Terms of Service
Last updated 09/02/2019
Reading time: 18 min
Please, read these Terms of Service carefully prior to accessing or using any of the Ready Applications: RP Agent and Ready. The Terms contain important information about your legal rights and obligations. Note that by accessing or using any of the above Ready Applications, you agree to be bound by and to comply with the Terms of Service.
The Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between You and READY PROPERTY INTERNATIONAL LIMITED, registered at 300 Vauxhall Bridge Road, London, England, SW1V 1AA ("Ready"), governing your access to and use of the RP Agent and Ready ("Application") which is associated with our services ("Ready Services"). The Application (distributed via App Store and Google Play) and Ready Services together are hereinafter collectively referred to as the "Ready App". Our Privacy Policy, Service Fees page and other Policies applicable to your use of Ready App are incorporated by reference in this Agreement.
Ready reserves the right to amend the Terms at any time. Should the Terms of Service be amended, the amended Terms shall be issued and the “Last Updated” date at the top of the Terms shall be updated respectively.
When "Ready," "we," "us," or "our" is mentioned in the Terms, the company you are contracting with is referred to – READY PROPERTY INTERNATIONAL LIMITED.
Our collection and use of personal information in connection with your access to and use of Ready App is described in our Privacy Policy.
Agents are solely responsible for identifying, understanding and complying with all laws, rules and regulations that apply to their Proposals. It is Agents' sole responsibility to identify and obtain any required licenses, permits, or registrations for any Accommodation(s) they offer. Should you have any questions regarding the way local laws apply to your Accommodation(s) and Proposal(s) on Ready App, you should always seek legal guidance.
Table of Contents
1. Scope of Ready Services
2. Eligibility and User Verification
3. Account Registration
4. Content and Intellectual Property Rights
5. Payment Terms and Service Fees
6. Specific terms for Agents
7. Specific terms for Clients
8. Disclaimers
9. Indemnification
10. Governing Law and Dispute Resolution
11. Communications
12. Severability
13. Contact us
1.
Scope of Ready Services
1.1 Ready App is an online marketplace that enables registered users "Agents" and "Clients" (together referred to as the "Users") to submit and to search for real estate proposals for rent and purchase and to schedule and to arrange property viewing. In particular, Agents are the Users that can submit real estate proposals for rent and purchase ("Proposals") in Ready App, communicate and meet directly with their potential Clients – the Users that are seeking to rent or to purchase real estate under Agents’ Proposals. For the purposes of the Terms, the Clients are clients of Agents in their legal and other relations, not clients of Ready. Proposals may include the offering of properties ("Accommodations") for rent and purchase. Should a Client be interested in any Proposal of a particular Agent, they may arrange the viewing of the relevant Accommodations using Ready App.
1.2 Should the Client decide to rent or purchase the Accommodation(s) proposed, the Users may arrange a meeting for a real estate viewing by means of Ready App ("Viewing"). The Client may book for a Viewing a half-hour slot that is available in the Agent’s profile. Should the Agent confirm a booking, the Users shall hold a meeting at the time and place agreed or give a prior notice on changing or cancelling the arrangement.
1.3 When Users arrange a property viewing using Ready App, Ready is not responsible for the actual meeting of Users at the time and place agreed using Ready App. Ready provides the services that enable Users to agree upon the place and date of a property viewing exclusively and on no account guarantees that such property viewing will take place. Users are solely responsible for the failure to meet and all the financial and physical damage.
1.4 When Clients make or accept a booking, they are entering into an agreement directly with owners of the offered real estate ("Landlords"). Ready is not and does not become a party to or other participant in any contractual relationship between Users, nor is Ready a real estate agent or insurer. Ready is not acting as an agent in any capacity for any User.
1.5 Ready does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Accommodations or Proposals. Agents are solely responsible for their Proposals, including but not limited to the actuality and credibility of information relating to the ownership, address of Accommodations, their condition and correspondence of photos to the real appearance of Accommodations. Ready has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Proposals, (ii) the truth or accuracy of any Accommodations descriptions, Ratings, Reviews, or other User Content (as defined below), or (iii) the performance or conduct of any User or third party.
1.6 The Services may be made available or accessed in connection with third-party websites or resources ("Third-Party Services") that Ready does not control. Ready App may contain links to such Third-Party Services. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Ready does not endorse such third-party services and content and on no account shall Ready be responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. As soon as you follow the link of such Third-Party Services, included but not limited to the verification or payment services, you are subject to the Terms of Service and Privacy Policy of such Third Parties. On no account is Ready responsible or liable for any personal data processed by such Third Parties.
1.7 Due to the nature of the Internet, Ready cannot guarantee the continuous and uninterrupted availability and accessibility of Ready App. Ready may restrict the availability of Ready App or certain features thereof, should it be necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of Ready App. Ready may improve, enhance and modify Ready App and introduce new Ready Services from time to time.
2. Eligibility and User Verification
2.1 You may use Ready App only after registering an account. To register an account and to use the Application you must be at least 16 years old. When you register an account and use Ready Services, you hereby declare and warrant the following: (1) according to your local jurisdiction, you are eligible to enter into the Agreement; (2) according to your local jurisdiction, you have no restriction on using Ready Services; (3) you comply with the Terms and with all applicable laws and regulations.
2.2 Ready may make access to and use of Ready App, or certain features of Ready App, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or User’s booking and cancellation history. Agents are entitled to a special procedure of verification conducted by a Third Party. Ready does not in any way control or determine the ways of conducting the verification procedure, nor does Ready receive any information relating to the course of such a procedure. Ready receives only information from the Third Party that conducted the verification procedure whether a particular Agent is verified and may be subject to registration. Ready does not receive your personal data that you provide to the relevant Third Party.
2.3 Ready does not endorse any User, Accommodation, or Proposal. Any references to a User being "verified" (or worded similarly) only indicate that the User has completed a relevant verification or identification process. Any such description is not an endorsement, certification, or guarantee provided by Ready about any User, including the User's identity or background or whether the User is trustworthy, safe, or suitable. You should always exercise due diligence and care when deciding whether to stay in or purchase an Accommodation, accept a tenancy request from a Client, or communicate and interact with other Users, whether online or in person.
2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any User’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or background of Users, (ii) screen Users against third-party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a User, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
3. Account Registration
3.1 You must register an account ("Ready Account") to access and use Ready App. You can register a Ready account using a telephone number and creating a password. You may not register more than one (1) Ready Account unless Ready authorizes you to do so. You may not assign or otherwise transfer your Ready Account to another party.
3.2 If you are registering a Ready Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in the Terms.
3.3 You must provide accurate, current, and complete information during the registration process and keep your Ready App profile and public Ready App profile page information up-to-date at all times. To learn more about the ways we treat personal data, read our Privacy Policy.
3.4 There are two account types in Ready App: Client Account and Agent Account. You should choose one of the account types that corresponds to your purpose of using Ready App.
3.4.1 You should register a Client Account in the "Ready" Application if you want to search for a property for the purpose of renting or purchasing it. In order to register a Client Account, you need to provide certain personal data.
3.4.2 You should register an Agent Account in the "RP Agent" Application if you want to submit tenancy and purchase Proposals in order to communicate and meet with potential Clients. If you are not an owner of the proposed property, you represent that you are duly authorized to act on behalf of the Landlords – owners of the proposed property. In order to register an Agent Account, you have to pass preliminarily a verification procedure described in detail in paragraph 2.2 of the Terms. The verification procedure may take up to 7days. The result of the verification procedure will be sent to you via e-mail using the following e-mail address: [email protected].
3.5 You are responsible for maintaining the confidentiality of your login credentials that are used for signing up for Ready App, and you are solely responsible for all activities that occur under those credentials. Should you know or have any reason to suspect that someone has gained access to your account, or your credentials have been lost, stolen, misappropriated, or otherwise compromised, please immediately notify Ready using the following e-mail address: [email protected]
4. Content and Intellectual Property Rights
4.1 Ready may, at its sole discretion, enable Users to (i) create, upload, post, send, receive, and store content, such as texts, images, designs, graphics, logos, icons, audio and video clips, downloads, interfaces, code and software, or other materials and information on or through Ready App ("User Content"); and (ii) access and view User Content and any content that Ready itself makes available in Ready App.
4.2 You acknowledge that all copyright and other intellectual property rights in all texts, images, designs, graphics, logos, icons, audio and video clips, downloads, interfaces, code, software, and other materials in Ready App are the property of Ready or are included with the permission of the relevant owner.
4.3 Subject to your compliance with the Terms, Ready grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use Ready App on your personal device(s) in the manner provided for in the Terms; and (ii) access and view any User Content made available in or through Ready App and accessible to you, solely for your personal use.
4.4 The trademarks, logos, characters, service marks, and any other source identifiers of Ready used in or in connection with Ready App and Ready ("Trademarks") are protected trademarks. Nothing contained in Ready App should be construed as granting any license or right to use any trademark used in Ready App. Your use or misuse of the trademarks displayed in Ready App or of any other content in Ready App, except as provided for in the Terms, is strictly prohibited. You are also advised that Ready will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution, for serious offenses.
4.5 You must not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display or perform, transmit, broadcast or otherwise exploit Ready App, except to the extent you are the legal owner of certain User Content or as expressly permitted in the Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Ready or its licensors, except for the licenses and rights expressly granted in the Terms.
4.6 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through Ready App, you grant to Ready a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such User Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content to provide and/or promote Ready App, in any media or platform.
4.7 To promote Ready and to increase the exposure of Proposals to potential Clients, Proposals and other User Content may be displayed on other websites, in applications, in emails, and in online and offline advertisements.
4.8 You are solely responsible for all User Content that you make available in or through Ready App. Accordingly, you represent and warrant that: (i) either you are the sole and exclusive owner of all User Content that you make available on or through Ready App or you have all rights, licenses, consents and releases that are necessary to grant to Ready the rights in and to such User Content, as contemplated under the Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Ready's use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You are solely responsible for all the personal data that may appear in any User Content (such as an address, pictures of any people, their telephone numbers, etc.)
4.9 You must not post, upload, publish, submit or transmit any User Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libellous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances.
4.10 Ready may, but is not obliged to, review whether any User Content violates any intellectual property rights or is such as listed in paragraph 4.9 of the Terms. Ready may, without prior notice, remove or disable access to any User Content that Ready finds to be in violation of the Terms or Ready’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Ready, its Users, third parties, or property.
5. Payment Terms and Service Fees
5.1 Unless indicated otherwise, our Service is free of charge for Clients due to the fact that we will not charge you for our Services or add any additional fees to the rate. You shall pay directly to the Agent the relevant amount as indicated in the Proposal (plus – insofar not included in the price – relevant applicable taxes, levies, and fees (if applicable). Ready is not in any way a party to the payment operations between the Users. All the payments are conducted directly between the Users by means suitable for them. Clients cannot reclaim any payable funds to the Agents from Ready.
5.2 Agents are responsible for paying fees to Ready in consideration for the use of Ready App ("Service Fees"). Should any legal relations, relating to the tenancy, rent, purchase, sale or booking of property published in Agent’s Proposals, arise between an Agent and any other User of Ready App due to the use of Ready Services, the Agent shall send, not later than the 2 business days from the date when the above relations occurred, to Ready at [email protected] a letter, indicating the essential terms of the above legal relations, including a price of tenancy. Subject to the indicated information, Ready will send to Agent an invoice with detailed calculation of the Service Fee due from Agent. Agent shall pay the outstanding amount of the Service Fee within a period of 5 business days from the day of sending the invoice to the Agent’s e-mail. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page
5.3 Ready reserves the right to change the Service Fees at any time, and will provide Clients with adequate notice of any fee changes before they become effective.
5.4 The provisions of this Section and of the Service Fees page do not apply to the extent that you have entered into a separate written agreement with Ready that supersedes some or all of the provisions of these Terms. In particular, the provisions of this Section and of the Service Fees page do not apply to agents, which are parties to any separate agency agreements with Ready.
6. Specific terms for Agents
6.1 When creating a Proposal in Ready App you shall (i) check whether there is already a Proposal offering the same property, and never create a Proposal with the same property; (ii) provide complete and accurate information about your Proposal (such as accommodation description, location, and calendar availability), (iii) disclose any deficiencies, restrictions (such as house rules) and (iv) provide any other pertinent information requested by Ready. You are responsible for keeping your Proposal information (including calendar availability) up-to-date at all times.
6.2 Agents are solely responsible for all the data received from Landlords, including its accuracy and credibility, and for the receipt of Landlord’s consent to its use and distribution. Whether such data is used in a Proposal, Agents are solely responsible for the legal effect of such Proposals as offers.
Should a Landlord claim that the data relating to their property is or was used in Ready App without their due consent or otherwise illegally and requires the recognition of the Contract’s nullity on such grounds, the Ready shall not be involved in such a dispute, given that the responsibility for Landlord’s data usage lies entirely on the Agent.
6.3 Any pictures or photos (collectively "Images") used in your Proposals shall accurately reflect the quality and condition of the real estate specified in your Proposals. Ready reserves the right to require that Proposals have a minimum number of Images of a certain format, size and resolution.
6.4 The placement and ranking of Proposals in search results in Ready App may vary and depend on the rankings of Agents, and other factors, such as search parameters, preferences, requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Proposal, and/or ease of booking.
7. Specific terms for Clients
7.1 When communicating with an Agent using the Ready App, Clients shall provide truthful information relating to them and their intention to rent or purchase an Accommodation.
7.2 You should carefully review the description of any Accommodation you intend to rent or purchase to ensure you meet any minimum age, proficiency, fitness or other requirements that the Agent has specified in the Proposal. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to using the Proposal.
7.3 The placement and ranking of Proposals in search results in Ready App may vary and depend on the rankings of Agents and other factors, such as search parameters, preferences, requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Proposal, and/or ease of booking. Please, note that upon using the Ready Services, you may rate your Agent on the basis of your tenancy or purchase experience.
8. Disclaimers
Should you choose to use Ready App, you do so voluntarily and at your sole risk. The Ready Services are provided "as is" and "as available", without warranty of any kind, either express or implied.
Ready disclaims all representations and warranties, express, implied or statutory, not expressly set out in the Terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, Ready makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. Ready does not guarantee the quality, suitability, safety or ability of Third-Party providers. You agree that the entire risk arising out of your use of the services in connection therewith remains solely with you, to the maximum extent permitted under applicable law.
Ready shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage relating to, in connection with, or otherwise resulting from any use of the services, even if Ready has been advised of the possibility of such damages. Ready shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any Third-Party provider, even if Ready has been advised of the possibility of such damages. Ready shall not be liable for delay or failure in performance resulting from causes beyond Ready’s reasonable control.
Ready shall not be responsible or liable for any in-compliance with any laws, rules or regulations of any of the Users’ Proposals, for any information or personal data provided by the Users, for any failure to conclude and fulfill any Agreement, concluded using Ready App.
9. Indemnification
You agree to release, defend, indemnify, and hold Ready and its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of the Terms or our Privacy Policy, (ii) your improper use of Ready App or any Ready Services, (iii) your interaction with any User, stay at an Accommodation, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction or stay, or (v) your breach of any laws, regulations or third party rights.
10. Governing Law and Dispute Resolution
Except as otherwise set forth in these Terms, the Terms shall be exclusively governed by and construed in accordance with the laws of England and Wales, excluding its rules on conflicts of laws. We recognize that it is possible for You to obtain access to this Website from any jurisdiction in the world, but we have no practical ability to prevent such access. This Website has been designed to comply with the laws of England and Wales. Should any material on this Website, or Your use of the Website, be contrary to the laws of the place where You are when You access it, the Website is not intended for You, and we ask You not to use the Website. You are responsible for informing Yourself of the laws of Your jurisdiction and complying with them.
Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Ready Services or the Terms, including those relating to its validity, its construction or its enforceability (any "Dispute") shall be resolved by means of amicable negotiations directly with the Ready team in accordance with the principles of good faith and cooperation. Should the consensus not be reached in negotiations, the Dispute shall be settled in the courts of England with the applicable substantive law of England and Wales.
11. Communications
11.1 In connection with your use of the Ready Services, we may send you electronically all communications, agreements, documents, receipts, notices, and disclosures which relate to Ready Services. We may provide these communications to you via email, other means of communication that are most suitable for you or via an internal Ready messenger ("Ready Messenger"), which is an integral part of Ready App. The Ready Messenger is designed to support your use of Ready App. By using the Ready Services, you agree to receive messages and push notifications, including those containing any attachments, as listed above, through the Ready Messenger, e-mail, messengers of other social networks and to your phone, subject to the contact information, identified by you. You may unsubscribe from receiving messages from us at any time.
11.2 Users may use Ready Messenger for communications inter se. Users are prohibited to use the inappropriate and abusive language in such communications (for example, use foul language, ask overly personal questions, use verbal threats, make comments that are aggressive, sexual, discriminatory, or disrespectful).
12. Severability
Should any provision of the Terms be held to be invalid or unenforceable under any law, such provision shall be struck and shall not affect the validity and enforceability of the remaining provisions. In such event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of the Terms.
13. Contact us
Should you have any questions or comments about the Terms of Service or Application, please contact us by:
E-mailing us at: [email protected]
Writing to the following address: 300 Vauxhall Bridge Road, London, England, SW1V 1AA.
Disclaimer: The original, legally binding version of this document is composed in English, and may be translated into other languages for the courtesy of our non-English-speaking users. Should there be any discrepancies between the English version and a translated version, the English version supersedes the translated version.