Definitions:
Registration Data: Refers to any information voluntarily submitted by a user through the Website, such as when enquiring about a property, signing up for updates, or using contact forms. This may include the user’s name, email address, phone number, or other contact details.
Sites: Sites” refers collectively to all websites, mobile applications, web portals, domains, and any other digital properties owned, operated, or controlled by Dockside Limited Partnership, including all subdomains and subpages thereof.
Terms & Conditions
1. Introduction. By using our Site, you confirm that you accept and agree to the following Dockside Limited Partnership or “The Company” or “we” or “us” or “our”) Terms and Conditions, in their entirety, when you access or use our Sites, portals, mobile applications, and domains operated under the Dockside brand (the “Sites”), or the Sites’ products, services and various interactive features including applications submitted in connection with leasing rental properties (collectively, the “Services”). [Name and address]. We are registered in England & Wales under company number: LP024106.
2. Scope. These Terms and Conditions “the Agreement” are complemented by, yet are independent of, Dockside Limited Partnership Privacy Policy . These Terms and Conditions do not include any tenancy agreement which may entered into between you and Dockside Limited Partnership, whether using the Site or not. Please review these Terms and Conditions carefully.
3. Modification. The Terms and Conditions can be updated by Dockside Limited Partnership at any time without prior notice. The latest Agreement will be posted on the Sites, and you should review the Agreement prior to using the Sites and/or Services. By your continued use of the Sites and/or Services, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement and in effect at that time.
4. Disclaimers. The Services and/or the Sites may contain Content provided directly by other third parties, and not Dockside Limited Partnership. Such Content and/or other information should not necessarily be relied upon. Those third parties are solely responsible for the accuracy, completeness, appropriateness or usefulness of such materials. Dockside Limited Partnership does not represent or warrant that the Content made available by and through the Services and/or the Sites is/are accurate, complete or appropriate. To the extent permissible by applicable law, you understand and agree that Dockside Limited Partnership will not be responsible for, and Dockside Limited Partnership undertakes no responsibility to monitor, or otherwise police, such Content. To the extent permissible by applicable law, you agree that Dockside Limited Partnership shall have no obligation and incur no liability to you in connection with any such Content made available by and through the Services and/or the Sites by third parties.
5. Payment. You may be required to make payments via a third party for the use of some of the Services. You can make payments by providing your debit card or other banking information to Stripe Payments Europe Limited or Sage Pay Europe Limited (now Elavon Digital, trading as Opayo). By using either of these payment services to make any payment, you are agreeing to comply with their terms and conditions.
Dockside Limited Partnership may change its billing provisions whenever necessary, in its sole discretion. Continued use of the Services shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the billing provisions shall not apply to any charges incurred prior to the applicable amendment or modification.
6. Licence Grant. As a User of the Sites, you are granted a non-exclusive, non-transferable, revocable and limited licence to access and use the Content in accordance with the Agreement. Dockside Limited Partnership may terminate this licence at any time for any reason. Unless otherwise expressly authorised by Dockside Limited Partnership, you may only use the Content for your own personal, non-commercial use. No part of the Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Content and/or any portion thereof. You may not create any “derivative works” by altering any aspect of the Content. You may not use the Content in conjunction with any other third-party content. You may not exploit any aspect of the Content for any commercial purposes not expressly permitted by Dockside Limited Partnership.
7. Proprietary Rights. All Sites are the property Dockside Limited Partnership. All Content is owned or licensed by or to Dockside Limited Partnership and is protected under applicable copyright, trademark and other proprietary (including, but not limited to, intellectual property) rights. Certain parts of the Content, for example the personal information you provide in applications, will be personal data within the meaning of local data protection legislation. Dockside Limited Partnership will process the personal data it collects from you in accordance with the relevant data protection legislation, and with the purposes set out in and the terms of the Privacy Policy. You have certain rights of access in respect of your own personal data, which are further detailed in the Privacy Policy. Except as expressly provided in the Agreement or as required by law, no part of the Content may be reproduced, retransmitted, sold, rented, distributed, published, uploaded, posted, publicly displayed, altered to make new works, compiled, translated or transmitted in any way to any other computer, Site or other medium or for any commercial purpose, without the prior written consent of Dockside Limited Partnership. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity or trademarks with respect to any of the Content. The posting of information or material at the Sites by Dockside Limited Partnership does not constitute a waiver of any right in or to such information and/or materials. Dockside Limited Partnership reserves all rights not expressly granted hereunder. The Dockside Limited Partnership name and logo are trademarks of our licensor, Dockside Limited Partnership. All custom graphics, icons, copyright, trademarks and trade names are the property of their respective owners. The use of any Dockside trademark without Dockside Limited Partnership express written consent is strictly prohibited.
8. Disclaimer of Warranties.
8.1 Without prejudice to its obligations under the Consumer Rights Act 2015, Dockside Limited Partnership makes no warranty that the Sites, Services and/or Content: (a) will meet your requirements; (b) will be uninterrupted, timely, secure, error-free or that defects will be corrected; (c) will be free of viruses or other harmful components; (d) will have security methods employed that will be sufficient against interference with your enjoyment of same, or against infringement; (e) will be compatible with any hardware and software which you may use and/or (f) will be accurate or reliable. The Sites, Services and/or Content may contain bugs, errors, problems or other limitations.
8.2 Dockside Limited Partnership will not be liable for the availability of the underlying internet connection associated with the Sites and/or Services.
8.3 No advice or information, whether oral or written, obtained by you from Dockside Limited Partnership or content providers shall create any warranty not expressly stated in the Agreement.
8.4 Except where permitted under clause 10, Dockside Limited Partnership will not be liable for any injury or damage to a user’s or any other person’s computer related to or resulting from participating or downloading any material on the Sites.
9. Limitation of Liability.
9.1 Dockside Limited Partnership shall not be liable to you or any third party for:(a) any indirect, or consequential losses;(b) any loss of profits, goodwill, use, data, business opportunity, savings or other intangible losses for: (i) the use or the inability to use the Sites, Services and/or Content, including any interruptions or delays; or (ii) the unauthorised access to, or alteration of, your “Registration Data” (being any information voluntarily submitted by a user through the Sites, such as when enquiring about a property, signing up for updates, or using contact forms. This may include the user’s name, email address, phone number, or other contact details).
9.2 The limitation in clause 10.1 applies to all causes of action, in the aggregate including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentations and any and all other torts.
9.3 Nothing in these Terms of Use limits or excludes liability for death or personal injury caused by the negligence of Dockside Limited Partnership, fraud or fraudulent misrepresentation or for any liability which cannot be limited or excluded by law.
9.4 You may have other rights granted by law, and these Terms of Use do not affect these except if the two are inconsistent. If this is the case then these Terms of Use will override any other rights which you may have, unless this is not permitted by law.
10. Legal Warning. If you bypass or disable any portion of the Services, Sites or associated software including, without limitation, the operation of Dockside Limited Partnership systems, or you attempt to circumvent or tamper with Dockside Limited Partnership billing methods in any way, or otherwise using the Site for any unlawful purpose, you are in violation of the Agreement and Dockside Limited Partnership may suspend or terminate your Account without notice. Termination of your Account will not relieve you of any other liabilities that may result from your actions.
11. Third-Party Websites.
11. 1 The Sites and/or Services may provide links to other Internet Sites and/or resources, such as to a third party credit reference agency, a payment service provider or a tenant vetting service. Because Dockside Limited Partnership has no control over such third party Sites and/or resources, you hereby acknowledge and agree that Dockside Limited Partnership is not responsible for the availability or contents of such third party Sites and/or associated resources. Furthermore, Dockside Limited Partnership does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials available at or from such third party Sites or resources, or for any damages and/or losses arising therefrom. By accessing and using that third party Internet Sites and/or resources, you agree to comply with the terms and conditions of the relevant third party.
12. User Information. Except where expressly provided otherwise by us in the Agreement, and subject to the Dockside Limited Partnership Privacy Policy, all Content, information, Registration Data and/or materials that you submit through or in association with this Sites shall be considered non-confidential. By submitting such comments, Content, information, Registration Data or materials to us, you: (a) represent and warrant that Dockside Limited Partnership use of your submission does not and will not breach any agreement, violate any law or infringe upon any third party’s rights; (b) agree that Dockside Limited Partnership is free to use in any manner all or part of the content of any such communications on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; and (c) grant Dockside Limited Partnership all necessary rights, including a waiver of all copyright, trade-mark, privacy and moral rights, to use all Content, information, Registration Data and/or materials, in whole or in part, or as a derivative work, without any duty by Dockside Limited Partnership to anyone whatsoever.
13. Governing Law. The Agreement shall be shall be governed by and construed in accordance with the laws England and Wales and the parties submit to the exclusive jurisdiction of the English courts.
14. Disputes. If you have any complaint about this Site or any of the goods or services we provide, you should contact Dockside Limited Partnership Complaints at dataprivacy@dockside-leith.co.uk and we will try and resolve it as soon as possible. However, if we have a dispute regarding your use of the Site or these terms and conditions, the courts will use English law to determine that dispute. If you wish to take legal action against us, as we are a UK company you should do so in the English courts only.
15. Miscellaneous. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and Dockside Limited Partnership and it governs your use of the Services and Sites. To the extent that anything in or associated with the Sites and/or Services is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence. Dockside Limited Partnership failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
16. Notice. Dockside Limited Partnership may deliver notice to you under these Terms of Use by means of electronic mail or a general notice on the Sites.
17. Contact Us. If you have any questions about the Agreement or the practices of Dockside Limited Partnership please feel free to contact us at rent@dockside.leith.co.uk