1.1 These Terms and Conditions ("Terms") govern the access to and use of the website [www.clickandkeys.co.uk] ("Website") and the services provided through it (together, the "Platform").

1.2 The Platform is operated by Click and Keys Limited, a company registered in England and Wales under company number 16451752, with its registered office at Malvern House, New Road, Solihull, England, B91 3DL ("Click and Keys", "we", "us", or "our").

1.3 By accessing, browsing, or using the Platform, all users including landlords, tenants, guarantors, or any other parties ("Users", "you", or "your") confirm that they have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and any other documents expressly referred to within them.

1.4 If you do not agree with these Terms, you must immediately stop using the Platform.

1.5 These Terms form a legally binding agreement between Click and Keys and each User. They apply regardless of whether you create an account with us, list a property, enter into a tenancy, or simply browse the Website.

1.6 We may update or amend these Terms from time to time. Any changes will be posted on the Website, and where appropriate, we may notify you by email or through your account dashboard. Your continued use of the Platform after such changes shall be deemed to constitute acceptance of the updated Terms.

3.2 Click and Keys operates as an intermediary platform only. We are not a party to any Tenancy Agreement or contract for sale or rent entered into between Landlords and Tenants. Any such agreements are strictly between the Landlord and Tenant (and any Guarantor where applicable).

3.4 Users acknowledge that the Platform is intended for use as a self-service tool to facilitate property advertising, tenant introductions, and related lettings services. Landlords remain fully responsible for ensuring their compliance with all applicable legal and regulatory obligations, including (but not limited to) landlord licensing, safety certifications, tenancy deposit protection, and compliance with the Tenant Fees Act 2019.

3.5 Click and Keys may from time to time introduce additional services or amend the scope of existing services. Details of such changes will be published on the Website, and where necessary, communicated directly to Users.

4.1 In order to access certain features of the Platform, Users may be required to create an account ("Account").

4.3 You are solely responsible for maintaining the confidentiality of your login details and any activities that occur under your Account. You must notify us immediately if you suspect unauthorised use of your Account.

4.5 You must not create multiple Accounts for the same individual or entity without our prior written consent.

5.1 Landlords are responsible for ensuring that all information provided in relation to a Property, including descriptions, photographs, rental prices, and availability dates, is accurate, truthful, and not misleading.

5.3 By submitting Content to the Platform, you grant Click and Keys a worldwide, non-exclusive, royalty-free licence to use, reproduce, display, and distribute such Content for the purposes of providing the Services and marketing the Platform.

5.5 We do not verify every listing or piece of Content submitted by Users. Accordingly, we make no warranties as to the accuracy or completeness of any Content uploaded to the Platform. Users rely on such Content at their own risk.

6.1 Landlords are responsible for ensuring that all information provided in relation to a Property, including descriptions, photographs, rental prices, and availability dates, is accurate, truthful, and not misleading.

6.3 Fees are non-refundable once the Service has commenced, except where required by law or expressly stated otherwise in these Terms.

6.5 Where applicable, Value Added Tax (VAT) or any other applicable sales tax will be charged in addition to the stated fees.

6.6 Payment methods will be as specified on the Website. You must ensure that all payment details provided are accurate and that you are authorised to use the payment method provided.

6.7 Failure to pay fees when due may result in suspension or termination of your access to the Services.

7.1 Where a Tenant wishes to reserve a Property, a Holding Deposit may be paid in accordance with the Tenant Fees Act 2019. The Holding Deposit must not exceed the equivalent of one week's rent for the Property.

7.3 The Holding Deposit may be retained by the Landlord (or by Click and Keys on the Landlord's behalf, where applicable) if:

• the Tenant provides false or misleading information which materially affects their suitability as a Tenant;
• the Tenant fails a right-to-rent check under the Immigration Act 2014;
• the Tenant withdraws from the proposed tenancy after payment of the Holding Deposit; or
• the Tenant fails to take all reasonable steps to enter into the tenancy agreement within the agreed timeframe.

7.5 Where a Holding Deposit is retained, the Landlord must provide the Tenant with written reasons within the statutory timeframe required by law.

7.6 Click and Keys accepts no liability for the return or forfeiture of Holding Deposits where it acts solely as an intermediary between Landlord and Tenant.

8.1 Where a Tenancy Deposit is taken in respect of a Property, it is the Landlord's legal responsibility to:

• protect the Tenancy Deposit in a government-authorised tenancy deposit protection scheme (such as DPS, TDS, or MyDeposits) within the statutory timeframe; and
• provide the Tenant with the prescribed information required by law within 30 days of receipt of the Tenancy Deposit.

8.3 Click and Keys accepts no liability for any failure by the Landlord to:

• protect the Tenancy Deposit correctly;
• serve prescribed information; or
• comply with any other statutory obligations relating to Tenancy Deposits.

8.5 Any disputes over Tenancy Deposits shall be resolved through the relevant tenancy deposit protection scheme's alternative dispute resolution (ADR) process or through the courts, as applicable.

9.1 Where a Landlord wishes to let a Property, Click and Keys may provide access to standard tenancy agreement templates (such as an Assured Shorthold Tenancy agreement) for use between the Landlord and Tenant.

9.2 Where a Seller wishes to sell a Property, Click and Keys may provide template agreements or introductions to third-party providers for conveyancing and sale contract services. Click and Keys itself is not a party to any sale contract and does not provide legal conveyancing services.

9.3 All agreements generated, provided, or signed through the Platform are between the relevant Users only. Click and Keys acts solely as an intermediary and is not a contracting party.

9.4 Users are responsible for reviewing any agreement prior to signing and for ensuring that it is appropriate to their circumstances. We strongly recommend that Users seek independent legal advice before entering into any tenancy or sale agreement.

9.5 Tenancy and sale agreements may be signed digitally through the Platform where this functionality is available. By using electronic signatures, Users acknowledge and agree that such signatures are legally binding to the same extent as handwritten signatures.

9.6 Click and Keys accepts no liability for:

• the enforceability, validity, or legal effect of any tenancy or sale agreement;
• any failure by a party to comply with its obligations under such agreement; or
• any loss arising from a User's decision to use, or not to use, independent professional advice.

10.1 Tenant Referencing

• Where requested, Click and Keys may provide tenant referencing services, which may include credit checks, employment verification, previous landlord references, and affordability assessments.
• References are prepared using information available at the time of the check. They do not guarantee the future conduct, reliability, or financial circumstances of a Tenant.
• Landlords acknowledge that they remain solely responsible for deciding whether to grant a tenancy, regardless of the outcome of any reference.

10.2 Right to Rent Checks

• In accordance with the Immigration Act 2014 (as amended), it is the Landlord's legal responsibility to carry out right to rent checks on all adult occupiers before the tenancy commences.
• Click and Keys may provide tools or guidance to assist, but ultimate responsibility for compliance rests with the Landlord.
• Click and Keys accepts no liability for any penalties, losses, or claims arising from a failure by the Landlord to carry out right to rent checks correctly.

10.3 Buyer Checks

• Where a User intends to purchase a Property, Click and Keys may, where available, request basic identity or anti-money laundering (AML) checks in line with our regulatory obligations.
• Such checks are limited in scope and do not constitute a full due diligence investigation. Buyers and Sellers remain responsible for engaging solicitors or licensed conveyancers to undertake all necessary legal and financial checks in connection with a sale.
• Click and Keys is not responsible for verifying a Buyer's financial capacity or mortgage eligibility.

10.4 No Guarantee All referencing, right to rent, and buyer checks are provided on an “information only” basis. Click and Keys does not warrant or guarantee the accuracy, completeness, or outcome of such checks. Users must make their own independent assessments before entering into a tenancy or sale agreement.

11.1 Rent Collection Service

• Where a Landlord selects the rent collection service, Click and Keys will collect rent payments from the Tenant and transfer them to the Landlord's nominated bank account, after deducting any agreed fees or charges.
• Payments will normally be processed within a reasonable timeframe after cleared funds are received. We cannot guarantee specific transfer times, as these may depend on banking systems and third-party payment providers.
• Click and Keys is not liable for late or missed rent payments by Tenants. Landlords remain responsible for pursuing arrears, unless they have opted into a separate managed service (where available).

11.2 Optional Services Click and Keys may, from time to time, make additional services available to Users, including but not limited to:

• property photography and floorplans;
• Energy Performance Certificates (EPCs);
• gas and electrical safety certificates;
• inventories and check-in/check-out services;
• for-sale marketing enhancements (such as premium listings, social media promotions, or additional advertising).

11.3 Third-Party Providers

• We will use reasonable care in selecting such providers, but we are not liable for their acts, omissions, or service quality;
• Your agreement for such services may be directly with the third-party provider, and their own terms and conditions may apply.

11.4 Service Fees Fees for rent collection and optional services will be displayed on the Website or otherwise confirmed in writing at the time of order. These fees are payable in accordance with Section 6 (Payments & Fees).

12.1 General Responsibilities

• Landlords and Sellers must ensure they have full legal authority to let or sell the Property through the Platform.
• You must comply with all applicable laws, regulations, and codes of practice relevant to property letting and sales.
• You warrant that all information you provide about the Property is complete, accurate, and not misleading.

12.2 Lettings Responsibilities

• Ensuring the Property meets all legal requirements prior to letting, including EPC, Gas Safety, Electrical safety, Smoke and CO alarms, and licensing where applicable.
• Protecting any Tenancy Deposit in an authorised scheme and providing prescribed information.
• Carrying out right to rent checks on all adult occupiers.
• Repairs and maintenance of the Property throughout the tenancy in accordance with law and the Tenancy Agreement.
• Providing tenants with legally required documents, including the most recent “How to Rent” guide.

12.3 Sales Responsibilities

• Ensuring they have good and marketable title to the Property and authority to sell;
• Engaging a solicitor or licensed conveyancer to handle all legal aspects of the sale;
• Complying with disclosure obligations and material facts that may affect a buyer's decision;
• Cooperating with AML checks where required;
• Arranging and granting access for surveys, valuations, and viewings.

12.4 Compliance & Liability

• Click and Keys is not responsible for ensuring that Landlords or Sellers comply with their legal obligations.
• Failure to comply with these responsibilities may result in suspension of your Account and/or removal of your listing, without refund.
• You agree to indemnify Click and Keys against any loss, claim, or liability arising from your failure to comply.

13.1 General Responsibilities

• Tenants and Buyers must provide accurate and truthful information when using the Platform.
• You must not use the Platform for any fraudulent, unlawful, or misleading purpose.
• You are responsible for keeping your Account secure and for all activity carried out under it.

13.2 Tenant Responsibilities

• Paying rent, deposits, and other sums due under the Tenancy Agreement on time;
• Using the Property responsibly and lawfully;
• Not causing damage beyond fair wear and tear;
• Not causing nuisance or disturbance to neighbours;
• Paying for utilities, council tax, and other outgoings unless agreed otherwise;
• Complying with all terms of the Tenancy Agreement.

13.3 Buyer Responsibilities

• Arranging finance or proof of funds as required for the purchase;
• Instructing a solicitor or conveyancer for legal and due diligence checks;
• Inspecting the Property and being satisfied with its condition;
• Complying with AML checks and document requests;
• Completing the transaction per the sale agreement terms.

13.4 Liability

• Click and Keys accepts no responsibility for a Tenant's failure to pay rent or a Buyer's failure to complete a purchase.
• Users acknowledge that Click and Keys acts only as an intermediary and is not a party to any Tenancy Agreement or sale contract.

14.1 Where a Guarantor agrees to act in support of a Tenant's obligations, the Guarantor acknowledges and agrees that their liability is joint and several with the Tenant.

14.2 The Guarantor's obligations may include payment of rent, covering damages, or ensuring compliance with the Tenancy Agreement.

14.3 Unless expressly released in writing, the Guarantor's liability continues for the full duration of the tenancy and any renewal until all obligations are discharged.

14.4 Click and Keys is not a party to any guarantor arrangement and does not verify the financial position of Guarantors unless requested as part of a referencing service.

14.5 Guarantors are strongly advised to seek independent legal advice before entering into any guarantee arrangement.

15.1 Users agree to use the Platform only for lawful purposes and in accordance with these Terms.

15.2 You must not use the Platform to:

• Post or transmit unlawful, defamatory, offensive, or inappropriate content;
• Misrepresent your identity or authority;
• List or advertise any Property without proper legal authority;
• Upload or transmit viruses or harmful code;
• Interfere with the Platform's security or other Users' data;
• Use bots or scraping tools without written consent;
• Attempt to gain unauthorised access to systems.

15.3 Users must not use the Platform in any way that could damage Click and Keys' reputation, breach laws, or cause harm to others.

15.4 We reserve the right to monitor activity and investigate suspected breaches.

15.5 If a User breaches this section, we may suspend or terminate their Account, remove content, report to authorities, or take legal action to recover losses.

16.1 Intermediary Role
Click and Keys acts solely as an intermediary platform to connect Landlords, Tenants, Buyers, Sellers, and Guarantors. We are not a party to any tenancy agreement, sale contract, or guarantee arrangement entered into between Users.

17.1 Our Right to Suspend or Terminate

We may suspend or terminate your Account and/or access to the Platform (in whole or in part) immediately and without notice if we reasonably believe that:

• you have breached these Terms;
• you have provided false, misleading, or incomplete information;
• your continued use of the Platform poses a legal, regulatory, or reputational risk to Click and Keys or to other Users; or
• you are using the Platform for unlawful or fraudulent purposes.

17.2 Your Right to Terminate

You may close your Account at any time by providing written notice to us, provided that:

• you have no outstanding fees due to Click and Keys; and
• where applicable, all obligations under any tenancy or sale agreement facilitated through the Platform have been discharged.

17.3 Effect of Termination

• Termination of your Account will not affect any existing tenancy, sale, or other agreement entered into between Users through the Platform.
• Any fees paid prior to termination are non-refundable, except where required by law.
• Termination does not affect any rights, remedies, obligations, or liabilities that have accrued up to the date of termination.

17.4 Suspension

As an alternative to termination, we may suspend your access to the Platform where appropriate (for example, while investigating a suspected breach). During suspension, you will not be able to access your Account or use the Services.

18.1 Compliance with Law Click and Keys processes personal data in accordance with the UK GDPR, the Data Protection Act 2018, and other applicable data protection laws.

18.2 Privacy Policy Our collection, storage, and use of personal data is set out in our Privacy Policy, which forms part of these Terms. By using the Platform, you confirm that you have read and understood our Privacy Policy.

18.3 Use of Data

• We may collect and process personal data provided by Users for the purposes of providing the Services, including property advertising, referencing, tenancy or sale agreements, and payment processing.
• We may share personal data with third-party service providers where necessary to deliver the Services.
• We will not sell or rent Users’ personal data to third parties.

18.4 User Responsibilities

• Landlords and Sellers are considered “data controllers” for any personal data they collect or process about Tenants, Buyers, or Guarantors.
• They are responsible for ensuring compliance with data protection laws when handling such data.

18.5 Security We implement reasonable technical and organisational measures to protect personal data against unauthorised access, loss, misuse, or disclosure. However, we cannot guarantee absolute security of data transmitted over the internet.

18.6 Retention Personal data will only be retained as long as necessary to fulfil its purpose or as required by law.

19.1 Methods of Communication Unless otherwise stated, all notices and communications between Users and Click and Keys shall be in writing and delivered by:

• email;
• the Platform (including through dashboards or messaging tools); or
• post to our registered office address.

19.2 Service of Notices

• Emails are deemed served at the time of transmission unless a delivery failure is received.
• Platform notices are deemed served when made available to the User.
• Posted notices are deemed served after two (2) Business Days in the UK or seven (7) internationally.

19.3 User Contact Details

• Users must keep their Account contact details accurate and up to date.
• We are not responsible for loss arising from failure to update details.

19.4 Formal Notices Any formal notices to Click and Keys must be sent to our registered office: Click and Keys Limited, Malvern House, New Road, Solihull, England, B91 3DL.

20.1 Disputes Between Users

• Disputes between Landlords, Tenants, Buyers, Sellers, or Guarantors must be resolved directly between those parties.
• Click and Keys is not a party to tenancy agreements, sale contracts, or guarantees and does not mediate such disputes.

20.2 Tenancy Deposit Disputes Disputes regarding Tenancy Deposits shall be referred to the ADR process of the authorised scheme used or to the courts where applicable.

20.3 Complaints Against Click and Keys

• Complaints may be raised using the contact details published on the Website.
• We will acknowledge and aim to resolve complaints fairly and promptly.
• Where applicable, unresolved complaints may be escalated to a redress or regulatory body.

20.4 Governing Law & Jurisdiction These Terms and any related disputes shall be governed by the laws of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction.

21.1 We may amend or update these Terms to reflect changes in our Services, legal obligations, or business practices.

21.2 Updated Terms will be published on the Website and take effect upon publication, unless otherwise stated.

21.3 Where changes are material, we may notify Users by email or via their Account.

21.4 Continued use of the Platform after updates take effect constitutes acceptance of the new Terms.

22.1 Entire Agreement These Terms, together with our Privacy Policy and referenced documents, constitute the entire agreement between you and Click and Keys.

22.2 Severability If any provision is found invalid or unenforceable, the remaining provisions shall remain in full force.

22.3 Assignment You may not assign or transfer your rights without our written consent. We may assign our rights and obligations without your consent, provided it does not materially affect your rights.

22.4 Third-Party Rights These Terms do not create any rights enforceable by third parties, except where explicitly stated for Landlords, Tenants, or Guarantors in agreements.

22.5 Waiver No failure or delay by Click and Keys in exercising any right shall operate as a waiver of it.

22.6 Force Majeure We are not liable for failure to perform due to events beyond our reasonable control, including natural disasters, strikes, pandemics, power failures, or government restrictions.