RESIDENTLY REWARDS
TERMS AND CONDITIONS OF PARTICIPATION
These terms and conditions cover your participation in Residently Rewards.
By clicking to accept these terms and conditions, you agree to be bound by them. This will create a binding agreement between you and Residently in relation to Residently Rewards.
AGREED TERMS:
‘Business Day’: a day from Monday to Friday (both days inclusive), excluding bank holidays and public holidays in England.
‘Effective Date’: the date on which you click to accept these terms and conditions.
‘Exit Bonus’: a sum payable, subject to you meeting certain conditions, in the event that you lawfully terminate your Lease early, as further described in clause 5.3.
‘Fees’: the price that you pay for membership of Residently Rewards, as set out in clause 7.
‘IPRs’: intellectual property rights. These are things such as copyright, image rights, the right to be identified as author or creator (also known as moral rights), trade marks and trade names, and rights in data. In each case it applies to the above: (i) whether they are registered or not, (ii) at the application and renewal stages, (iii) whether or not those rights exist yet, and (iv) and wherever they exist.
‘Lease’: the lease covering your tenancy at the Property.
‘Property’: the property that you are letting and to which these terms and conditions apply.
‘Residently Rewards’: our reward scheme, under which the tenants in a Property can receive benefits in return for a payment of Fees and compliance with certain conditions set out in this agreement.
‘Rewards: the rewards to which you will, subject to certain conditions, be entitled, as set out in clause 5.
‘Unforeseen Event’: sometimes referred to as ‘force majeure’, this is any act, event, circumstances, omission, or accident, in all cases beyond our reasonable control, causing us to be delayed or prevented in the performance of all or a substantial part of our obligations under this agreement. These acts include natural disaster, epidemic or pandemic, war, riot, civil commotion, damage by a third party or a requirement for us to comply with any law.
‘us’: Residently Services (UK) Limited, a company incorporated and registered in England and Wales with company number 10834962, and with registered office at 4th Floor, 100 Fenchurch Street, London EC3M 5JD. The related words ‘we’, ‘our’ and ‘ours’ are also used to refer to us.
‘VAT’: value added tax chargeable under English law.
‘you’: the member of Residently Rewards, and therefore may – save where indicated – apply to more than one person at the Property who are joint members. The related words ‘your’ and ‘yours’ are also used to refer to you.
1.2 The phrases ‘this agreement’ and ‘these terms and conditions’ are used interchangeably to refer to this agreement for the supply of Residently Rewards to you.
1.3 The clause headings in this agreement are for guidance only. The headings themselves are not part of the agreement.
1.4 Where the word ‘person’ is used, it covers both a natural person (i.e. an individual) and also a corporate body (e.g. a company, business or partnership).
1.5 The words ‘include’, ‘including’ and ‘for example’ should be read non-restrictively. They do not limit the sense of the words around them.
1.6 A reference to a law is to that law as it stands at the relevant time (and not simply as it stands on the Effective Date).
1.7 A reference to ‘writing’ or ‘written’ includes e-mail.
2. Commencement and statutory cancellation rights
2.1 This agreement comes into force on the Effective Date, which is the date on which you click to accept these terms and conditions.
2.2 This agreement will continue until terminated in accordance with clause 11 or with your cancellation rights below.
Your statutory 14-day cancellation rights
2.3 In addition to the rights to terminate under clause 11, you have a right to cancel this agreement at any time during the 14-day period beginning on the day following the Effective Date.
2.4 You may cancel this agreement during that 14-day period by emailing HELLO@RESIDENTLY.COM or by post to 60 PEAR TREE STREE, LONDON ECIV 3SB, explaining your wish. If you would like to, you can use the following wording to cancel – however, you can use any wording that you would like to use, provided that you are clear.
Optional statutory cancellation wording
To Residently Services (UK) Limited
I/We [*] hereby give notice that I/We [*] cancel my/our[*] contract or sale for the supply of the Residently Rewards programme ordered on [DATE].
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] = delete as applicable
2.5 Ordinarily, we will not provide Residently Rewards during the initial 14-day period of this Agreement, to enable you to cancel without charge. However, if you request and we provide services under the Residently Rewards programme during that 14-day period, you will be responsible for a reasonable cost to take account of such provision of services.
2.6 For absolute clarity, please note that a cancellation during the 14-day period is a cancellation of Residently Rewards only – it does not cancel your Lease or any other agreement.
3. When these terms and conditions apply
3.1 These terms and conditions apply to your participation in Residently Rewards.
3.2 Other relevant agreements covering your tenancy include the following:
3.2.1 your Lease;
3.2.2 the terms and conditions governing your use of our App; and
3.2.3 our Privacy Notice, governing how your personal data is stored.
4. Availability of residently rewards
4.1 Residently Rewards is available on the basis of one membership per Property.
4.2 The scheme relates to the Property.
4.3 Sole-occupant tenancy. If the ‘tenant’ listed under the Lease is a sole occupant, it’s very simple: you can take out the membership yourself and enjoy the Rewards (subject to these terms and conditions) yourself.
4.4 Lease with more than one occupant. If the ‘tenant’ listed under the Lease comprises several occupants, Residently Rewards can be taken out either by a single one of those occupants, by all occupants jointly, or by a certain number of them, as follows:
4.4.1 Single occupant out of several takes membership. In this case:
(a) you as the individual member will be responsible for payment of Fees;
(b) the early termination option on the Lease will still require all relevant occupants (not just you as a member) to agree to exercise it;
(c) you as the individual member will be entitled to receive the Exit Bonus, if it is payable;
(d) some Rewards will, by their nature, relate to the Property itself and will be enjoyable by the other occupants also;
(e) no other occupant(s) may take out or maintain a Residently Rewards membership at the same Property at the same time;
(f) receipt of the Rewards, including the Exit Bonus, will be reliant on the Conditions For Rewards in clause 6 – therefore, ultimately the acts of other occupants in the Property could affect whether you receive a particular Reward;
4.4.2 All occupants take joint membership. If all occupants sign up for Residently Rewards together:
(a) the members are collectively responsible for payment of Fees, but we will accept a single payment covering all Fees from one member;
(b) you understand that we can pursue any individual for the whole amount of the Fees without having to pursue all individual members for equal portions;
(c) the early termination option on the Lease will require all of you to agree to exercise it;
(d) you will need to decide how you would like any Exit Bonus to be apportioned between you, to the extent that it is payable;
(e) no other person may take out or maintain a Residently Rewards membership at the same Property at the same time;
(f) receipt of the Rewards, including the Exit Bonus, will be reliant on the Conditions For Rewards in clause 6;
(g) any individual cancellation of Residently Rewards will cause the entire scheme for the Property to be cancelled;
4.4.3 Some but not all occupants take joint membership. If some tenants, but not all, sign up for Residently Rewards together:
(a) the members are collectively responsible for payment of Fees, but we will accept a single payment covering all Fees from one member;
(b) you understand that we can pursue any individual member for the whole amount of the Fees without having to pursue all individual members for equal portions;
(c) the early termination option on the Lease will require all relevant occupants (not just the members) to agree to exercise it;
(d) you will need to decide how you would like any Exit Bonus to be apportioned between you, to the extent that it is payable;
(e) some Rewards will, by their nature, relate to the Property itself and so will be enjoyable by occupants who are not members;
(f) receipt of the Rewards, including the Exit Bonus, will be reliant on the Conditions For Rewards in clause 6 – therefore, ultimately the acts of non-member occupants in the Property could affect whether you receive a particular Reward;
(g) no other person may take out or maintain a Residently Rewards membership at the same Property at the same time;
(h) any individual cancellation of Residently Rewards will cause the entire scheme for the Property to be cancelled.
5. Rewards
5.1 This clause 5 sets out the Rewards available to members. In all cases, receipt of a Reward is dependent on:
5.1.1 the relevant circumstances arising;
5.1.2 your compliance with these terms and conditions;
5.1.3 the Conditions For Rewards in clause 6 being met; and
5.1.4 any specific conditions set out below against that Reward being met.
5.2 Early termination of Lease. Residently will ensure that you gain access to a lease at the Property that allows termination at any time on 30 days’ notice, subject (in addition to the matters referred to in clauses 5.1.1 to 5.1.3) to the following:
5.2.1 the Lease is between you and the relevant landlord;
5.2.2 you will remain liable for an exit fee to the landlord under the Lease if you terminate, which will equate to the lower of (a) two months’ rent and (b) the rent covering the unexpired portion of the Lease on the date on which you give notice.
5.3 Exit Bonus. Subject to your compliance with the matters outlined in clause 5.1, you will be eligible to receive an Exit Bonus in the event that you terminate the Lease on 30 days’ notice (provided that this will have the effect of terminating the Lease prior to its originally intended end date). The Exit Bonus is equivalent to the exit fee under the Lease (see clause 5.2.2 above). You are free to use the Exit Bonus as you wish, and you may choose to pay off the exit fee under your Lease with it; however, the Exit Bonus is payable to you, and the act of paying it to you does not, of itself, offset the exit fee under your Lease.
6. Conditions for rewards
6.1 Access to a Lease terminable on 30 days’ notice is subject to your payment of Fees and your acceptance of these terms and conditions.
6.2 All additional Rewards are conditional on the criterial in clause 6.1 having taken place, plus the following, failing which no Reward (or no further Reward, as applicable) will be given:
6.2.1 you (and any other occupants, if there are occupants who are not members of the Residently Rewards scheme) must adhere to all terms of the Lease;
6.2.2 all rent under the Lease must be paid by the due date;
6.2.3 all Fees must be paid on time.
6.3 In addition to the criteria listed in clauses 6.1 and 6.2, the Exit Bonus is further conditional on the following:
6.3.1 you must, if requested, photograph or (at our request) video the Property in a clean condition (and without images of any person appearing) to enable the Property to be relet; and
6.3.2 you must provide a written review of the Property (the contents of which are entirely at your discretion) on the review forum of our choice.
7. Fees
7.1 The Fees for Residently Reward are as set out in the accompanying information that we give to you prior to your acceptance of this agreement. Unless stated otherwise, they will comprise an initial fee and a monthly fee.
7.2 Invoices must be paid by electronic transfer to our bank account.
7.3 All amounts will be stated to you inclusively of VAT.
8. Intellectual property rights
8.1 We hereby become owner of the IPRs in any photographic or video images that you create as part of conditions for receiving an Exit Bonus.
8.2 You are the owner of the IPRs in any review that you leave, but you permit us – free of charge and without limitation of time or area – to use, edit, display in any forum, or withhold or withdraw your review for any reason. However, we will not alter your review in such a way that your opinions are misrepresented.
9. Limitation of liability
9.1 Nothing in this agreement limits our liability for:
9.1.1 fraud or fraudulent misrepresentation;
9.1.2 death or personal injury due to negligence; or
9.1.3 any other area in which limitation of liability is prohibited by law.
9.2 Subject to clause 9.1, we will not be liable for any loss to you:
9.2.1. for any loss caused by another party;
9.2.2. for any issue arising in respect of the Property, the Lease or any other matter over which we have no responsibility;
9.2.3 for any loss to the extent that it was not reasonably foreseeable.
We will not be in breach of this agreement for any failure or delay in performance of any obligation under this agreement where such failure or delay arises from or is attributable to an Unforeseen Event.
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