MarketOffer Web Terms & Conditions

1. Introduction

1.1 Welcome to MarketOffer!

1.2 These Web Terms & Conditions ("Web Terms") tell you the terms on which you may use our website. In these Web Terms, the "Site" means marketoffer.co.uk and its subdomains, marketoffer.com for so long as that domain is owned or controlled by us, and any MarketOffer landing page or social media page on which these Web Terms are conspicuously linked or stated to apply. Please read them carefully before use.

1.3 By using the Site, you accept these Web Terms and agree to obey them. If you don't accept them, please don't use the Site.

1.4 Status of these Web Terms and other documents. These Web Terms govern your access to and use of the Site. Our Disclaimer (www.marketoffer.co.uk/disclaimer) forms part of these Web Terms in relation to your use of the Site. Our Privacy Policy (www.marketoffer.co.uk/privacy) explains how we process personal data; it is provided for information and does not form part of these Web Terms.

If you enter into a separate written agreement with us, that agreement governs its own subject matter and prevails over these Web Terms in the event of any inconsistency concerning that subject matter. In particular, any services we supply to a landlord are governed exclusively by the Landlord Terms of Service entered into with that landlord, which define the scope of those services, our authority, the parties' responsibilities, fees, exclusions and liability. Nothing in these Web Terms amends, expands or replaces any separate written agreement.

2. Who We Are and Our Memberships

2.1 MarketOffer is a trading name of Real Marketplace Ltd, a company registered in England and Wales (Company No. 14456959). We are a letting agent and a member of the UK Association of Letting Agents (UKALA), specialising in helping landlords lease residential property to supported living and social housing providers in England.

2.2 We operate a service through which landlords may be introduced to accommodation providers for potential leases. We offer Lease Core, our lease placement service, and where selected the optional Lease Care add-on. The scope, limitations and terms of those services are governed exclusively by the applicable Landlord Terms of Service; these Web Terms do not define, expand or vary them.

Any lease is entered into directly between the landlord and the accommodation provider. MarketOffer is not a party to it, does not lease property itself, and does not purchase property. Unless separately agreed in writing, we do not act for accommodation providers.

Use of the Site, or submission of property information, does not by itself appoint us, authorise marketing or introductions, or create any agency, partnership, joint venture or advisory relationship.

2.3 MarketOffer does not retain sourcing or introduction fees offered by accommodation providers in connection with a client's property: any such fee is disclosed to that client and passed on in full, as set out in our Landlord Terms of Service. This does not apply to referral fees relating to third-party contractors and service providers, which are separate and are disclosed in our Landlord Terms of Service. Other fee arrangements, including any payment we make to a third party who introduces a landlord or property to us, are governed by our Landlord Terms of Service and by any separate written agreement with that third party.

2.4 Our current memberships and registrations include:

1. Membership of the Property Redress Scheme (PRS036311);
2. Membership of the UK Association of Letting Agents (UKALA) (Membership No. 11995);
3. Client Money Protection provided by UKALA (Membership No. 11995);
4. Registration with HMRC for anti-money laundering supervision (AML Registration No. XZML00000182228);
5. Registration with the Information Commissioner's Office (ICO Registration No. ZB438983).

2.5 Our registered office is at The Offices, 53 King Street, Manchester, M2 4LQ.

3. Agents, Sourcers and Partners

3.1 We welcome introductions of landlords and properties from letting agents, estate agents, sourcers, developers' representatives and other partners.

3.2 No introduction, submission or use of the Site entitles you to any fee, commission, revenue share or other payment unless and until you have entered into a separate written agreement with MarketOffer that expressly provides for it. The terms of any such payment are governed exclusively by that agreement.

3.3 By accepting these Web Terms, you confirm that you understand the difference between general use of the Site and eligibility for payment under a separate written agreement.

3.4 If you introduce a landlord or property to us without a separate written agreement in place, these Web Terms still apply to your use of the Site, and no fee is payable.

4. Use of the Site

4.1 You are granted a limited, non-exclusive, revocable licence to access and use the Site for lawful purposes, subject to these Web Terms. We may suspend, withdraw or change all or any part of the Site, subject to applicable law and without affecting any rights or obligations arising under a separate written agreement.

4.2 Where the Site provides you with an account, login or other security credentials, you must keep them confidential. If we reasonably consider that you have failed to do so, we may disable your access and take such other action as we reasonably consider necessary to protect the Site and its users.

4.3 You are responsible for keeping the contact details you give us accurate, for anyone you authorise to use them or any account you hold, and for activity carried out using your credentials, except to the extent that unauthorised access has been promptly reported to us.

4.4 You agree to use the Site only for lawful purposes and not to infringe the rights of, restrict, or inhibit the use and enjoyment of the Site by any third party, including by transmitting obscene or offensive content.

4.5 The Site may not always be up to date, and we are under no obligation to update it. Site content is provided for general information only and does not constitute financial, legal or property advice. You should independently verify any information relevant to a decision, and obtain appropriate professional advice, before acting.

4.6 Some areas of the Site allow you to submit information, such as landlord and property details, provider registration information, or supplier details. You must ensure all information submitted is accurate, complete, and provided in good faith. We may suspend access or remove content where submissions are false, misleading, or breach these Web Terms.

5. Confidentiality

5.1 This section applies to non-public commercial information disclosed by us to you through, or in connection with, the Site — including information about accommodation providers, indicative rent levels and proposed commercial terms — where that information is marked confidential or would reasonably be understood to be confidential ("Confidential Information").

5.2 You may use Confidential Information only to evaluate, pursue or administer the business relationship for which it was provided, and must not disclose it to any third party except as permitted below.

5.3 You may disclose Confidential Information to your personnel and professional advisers who need to know it and who are subject to obligations of confidentiality, and where required by law, a court or a competent authority.

5.4 This section does not apply to information which: (a) is or becomes publicly available other than through a breach of these Web Terms; (b) was lawfully known to you before disclosure; (c) is lawfully obtained from another source without restriction; or (d) is independently developed without use of the Confidential Information.

5.5 These obligations continue for three years from the date of disclosure. Where a separate written agreement applies, its confidentiality provisions govern information exchanged in connection with that agreement.

5.6 Nothing in this section restricts us from using or sharing property information submitted to us in accordance with sections 6 and 7, or from processing personal data in accordance with our Privacy Policy.

6. Material You Upload

6.1 You (or the relevant rights holder) retain ownership of material you submit to the Site. You grant us a non-exclusive, royalty-free licence to use that material only to: receive, store and assess the submission; operate and administer the Site; contact you and the relevant property owner; carry out our internal compliance and onboarding checks; provide services in accordance with an applicable separate written agreement once that agreement has taken effect; and exercise or protect our legal rights. Marketing and disclosure to accommodation providers are dealt with separately in section 7.

6.2 You confirm that any content you upload is accurate, lawful, and does not infringe the rights of any third party. We may disclose relevant information where reasonably necessary and lawful, including in response to legal proceedings, a competent authority, or a properly evidenced rights claim.

6.3 We may decline, suspend or remove any content or submission that does not meet our criteria, breaches these Web Terms, or conflicts with our commercial interests. We may make formatting and other non-material presentational changes to submitted material; we will not materially change submitted property information without your consent.

6.4 This section does not apply to personal data you provide, which is handled in accordance with our Privacy Policy.

7. Property Submissions and Marketing

7.1 Submitting a property or its details to the Site allows us to store the information, review and internally assess it, contact you and the relevant property owner, carry out our internal compliance and anti-money-laundering checks, and retain records for legal, regulatory and evidential purposes, subject to our Privacy Policy and applicable law.

7.2 Submitting a property does not appoint us, constitute an instruction, commence any services, authorise marketing, authorise disclosure of detailed property or landlord information to accommodation providers, create any exclusivity, or make any fee payable.

7.3 We will not market a property, or disclose detailed property or landlord information to accommodation providers, unless and until the applicable Landlord Terms of Service have taken effect in accordance with their own acceptance process. Once they have taken effect, the scope and duration of our marketing authority are governed exclusively by those terms.

7.4 By submitting a property, you confirm that you have the property owner's authority to submit its details to us for assessment, and that you own, or have the relevant rights holder's permission to submit and license, all photographs, videos, floorplans, descriptions and other material you supply.

7.5 You grant us a non-exclusive, royalty-free licence to use, reproduce, share and display the property information and related materials solely to carry out marketing authorised under the applicable Landlord Terms of Service, and only within the scope and duration of that authority.

7.6 Submission of a property does not guarantee that a lease will be agreed or completed.

8. Multiple Submissions and Representatives

8.1 Where more than one party submits or claims to represent the same property or landlord, we may determine which party, if any, we will engage with, having regard to authority, authenticity, timing and the surrounding circumstances. No submission creates priority, exclusivity, an agency appointment, or any entitlement to payment.

8.2 Submission or engagement does not grant any ongoing right to act for a landlord. Any priority or fee arrangement applies only where set out in a separate written agreement under section 3.

8.3 Subject to applicable law and any separate written agreement, we may reject, withdraw or suspend consideration of any submission at our discretion.

9. Our Intellectual Property and Site Data

9.1 The Site, its software, design, branding, trade marks and all content we create remain our property or that of our licensors. Nothing in these Web Terms transfers any right in them to you.

9.2 You must not scrape, crawl, harvest, bulk-extract, copy, republish or commercially reuse any part of the Site or its data, including property listings, provider information and contact details, whether manually or by automated means, without our prior written consent.

10. Computer Offences

10.1 If you do anything which is a criminal offence under the Computer Misuse Act 1990, your right to use the Site ends immediately. We may report suspected offences to, and cooperate with, competent authorities where reasonably appropriate and lawful.

10.2 Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material.

10.3 You must not attempt to access the Site, our servers or any connected database without authority, or attack the Site. To the extent permitted by law, we are not liable for any damage caused by viruses or other harmful material contracted via the Site.

11. Links to and From the Site

11.1 You may make a legal link to the Site's homepage from your website. We may end this permission at any time. You must not suggest any endorsement by, or association with, us unless we agree in writing.

11.2 Links from the Site to other websites are for information only. We do not control them and, to the extent permitted by law, accept no responsibility for those websites, their content, or any loss arising from your use of them.

12. Changes to These Web Terms

12.1 We may change these Web Terms from time to time. Revised Web Terms apply to your use of the Site from the "Last updated" date shown, and do not apply retrospectively to earlier use.

12.2 Where you hold an account with us, we will give you reasonable notice of material changes. Continued use of the Site after the stated date constitutes acceptance of the revised Web Terms to the extent legally effective.

12.3 Changes to these Web Terms do not amend any separate written agreement, including any Landlord Terms of Service.

13. General

13.1 If any provision of these Web Terms is or becomes invalid or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable or, if that is not possible, deemed deleted, without affecting the remaining provisions.

13.2 A failure or delay in exercising any right is not a waiver of it.

13.3 These Web Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 for any person other than you and us.

13.4 Nothing in these Web Terms alone creates any agency, partnership, joint venture, employment, fiduciary or advisory relationship between us and any user. Any authority or appointment arises only under a separate written agreement and is governed exclusively by that agreement.

14. Applicable Law

14.1 These Web Terms are governed by the laws of England and Wales.

14.2 If you are using the Site for business purposes, the courts of England and Wales have exclusive jurisdiction over any dispute arising in connection with these Web Terms. If you are a consumer, nothing in this section affects your mandatory statutory rights, or any right you have to bring proceedings in the courts of your place of residence where that right cannot lawfully be excluded.

14.3 If you are accessing the Site from outside the UK, it is your responsibility to ensure that your use complies with any applicable local laws or regulations.

15. Contact Us

15.1 Please email us at support@marketoffer.co.uk about any issues.