Mayfair & Morgan Ltd.
Please read these terms and conditions (“Terms”) carefully. They are a legal document and grant rights and responsibilities to users of the Mayfair & Morgan Ltd. website (“the Site”). You can print them or store them for later reference. By your continued use of the Site you agree to be bound by these Terms.
If after reading these Terms you do not agree to be bound by them please exit the Site immediately.
The Site is provided by Mayfair & Morgan Ltd. (“us/we”). Our registered office is:
Avenue House, St Julian’s Avenue, St Peter’s Port, Guernsey, GY1 1WA. Registration number: 51765
Use of the site
You may not cause any nuisance, annoyance or inconvenience to Mayfair & Morgan Ltd., Mayfair & Morgan Ltd. customers or users of the Site. You agree to indemnify Mayfair & Morgan Ltd. against any costs, claims, expenses or legal proceedings that may be taken as a result of your use of the Site.
You agree that you are responsible for the security and use of any passwords and usernames to be used in accessing the Site. You agree to take all reasonable steps to protect and keep secure those passwords and usernames. If you fail to do so, you will be held responsible for any unauthorised use of your passwords and usernames and any damage or loss that may arise as a result
You agree that you will not use the Site or any facility provided by Mayfair & Morgan Ltd. to send, receive, distribute, store, or otherwise deal with any material which is defamatory, offensive, illegal, obscene, subject to the intellectual property rights of others in breach of such rights, or breaches any duty of confidentiality by which you are bound.
You agree not to use the Site in any way that may be connected with the distribution of multiple unsolicited emails.
You agree to indemnify Mayfair & Morgan Ltd. against any costs, claims, expenses or legal proceedings that may be taken as a result of breach of any of the Terms & Conditions contained in these Terms. Further, Mayfair & Morgan Ltd. may at any time withdraw any access and privileges that you may have to the Site or any other services, or areas provided by them, if you are in contravention of any of the Terms or Conditions contained herein.
As the customer, you will verify information displayed by Mayfair & Morgan Ltd. in relation to your property and will advise Mayfair & Morgan Ltd. of any inaccuracies. Any material changes which may affect a property’s description post instruction must be informed to Mayfair & Morgan Ltd. by you, the selling customer.
You allow a member of the Mayfair & Morgan Ltd. team access to the property being placed for sale in order to confirm the accuracy of both valuation and descriptions.
All agreed fees and charges will be confirmed in writing, following your instructions to market your property.
There are no contractual time period tie ins. You are free to instruct any or as many alternative or additional estate agents in conjunction with the Mayfair & Morgan Ltd. service as you wish.
Our credit reference checking services: The use of our credit referencing checking services is optional for all landlords and tenants. The additional terms and conditions that govern these are:
Referencing Terms and Conditions:
As part of the Mayfair & Morgan Ltd. service, we offer to reference prospective tenants on behalf of our clients. This reference is undertaken by a professional third party and costs £55 per tenant. This fee is non refundable. The landlord’s decision on whether they wish to accept a tenant is final. In the event of an unsuccessful application we will provide the prospective tenant with the full report which they can then use as they see fit in future house hunting.
In the event a reference comes back as failed or there remains doubt about the ability of the tenants to cover the rent then a guarantor may be required by the landlord. This is charged at the same rate as the reference £55. This fee is non refundable.Additional Obligations if you are a Landlord
As a landlord advertising property via our Site, you agree to the following additional obligations to us.
You warrant that you have the necessary authority to market any property that you Post on this Site as your Content. You warrant that you hold the necessary licences, consents and authorities to use, display, reproduce and publish your Content. You agree to notify us immediately if the property you have posted on or via this site is no longer available either by sending us an email or by updating your
Mayfair & Morgan Ltd. dashboard.
You agree that you will not create any liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
You agree to provide a contactable telephone number and email address to enable Mayfair & Morgan Ltd. to effectively monitor and pass on tenant leads to you.
You agree to allow Mayfair & Morgan Ltd. to monitor your response to its leads. You agree that Mayfair & Morgan Ltd. and its agents may record all phone calls between Mayfair & Morgan Ltd. and you or when delivering to you or replaying leads to you for prospective tenants or guarantors.
You agree to read and abide by all notices posted on our Site from time to time.
Pre-Approval of property listings
Mayfair & Morgan Ltd. will review and pre-approve any property listing proposed for publication on the Site before publishing. The listing may be rejected on the grounds that its content is a breach of these Terms, that the property so advertised is located outside of England, Wales and Scotland as defined by our “List of acceptable Postcodes” or any other grounds solely at Mayfair & Morgan Ltd. discretion.
If at any time you make changes to the material which Mayfair & Morgan Ltd. has previously approved in such a way as that material would not have received pre-approval Mayfair & Morgan Ltd. reserves the right to remove your material from the Site and to retain any monies paid over without obligation to refund any monies. This right of removal and non-refund may be exercised at the sole discretion of Mayfair & Morgan Ltd. and with good reason.
It remains your responsibility to maintain the accurate contact details you have provided to us. Failure to do so will be a breach of these Terms. If we cannot contact you within 10 working days of any attempt to do so we reserve the right toremove your advertisement from the Site without Notice to you or any third party.
Intellectual property rights
We are the owner or the license of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off a copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others to material posted on our site.
You must not modify the paper or digital copies of any materials you have received from Mayfair & Morgan Ltd., printed off or downloaded in any way.
You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on the Site for commercial purposes without obtaining a license to do so from us or our licensors, which may be withheld without reason.
As the owner of the property, you agree to take full responsibility for the accuracy of the property particulars and hereby indemnify us against any costs, claims, expenses or legal proceedings that may arise as a result.
Except as expressly authorised by us you agree not to copy, download, adapt, modify, rent, lease, loan sell distribute or create derivative works of any material contained in or content of the Site in whole or in part.
CAP ON LIABILITY.
YOU AGREE THAT OUR TOTAL LIABILITY TO YOU WILL BE NO GREATER THAN THE AMOUNT OF FEES (IF ANY) THAT YOU HAVE PAID TO US.
Credit and debit card transactions: Mayfair & Morgan Ltd. makes all reasonable efforts to ensure that all credit card and debit card transactions are secure. However, if unauthorised charges appear on your credit card or debit card statement for any card used on or through this Site at any time during or after you conduct your transaction with us or disclose your card details to us on this Site, Mayfair & Morgan will not be liable or responsible in any way in respect of any damage or loss of whatsoever nature suffered by you arising from or in any way connected with that use, transaction or disclosure, subject only to any statutory rights which you may have.
Errors and omissions etc: We do not warrant that the information published on this Site will be error free and in using this Site you acknowledge that the property details and all other information including information relating to properties published on this Site may include inaccuracies, mistranslations or typographical errors. While Mayfair & Morgan Ltd. makes reasonable efforts to ensure that the listing of any property complies with applicable law, the listing of any property on or via our Site is not and should not be taken as a recommendation from Mayfair & Morgan Ltd. or a representation that the property will be suitable for any purpose or that a tenant or a guarantor will be suitable for any particular property or lease or they any of them will comply with the terms of any lease or guarantee. Mayfair & Morgan Ltd. will in no way be liable to you in the event that the property is not suitable for your purpose or that the tenant or guarantor or landlord is not suitable or fails to comply with their obligations under any lease or guarantee.
TYPES OF LOSS AND DAMAGE NOT CLAIMABLE FROM US:
NEITHER Mayfair & Morgan Ltd. NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, OTHER PARTNERS OR REPRESENTATIVES WILL BE LIABLE FOR ANY LOSS OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY INFORMATION, PRODUCTS, SERVICES, MATERIALS AND/OR PROPERTY OR OFFERED THROUGH THIS SITE INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA, INCOME PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES EVEN IF Mayfair & Morgan Ltd. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE.
YOU ALSO AGREE THAT Mayfair & Morgan Ltd. AND PROVIDERS OF DATA PROCESSING, NETWORK AND TELECOMMUNICATIONS SERVICES TO Mayfair & Morgan Ltd. WILL NOT BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THIS SITE OR OUR SERVICES AND YOU AGREE TO WAIVE ANY AND ALL CLAIMS IN RELATION TO THAT USE OR INABILITY TO USE (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER GROUNDS).
THIS SITE IS MADE AVAILABLE TO YOU ONLY ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Mayfair & Morgan Ltd. ACCEPT NO LIABILITY FOR ANY INFECTION BY COMPUTER VIRUS, BUG, TAMPERING, UNAUTHORISED ACCESS, INTERVENTION, ALTERATION OR USE, DEFRAUD, THEFT, TECHNICAL FAILURE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY OR ANY OCCURRENCE BEYOND ITS CONTROL WHICH COMPRISES OR AFFECTS THE ADMINISTRATION, SECURITY, FAIRNESS OR THE INTEGRITY OR PROPER CONDUCT OF ANY ASPECT OF THIS SITE.
YOU AGREE TO INDEMNIFY AND HOLD Mayfair & Morgan Ltd., ITS DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, OTHER PARTNERS OR REPRESENTATIVES HARMLESS FROM ANY LOSS, DAMAGE, LIABILITY, CLAIM OR DEMAND, COSTS OR EXPENSES INCLUDING REASONABLE LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SITE OR YOUR CONTENT.
ALL USE BY YOU OF THIS SITE IS AT YOUR OWN RISK AND YOU ASSUME COMPLETE RESPONSIBILITY FOR ALL RISK OR LOSES OR DAMAGE, INCLUDING ANY RESULTING FROM YOUR DOWNLOADING, UPLOADING AND/OR USE OF OR REFERRING TO OR RELYING ON INFORMATION, PRODUCTS, PROPERTIES, SERVICES OR MATERIALS PROVIDED ON THIS SITE OR ANY OTHER INFORMATION OBTAINED FROM YOUR USE OF OUR SITE.
Reliance on information posted Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
Mayfair & Morgan Ltd. does not make any representation or warranty as to whether any property advertised (“the Property”) on the Site is;
Free of encumbrances or charges, burdened by any easements or restrictive covenants or any other unexpired right.
Held legally or beneficially by the party so holding out.
That any property listing to that effect is a statement of fact.
Not subject to any planning orders or compulsory purchase orders, or any other statutory or non-statutory conditions which may adversely affect the value of any property advertised on the Site or the right of transfer of any individual holding out their right to transfer the Property.
Is otherwise accurately described.
The property listings placed on the Site do not constitute any part of an offer or contract. It is the responsibility of the individuals concerned to make offers to rent or let and to conduct any relevant negotiations. Mayfair & Morgan Ltd. will receive offers on behalf of the Landlord and therefore be actively involved in the rental negotiation, if requested. There may be an additional fee for this service.
Correspondence and general management
The Mayfair & Morgan Ltd. team are committed to assisting with correspondence between tenants and landlords. Under the Listing Package, landlords are obligated respond to viewing requests independently, with the tenant management team assisting. A member of the team will take responsibility for all offers, feedback and all enquires.
Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
We reserve the right to remove from the Site any material for any reason without notice to you or any third parties at our sole discretion. We accept no liability for loss or damage as a result of any such removal
Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Uploading material to our site
Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with these Terms. You warrant that any such contribution does not contain any material which is defamatory, offensive, illegal, obscene, subject to the intellectual property rights of others in breach of such rights, or breaches any duty of confidentiality by which you are bound, and you indemnify us for any breach of that warranty.
Any material you upload to our site will be considered non-confidential and nonproprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy, or is in breach of any statutory provisions or is in any other way illegal.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site. We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with these Terms.
Mayfair & Morgan Ltd. will not accept any liability for loss or damage that arises from your accessing of the internet. You access the internet at your own risk and are bound by the laws of any relevant jurisdiction. Any loss which you suffer as a result of interrupted access or inability to access the internet shall not be the responsibility of Mayfair & Morgan Ltd..
Jurisdiction and applicable law
The Guernsey courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site [although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country]..
Mayfair & Morgan Ltd. will not accept any variation of the Terms by you unless agreed in writing. Mayfair & Morgan Ltd. is under no obligation to agree to such a variation and may withhold it at their sole discretion and without reason.
Notices may be served by post to our Registered Office as detailed above.
Mayfair & Morgan Ltd. may serve notice on you by post or by email. Notice shall be effective from the date of posting or the date of sending by email.
Duration and Termination
These Terms bind you immediately, your use of the Site is acceptance of them, they may only be terminated if;
You breach any of the terms and conditions contained herein
Mayfair & Morgan Ltd. terminates them by written Notice served by either email or post giving 14 days notice.
You issue Notice in writing by post to Mayfair & Morgan Ltd. of your wish to terminate the contractual arrangement between Mayfair & Morgan Ltd. and yourself, settle any outstanding fees and giving 14 days notice.
Nothing contained in these Terms effects your statutory rights.
Payment will only be accepted by credit or debit card payable through an online system provided or authorised by Mayfair & Morgan Ltd.. Charges may be suspended at any time by Mayfair & Morgan Ltd. at their sole discretion for a period at their sole discretion. Please refer to our present scale of charges
As part of the Mayfair & Morgan Ltd. service, we provide an inventory and check-in service on behalf of our clients. This inventory and check-in service is undertaken by a professional third party. Once the inventory has been scheduled:
If you wish to re-schedule the inventory then you will need to notify Mayfair & Morgan Ltd. in writing at least 48 hours before the scheduled time of the inventory. Re-scheduling after this period will incur a £66 fee.
If you wish to cancel the inventory then you will need to notify Mayfair & Morgan Ltd. in writing at least 48 hours before the scheduled time of the inventory.
Confidentiality, Privacy & Data Protection
Mayfair & Morgan Ltd. is the ‘Controller’ for data protection purposes. This means that Mayfair & Morgan Ltd. collects and holds your information and decides what it will be used for. Mayfair & Morgan Ltd. is subject to the requirements of data protection legislation applicable to the UK and must use your personal data in accordance with the law. Mayfair & Morgan Ltd. is registered with the Once a tenant’s viewing has been confirmed, their phone number and email address will be passed onto the landlord to communicate any further arrangements ahead of the scheduled property viewing.
Mayfair & Morgan Ltd. keeps your information confidential and will not disclose it to third parties unless disclosure is:
Authorised by you;
Necessary as part of the estate agency services Mayfair & Morgan Ltd. is providing to you (performance of a contract);
Required by law or Mayfair & Morgan Ltd. professional rules;
Necessary for the purposes of Mayfair & Morgan Ltd. legitimate interests or those of a third party (in other words, Mayfair & Morgan Ltd. has a compelling justification for the disclosure); or
Necessary to protect your vital interests or those of another person i.e. to protect a life.
Mayfair & Morgan Ltd. uses your information primarily to provide estate agency services to you. Mayfair & Morgan Ltd. also uses your information for: accounting and billing purposes; to comply with legal and regulatory obligations, and to manage its business effectively. Mayfair & Morgan Ltd. may also send you information about its services or events that it thinks may be of interest to you. You will be given an option to opt-out of receiving these communications.
Mayfair & Morgan Ltd. may work with other professionals such as solicitors, surveyors, mortgage brokers etc. to progress your property matter, and may need to disclose relevant information about you to them in order to provide their services to you. Please contact Mayfair & Morgan Ltd. if you have any queries about this.
Sometimes Mayfair & Morgan Ltd. outsources part of its work to other people or companies to improve efficiency in its services and your customer experience. For example, Mayfair & Morgan Ltd. outsources property photography. Mayfair & Morgan Ltd. will always carry out due diligence and obtain confidentiality agreements from such outsourced providers. If you would like more information about Mayfair & Morgan Ltd. outsourcing arrangements, please contact Mayfair & Morgan Ltd..
Mayfair & Morgan Ltd. may correspond with you by email if you provide Mayfair & Morgan Ltd. with an email address, unless you advise us in writing that you do not wish Mayfair & Morgan Ltd. to do so. You acknowledge that email may not be secure. Email will be treated as written correspondence and Mayfair & Morgan Ltd. is entitled to assume that the purported sender of an email is the actual sender and that any express or implied approval or authority referred to in an email has been validly given. Please be aware that Mayfair & Morgan Ltd. may monitor and read any email correspondence travelling between you and any mail recipient at Mayfair & Morgan Ltd. as part of its monitoring activities to ensure compliance with its Information Management & Security Policy.
Mayfair & Morgan Ltd. will aim to communicate with you by such method as you request. More often than not this will be in writing but may be by telephone if it is appropriate.
Where you provide Mayfair & Morgan Ltd. with fax or email addresses for sending material to, you are responsible for ensuring that your arrangements are sufficiently secure and confidential to protect your interests. You must tell Mayfair & Morgan Ltd. if this method of communication is not secure so that Mayfair & Morgan Ltd. can use an alternative method.
The Internet is not secure and there are risks if you send sensitive information in this manner or you ask Mayfair & Morgan Ltd. to do so. Please be aware that the data Mayfair & Morgan Ltd. sends by email is not routinely encrypted.
Mayfair & Morgan Ltd. will take reasonable steps to protect the integrity of its computer systems by screening for viruses on email sent or received. Mayfair & Morgan Ltd. expects you to do the same for your computer systems.
It is very unlikely that Mayfair & Morgan Ltd. will change its bank account details during the course of your matter. In any event, Mayfair & Morgan Ltd. will never contact you by email to tell you that its details have changed. If you receive any communications purporting to be from Mayfair & Morgan Ltd., that you deem suspicious or have any concerns about (however slight), please contact Mayfair & Morgan Ltd. by telephone straightaway.
Once your matter has concluded, Mayfair & Morgan Ltd. will hold your records on its record management systems for at least 6 years from the date that the matter is closed in line with Mayfair & Morgan Ltd. retention periods. After that period has elapsed, Mayfair & Morgan Ltd. will delete your records from its electronic systems. Once that has happened, your records will no longer be available.
Mayfair & Morgan Ltd. transfers your personal data outside of European Economic Area (EEA) where your personal data is backed up to cloud storage provided by companies based in the US. Mayfair & Morgan Ltd. storage providers are certified to the EU-US Privacy Shield Framework which means that they agree to process personal data to the standards expected by Europe. Mayfair & Morgan Ltd. storage providers are bound by the same data protection laws as Mayfair & Morgan Ltd., meaning that they have the same obligations to keep your information safe.
If you are an individual, you have the following rights under the General Data Protection Regulation (GDPR):
Right to access personal data – you can request details from Mayfair & Morgan Ltd. of the personal data that Mayfair & Morgan Ltd. holds about you;
Right to object to processing – you can tell Mayfair & Morgan Ltd. that you want it to stop processing your personal data;
Right to object to automated individual decision making including profiling – you can object to Mayfair & Morgan Ltd. making decisions about you solely by using a computer system without any human consideration. Mayfair & Morgan Ltd. does not currently do this;
Right to rectification – you can ask Mayfair & Morgan Ltd. to correct personal data that it holds about you because you believe it is inaccurate;
Right to erasure – you can ask Mayfair & Morgan Ltd. to delete the personal data that it holds about you;
Right to restrict processing – you can tell Mayfair & Morgan Ltd. that you only want it to use your personal data for a specific reason.
Please note that the rights described above are not absolute rights (they are not rights that will be automatically granted), as Mayfair & Morgan Ltd. has to consider whether there are any reasons why it cannot meet your request. For example, Mayfair & Morgan Ltd. will not be able to delete data that it is legally obliged to keep. Mayfair & Morgan Ltd. will let you know if it is not able to meet your request and the reason why (where it is appropriate to disclose this information to you).
Please note that where you provide consent to Mayfair & Morgan Ltd. using your personal data, you are entitled to withdraw that consent at any time. You can do this by informing your sales agent or contacting Mayfair & Morgan Ltd. designated Data Protection Manager.
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