages chosen).
Subsequent instalments of rent will be paid by the tenant when they become due according to the tenancy agreement, subject to the following:
- The tenant will make these payments to us unless the landlord notifies us and the tenant that they wish for rent to be paid to a different bank account.
- Once received by us, rent payments for each month’s rent will be paid to the bank account nominated by the landlord of the property.
1st Property will endeavour to make this payment to the landlord within 48 hours of being received (excepting the first month’s rent at the start of the tenancy). However, 1st Property is unable to guarantee that a payment will be made on or by a particular date in all circumstances.
1st Property will not charge the tenant for this rent collection service.
If the landlord owes money to us (for monthly subscription, membership, services or otherwise), these payments will be deducted from the rent before it is paid to the landlord.
If the landlord wishes for rent payments to be made to a different bank account rather than being collected by us, they can notify us and the tenant via their email, if there is any outstanding fees or commission owed to us, this will be deducted.
1st Property can only make payment to a valid, UK-based bank account that can be uniquely identified by its sort code and account number.
In operating this service 1st Property will make its best efforts, however we (including our affiliates, officers, directors, agents, sub-contractors, and employees) will not be liable to you in contract, tort (including negligence) or otherwise for any liabilities, damages, or losses (whether direct, indirect, consequential, special or otherwise) incurred or suffered by you or any third party in connection with its use.
If 1st Property transfers any funds to your account in error for any reason, you agree to repay 1st Property in full for any sum paid in error, such repayment to be made as soon as practically possible. This includes any overpayment where the sum transferred to you by 1st Property is in excess of the amount properly due.

14. Intellectual property rights

Unless otherwise agreed, the rent quoted to a tenant by us on your behalf will be inclusive of all outgoings for which you are liable as a landlord such as ground rent, service charges etc, but will exclude gas, electricity and other fuel charges, telephone, water rates and council tax (or any charge that may replace it) which are payments for which the tenant is in most circumstances responsible for.
You retain any and all intellectual property rights you already hold under applicable law in Content you upload, publish, and submit to or through the Service, subject to the rights, licences, and other terms of this Agreement.
In connection with Content that you upload, publish, or submit to any part of the Service, you affirm, represent and warrant that you own or have all necessary intellectual property rights, licences, consents, and permissions to use and authorise 1st Property to use the Content in the manner as contemplated by the Service and these Terms and Conditions.
You agree that by uploading, publishing, or submitting any Content to or through the Service, you hereby automatically grant 1st Property a non-exclusive, worldwide, royalty-free, non- transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform the Content solely for the purposes of providing and promoting the Service
1st Property owns the intellectual property rights in and to the Service, (including the content of the Site and all documentation provided by/for sale from 1st Property ), except for all User Content, and in and to our trademarks, service marks, trade names, logos, domain names, taglines, and trade dress (collectively, the “1st Property Marks”).
1st Property hereby grants you a non-exclusive, non-transferable, limited, revocable licence to access and use the Service for the promotion and advertising of property for sale and/or to let as set forth in the Terms and Conditions and expressly conditioned upon you and of your Account remaining active, in good standing, and in full compliance with these Terms and Conditions. Additional terms may apply to certain elements of the Service, these terms are available where such separate elements are made available on the Site.
You agree that you will not upload, publish, or submit to any part of the Service any Content that is protected by intellectual property rights or otherwise subject to proprietary rights, including trade secret or privacy rights, unless you are the owner of such rights or have permission from the rightful owner to upload, publish, or submit the Content and to grant 1st Property all of the license rights granted in these Terms and Conditions.

15. Privacy and your personal information

We are committed to protecting your privacy and will use your information only as described in our Privacy Policy.
Our Privacy Policy sets forth the conditions under which you provide personal and other information to us. You understand and agree that through your use of the Service you consent to the collection and use of your information in accordance with our Privacy Policy. If you object to your information being used in this way, please do not use the Service.

16. Liability and indemnification

1st Property is NOT liable for its users’ actions, and you release 1st Property from any claims relating to other users.
You agree not to hold 1st Property liable for the Content, actions or inactions of other users. As a condition of access to the Service, you release 1st Property (and its officers, directors, shareholders, agents, subsidiaries, and employees) from claims, demands, losses, liabilities
and damages (actual or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have or claim to have with one or more users, including whether or not 1st Property becomes involved in any resolution of the dispute.
1st Property provides the Service and your Account strictly on an “as is” basis, and hereby expressly disclaims all warranties or conditions of any kind, written or oral, including without limitation the fitness of the Service for a particular purpose.
1st Property do not ensure continuous, error free, secure or virus-free operations of the Service or your Account, and you understand that you will not be entitled to refunds or other compensation based on 1st Property failure to provide any of the foregoing other than explicitly provided in this Agreement.
In no event shall 1st Property or any of its directors, officers, employees, shareholders, subsidiaries, agents or licensors be liable to you or to any third party for any special, incidental, indirect, consequential damages, including without limitation any damages for lost data or lost profits, arising (whether in contract, tort, or otherwise)out of or in connection with the Service (including its modification or suspension) your Account (its termination or suspension) or this Agreement, whether or not 1st Property may have been advised that any such damages might or could occur.
In no event will 1st Property cumulative liability to you exceed £400.00. 1st Property is not liable for faults or errors to property listings on our partner sites. 1st Property shall not be liable for faults or errors to property listings on our partner/ third party sites e.g. Zoopla, Prime Location, etc. We will, however, use all reasonable efforts to rectify any problem in a timely manner after notification by you of such a problem.
You agree to indemnify 1st Property from claims relating to your use of the Services. At 1st Property request, you agree to defend, indemnify and hold harmless 1st Property, its officers, directors, shareholders, employees, subsidiaries, and agents from all damages, liabilities, claims, expenses, including without limitation lawyers’ fees and costs arising from: (1) any breach by you of this Agreement, including without limitation your representations and warranties relating to your Content; or (2) your acts, omissions or use of the Service, including without limitation your
negligent, wilful or illegal conduct.
You acknowledge that your participation in the Service, including your creation or uploading of Content in the Service, does not make you a 1st Property employee and that you do not expect to be compensated by 1st Property for such activities, and you will make no claim inconsistent with these acknowledgements. In addition, no agency, partnership, joint venture, franchise relationship is intended or created by this Agreement.
Certain content, components or features of the Systems may include materials and/or services from third parties and/or hyperlinks to other web sites, resources, or Content. Because 1st Property may have no control over such third party sites, services and/or materials, you acknowledge and agree that 1st Property is not responsible for the availability of such sites, services or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, Systems or materials on or available from such sites or resources. You further acknowledge and agree that 1st Property shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such content, advertising, systems or materials on or available from such sites or resources.
You may terminate this Agreement by closing your Account at any time for any reason. In such event, 1st Property shall have no further obligation or liability to you under this Agreement or otherwise, and you shall be entitled to no compensation or other payment, remedy, recourse, or refund.
1st Property may suspend or terminate your Account if you violate this Agreement. Upon termination of your Account, this Agreement between us will be automatically terminated and you may not re-subscribe to the Service. You will not be entitled to compensation for such suspension or termination, and you acknowledge 1st Property will have no liability to you in connection with such suspension or termination.
If 1st Property elects to generally suspend or discontinue the Service, in whole or in part, for any reason, 1st Property may suspend or terminate your Account. In such event you will not be entitled to compensation for such suspension or termination, and you acknowledge 1st Property will have no liability to you in connection with such suspension or termination.

17. Legal Jurisdiction

This Agreement shall be governed by and is construed in accordance with English law and 1st Property, and you irrevocably agree that any dispute arising out of or in connection with this Agreement will be subject to and within the jurisdiction of the English courts.

18. Complaints

1st Property aims to provide a high level of customer service and to treat all users of the Service in a fair and honest way. In the event of a complaint, please send an email at your earliest convenience to info@1stpropertymanagement.co.uk alternatively, we can be contacted by telephone +44(0)203 9849146 (our lines are open 10.00 am- 7pm (UK Time) Monday to Friday.

The postal address for 1st Property is 1st Property, 86-90 Paul Street, London, EC2A 4NE.

19. General Provisions

This Agreement constitutes the entire agreement between us relating to the Service and supersedes all prior communications, understandings, and agreements (whether written or oral) relating to the subject matter hereof. This Agreement may not be modified except by 1st Property as provided for
in Section 1.

The invalidity or unenforceability of any provision of this Agreement shall not affect the continuation in force of the remainder of this Agreement.
The section headings used herein, including descriptive summary sentences at the start of each section, are for convenience only and shall not affect the interpretation of this Agreement.
We agree to provide each other with notices in a specified manner.
1st Property may give notice to you by electronic mail to your email address in our records, or by mail to the address on record for your Account. All notices given by you or required under this Agreement shall be mailed to us at 1st Property is 1st Property, 86-90 Paul Street, London, EC2A 4NE.
If you do not understand the definitions or any or parts of the terms, please contact us before using 1stpropertymanagement.co.uk and we will be happy to explain them and how to proceed further.

20. Legal Disclaimer

1st Property Management takes all reasonable care to ensure that the information contained on this website is accurate, however, we cannot guarantee its accuracy and we reserve the right to change the information on this website (including these terms and conditions) at any time. You must therefore check these terms and conditions for any such changes each time you visit this website.

1st Property Management makes no representations or warranties of any kind with respect to this website, or the content contained on it, including any text, graphics, advertisements, links, or other items. Furthermore, neither 1st Property Management nor any other contributor to this website make any representation or gives any warranty, condition, undertaking or term either expressed or implied as to the condition, quality, performance, accuracy, fitness for purpose, completeness, or freedom from viruses of the content contained on this website or that such content will be accurate, up to date, uninterrupted or error free. Nothing on this website shall be regarded or taken as financial advice.