PropertyIndex.com Limited Terms and Conditions
PropertyIndex.com Global Limited Terms and Conditions. Effective Date: 15 November 2012
1.1 This website is owned and operated by Propertyindex.com Global Limited, an English registered company (number 08260539). Our registered office is 29 Foregate Street, WR1 1DS. Our trading address is 29 Foregate Street, Worcester, Worcestershire, WR1 1DS. Our other contact details are specified on our website.
1.2 Please read these terms and conditions (T&Cs) carefully. They cancel and replace any previous versions.
1.3 We may change these T&Cs by posting the revised version on our website for a reasonable period before they become effective. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our website or services following the effective date shown. If you are a consumer with a subscription to our site and you don't agree to the changes (provided that they are important ones and not required by applicable law or regulations), you can cancel your subscription by giving us notice by email to email@example.com before the effective date of the revised T&Cs. If so, we will refund any advance payments referable to the period after your termination.
1.4 If you are a consumer your statutory rights are not affected by this agreement. Headings below are for information only and are not binding.
2.1 In this agreement, whenever we mention "Site", this includes both our website and our related services. "Advertisement" means both online and offline promotions of any kind such as property listings, banners, skyscrapers, MPU's, sponsorships, e-brochures, advertorials etc as well as any marketing communications sent to users of our Property Finder Service.
3. RIGHT TO CANCEL UNDER DISTANCE SELLING REGULATIONS
3.1 This section applies to you only if you are an EU consumer as defined in the Consumer Protection (Distance Selling) Regulations 2000. (You can find these regulations by searching on www.opsi.gov.uk).
3.2 You may cancel your order within 7 days of placing your order by following the refund instructions on our Site or otherwise giving us written notice in accordance with the Distance Selling Regulations. Within 30 days of your notice we will refund credit card payments by credit card refund. However, this right of cancellation does not apply once you have started to use our Site – this occurs when your Advertisement appears on our Site in which case you agree to performance of the contract starting before the usual cancellation period has expired.
4. Use of our Site - general
4.1 You must be 18 years or over to use our Site.
4.2 We cannot accept legal responsibility for the accuracy of, or otherwise in relation to, the content of any Advertisement (whether for property or otherwise and whether on our Site or provided via our services) or in connection with any consequent communications or transactions with third parties or with use by third parties of the information comprised within any Advertisement or property enquiry as these are all matters outside our reasonable control. If you intend to act on any Advertisement, you must make appropriate enquiries before proceeding including as to its accuracy and suitability for your purposes and you must also take appropriate professional advice. You rely on Advertisements at your own risk.
4.3 Any content which we ourselves make available (such as downloadable buyer guides or contract templates) is intended for very general guidance but we cannot guarantee that it is accurate or up to date. Again, you must make your own appropriate enquiries and take appropriate professional or other advice before acting on any such information. You rely on it at your own risk. Please note that contract templates are not intended to constitute legal or other advice and may not be suitable for your circumstances.
4.4 You must comply with our reasonable instructions concerning use of our Site.
4.5 You must supply us with correct information on registration and keep your information up to date.
4.6 You must not:
4.6.1 use our Site for junk mail, spam and pyramid or similar or fraudulent schemes;
4.6.2 do anything which may have the effect of disrupting our Site including worms, viruses, software bombs or mass mailings;
4.6.3 attempt to gain unauthorised access to any part of the Site or related equipment; or
4.6.4 use our Site other than for the purposes set out in these terms and conditions.
4.7 We provide website enquiry forms with each property listing for the sole use of users making genuine enquiries relating to the listing. We reserve the right to monitor use of these forms and to delete any communications which are not genuine (such as unsolicited commercial marketing).
5.1 We reserve the right to check all new Advertisements submitted to us. We will do so within a reasonable period after they have been submitted to us. We reserve the right in our discretion to reject Advertisements. If the Advertisement has been paid for, we will refund the payment less a reasonable administration fee.
5.2 Advertisers must ensure that property listings and other Advertisements are accurate and up to date, are not misleading, comply with all applicable laws, regulations and codes of conduct and do not infringe any third party intellectual property or other rights. Also, such content must not be offensive, vulgar, racist, abusive, invasive of another's privacy or similarly inappropriate.
5.3 All Advertisements must also comply with the following guidelines:
5.3.1 Advertisements must not include claims relating to the property or proposed transaction which are not matters of fact or which cannot be checked by reasonable inspection or survey, or in the case of any legal matters, verified by relevant documents; and
5.3.2 if you specify "Wheelchair Access" for a property all of the following must apply:
a) no steps needed to access the property;
b) access is either level or via a ramp;
c) off-street parking or unrestricted on-street parking;
d) WC and main living floors at ground level; and
e) ground floor access to main living floor rooms.
5.4 We reserve the right in our discretion without notice to edit the text or layout of Advertisements submitted to or posted on our Site (including removal of hyperlinks to, or addresses of, or other websites from property listings) or to locate or relocate Advertisements on our Site where we think fit (provided that you achieve prominence which is broadly equivalent to what we offer for your particular package). We also reserve the right to charge for the inclusion of hyperlinks if so stated on our Site.
5.5 Only one property can appear on each listing, except in the case of multiple units at the same location in the same category (eg identical one bedroom flats in a single building). We reserve the right in our discretion to determine whether multiple units do qualify for a single listing. The property initially listed may not be changed without our prior written consent.
5.6 You may only use the information in leads we send you (whether via forms or dedicated phone numbers on our Site or otherwise) for the purposes specified by the enquirer (eg to communicate about a specific property or category of properties). You must not otherwise market to or contact such persons. When using such leads or when providing products and services relating to such leads you must do so to the highest industry standards, you must comply with all applicable laws, regulations and codes of conduct (including as to data protection) and you must not infringe any third party rights.
5.7 We may at any time immediately cancel your registration or use of our Site without cause including removal of any Advertisement. If so, we will refund in full any fees already paid for the period in respect of which we take such a step.
5.8.1 we have good reason to believe that you have breached this agreement or that it is necessary to protect us or our users; or
5.8.2 we receive a complaint relating to an Advertisement or an Advertiser or to products or services referred to in an Advertisement; or
5.8.3 if we are required by law or appropriate authority
we may without giving notice or reasons remove or suspend any Advertisement or terminate a user's registration or right to use our Site. In such case we will provide a refund pro rata of any subscriptions paid for any unused period.
5.9 We cannot be held legally responsible for loss or damage resulting from editing, rejection, suspension or removal of an Advertisement or from termination of registration for or of use of our Site provided we act in accordance with this agreement.
5.10 If we have given notice in accordance with any of the previous paragraphs, you must not attempt to re-register for or use our Site or services or re-post or re-submit the relevant content as the case may be.
5.11 We may in our discretion change or remove any feature of our Site. If this is a significant part, we will refund any applicable fees already paid for the remainder of the period to which the fee relates.
6. Payment / reporting
6.1 Subscriptions for property listings are available to private property owners, Details are as stated on our Site.
Pay per lead
6.2 In case the case of pay per lead (available to estate agents), there is no charge to list a property but you agree to pay the relevant price shown on our website for every unique lead generated. Leads include enquiries submitted via the enquiry forms or via dedicated telephone numbers. In the case of enquiry forms, leads are unique when they show different contact email addresses except that we will treat enquiries with the same email address as unique where they are sent more than 28 days apart. Each telephone call to the dedicated telephone number(s) which we allocate to you is treated as a unique lead even if more than one call is from the same telephone number.
6.3 If you believe that a lead is invalid (eg because contact details are incorrect), you can dispute it by flagging as disputed within your account. This must be done within 5 days of the lead occurring. We reserve the right to investigate any disputed lead and to charge for it if we consider it valid. Our decision as to validity of leads shall be final but we promise to act reasonably.
CPC / CPM
6.4 In the case of "cost per click" (CPC), click means all clicks by a unique user on an Advertisement over any 24 hour period as measured by our tracking systems. In the case of cost per 1000 impressions (CPM), a single impression means the display of an Advertisement to a user as measured by our tracking systems.
6.5 Payments must be made by the methods shown on our Site.
6.6 All fees shown on our Site include VAT unless otherwise stated. You must make all payments without any set-off, counterclaim and/or any other deduction.
6.7 It is your responsibility to keep your account in sufficient credit to pay for the relevant services. We reserve the right to disable, suspend and/or remove Advertisements if there is insufficient credit in your account. We do not pay interest on monies credited to your account.
6.8 We will e-invoice you when you top up your account and / or at the end of the relevant month and / or on cancellation by you (see below). Invoices must be paid within 7 days.
6.9 If any amount due to us is unpaid, we may:
6.9.1 charge reasonable additional administration costs; and/or
6.9.2 charge interest (both before and after judgment) on the amount unpaid at the rate at the rate for the time being applicable under the Late Payment of Commercial Debts (Interest) Act 1998; and/or
6.9.3 disable, suspend or remove any or all of your Advertisements; and/or
6.9.4 terminate this agreement on written notice (including email).
6.10 We may change the fees on our Site at any time. Any new orders placed after the change will be subject to the new fees. For existing contracts, we will give you notice by email at least one month before any fee change takes effect. If you do not accept the new fee, you should cancel this agreement before the change takes effect by the means shown below.
7. Cancellation by you
7.1 In the case of subscription packages, you can cancel your Advertisement within your "my account" page. If you cancel, you will have the option to remove your Advertisement immediately or at the end of the current subscription period. However, there will be no refund in respect of the unused period if you opt to remove the Advertisement immediately. You may also request that your Advertisement is reinstated during the subscription period. If so, the period will not be extended to allow for the time when the Advertisement was not being displayed.
7.2 In the case of pay per lead or CPC / CPM, you can cancel this agreement at any time by notifying your account manager by email to firstname.lastname@example.org. Cancellation will take effect within one UK business day of receipt of your notification. You remain liable for all fees incurred up to the date that the cancellation takes effect. If we hold any funds on credit following settlement of our final invoice, these will be repaid to you by credit card refund or such other method as we may determine less any outstanding promotional free credit.
7.3 You can also cancel this agreement where otherwise permitted in these T&Cs.
8. No quibble refund policy
8.1 If you are not a business and wish to cancel your first online subscription payment for any reason, we offer a refund of the advertising fee paid (less a reasonable administration fee) provided that you contact us in accordance with the refund instructions on our website within 24 hours of your online payment order. This does not affect any other refund entitlement in these T&Cs.
9.1 Any username, password, activation code or similar information allocated to you is personal and not transferable. You must keep these secure and not disclose them to any third parties. Protect against unauthorized access to your computer. Ensure that you sign off when you finish using a shared computer.
9.2 You are responsible for the acts or omissions of anyone who uses your information or account, whether fraudulent or not. You agree to indemnify us against any claims of this kind.
9.3 You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. In such case you should immediately amend your password.
10. Functioning of our Site and services
10.1 You will need reliable internet access. Some features will require broadband access for the best quality of service. We cannot and do not accept any responsibility for your hardware or software or for the costs of accessing our Site.
10.2 We will do our best to maintain the operation of our Site and to rectify faults if they occur but cannot guarantee that the site will be uninterrupted or error-free or will achieve particular results nor do we guarantee the integrity or security of data.
10.3 We may have to suspend the site for repair, maintenance, improvement or other technical reason. If so, we will do our best to ensure that the suspension takes place at a time when our Site is least likely to be used and that the suspension is for the shortest period possible.
10.4 We may make changes to the Site provided that these do not have a significant adverse effect on their quality.
10.5 If you are supplying Advertisements to our Site via an automated "feed", you must comply with our technical requirements and ensure that the data does not contain viruses, Trojans or the like or otherwise unreasonably interfere with our Site.
11. Third party websites
11.1 We may link to third party websites which may be of interest to you. We do not recommend or endorse those sites or the products or service which they offer nor are we legally responsible for them as they are outside our reasonable control. You use such third party sites at your own risk.
12. Intellectual property rights
12.1 All trade marks, logos, graphics, images, photographs, animation, videos, text and software used on the site and the services are the intellectual property of us or our partners. You may retrieve, display, download, copy or print such content insofar as necessary for legitimate purposes in connection with the products and services advertised on this site. You may not otherwise retrieve, display, modify, copy, print, sell, download, hire or reverse engineer (unless permitted by applicable law) such content without our prior written consent.
12.2 If you copy any content as permitted above, you must ensure that our copyright notice on the relevant page is included.
12.3 If you publish any content on our Site, you grant us a worldwide, perpetual, non-exclusive, royalty-free licence to copy, alter, adapt, translate, display, sublicence, assign and create derivative works from that content in any media. This includes display of your content on websites who partner with us. You waive your moral rights in relation to such content to the extent permitted by applicable law.
13. Limitation of liability
13.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
13.2 You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself.
13.3 If you are a business, our liability of any kind (including our own negligence) with respect to our Site for any one event or series of related events is limited to the total fees payable by you in the 12 months before the event(s) complained of.
13.4 If you are a business, in no event (including our own negligence) will we be liable for any:
13.4.1 economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
13.4.2 loss of goodwill or reputation;
13.4.3 special, indirect or consequential losses; or
13.4.4 damage to or loss of data
(even if we have been advised of the possibility of such losses).
13.5 If you are a consumer (ie not a business), we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
13.5.1 there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
13.5.2 such loss or damage is not a reasonably foreseeable result of any such breach;
13.5.3 such loss or damage is caused by you, for example by not complying with this agreement; or
13.5.4 such loss or damage relates to a business.
14.1 If you are a business, you will indemnify us against all claims and liabilities directly or indirectly related to your Advertisement (if you are an advertiser) and/or breach of this agreement.
14.2 If you are a consumer, you will liable for any loss or damage we suffer arising from your breach of this agreement or misuse of our Site.
15. Force majeure
15.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control but if our Site is unavailable for more than 14 days, you are entitled to cancel this agreement and obtain a refund of any subscription payment made for the period that the Site was unavailable.
16.1 Headings used in this agreement are for information and not binding. This agreement constitutes the entire agreement between you and us in connection with our Site. We may assign all or part of our rights or duties under this agreement provided we ensure that your rights under this agreement are not prejudiced. You may assign all or part of your rights under this agreement only with our prior written consent which may not be unreasonably withheld or delayed. Any failure by either party to exercise or enforce any right or provision of this agreement does not constitute a waiver of it. If any part of this agreement is deemed void or ineffective for any reason, the remainder shall continue in full force. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise.
17. Law and jurisdiction
17.1 This contract shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.
18.1 If you have any complaints, please contact us via the contact details shown on our website or write to our registered office shown at the start of these T&Cs.
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