 HomeFinderPro.co.uk
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1. Introduction The services offered by HomeFinderPro
through www.HomeFinderPro.co.uk
(the "Website") include any features, content, or applications
offered or made available from time to time by HomeFinderPro and/or its partners in connection with the Website
(collectively, the "Services"). The Services are hosted in the
2. Acceptance 2.1 This Terms of Use Agreement ("Agreement") sets forth the
legally binding terms for your use of the Services. By using the
Services, and in consideration of HomeFinderPro
providing the Services to you, you agree to be bound by this Agreement,
whether you are a "Visitor" (which means that you have not
registered with the Website) or you are a "Client" (which
means that you have registered with the Website). The term
"User" refers to a Visitor or a Client. You are only
authorised to use the Services (regardless of whether your access or use
is intended) if you agree to abide by all applicable laws and to this
Agreement. Please read this Agreement carefully and save it. If you do
not agree with it, you should leave the Website and discontinue use of
the Services immediately. If you wish to become a Client, and make use
of the Services available only to Clients, you must read this Agreement
and indicate your acceptance during the Registration process. 2.2 If you are an agent and you do not wish your property information
appearing on the Website please contact HomeFinderPro at inbox@homefinderpro.co.uk.
3. Use of Services and additional terms This Agreement includes HomeFinderPro’s
policy for acceptable use of the Services and content posted on the
Website, your rights, obligations and restrictions regarding your use of
the Services, your dealings with agents and advertisers, and
HomeFinderPro’s Privacy
Policy. In order to participate in certain Services, you may be required
to agree to additional terms and conditions. Unless otherwise provided
by the additional terms and conditions applicable to the Services in
which you choose to participate, those additional terms are hereby
incorporated into this Agreement. 4. Modification HomeFinderPro may modify this
Agreement from time to time and such modification shall be effective
upon posting by HomeFinderPro
on the Website. We will provide a clear link within the Website to the
then current Agreement. You agree to be bound by any changes to this
Agreement when you access the Website or use the Services after any such
modification is posted. If you do not agree to be bound by them, you
should not use the Website or the Services. 5. Property Information 5.1 HomeFinderPro does not own,
has not created and is not responsible for, the content of any
advertisement or third-party property information (Property Information)
provided by estate agents or other advertisers (collectively Agents). We
do not warrant that the information that is on the service is accurate,
up to date or complete or that any Agent is properly licensed. Content
is not always checked or confirmed with the relevant Agent prior to
being made available on the Website. 5.2 You should be aware that the Property Information presented to you as
part of the Services may be protected by intellectual property rights
which are owned by the Agents (or by other persons or companies on their
behalf). You may not modify, rent, lease, loan, sell, distribute or
create derivative works based on the Property Information (either in
whole or in part) without specific agreement. 6. Disclaimers HomeFinderPro is not responsible
for the content; accuracy or opinions expressed on third-party websites
accessed from the Website, and such websites are in no way investigated,
monitored or checked for accuracy or completeness by HomeFinderPro. Inclusion of any linked website on the Website and the Services
does not imply approval or endorsement of the linked website by
HomeFinderPro. When you access
these third-party sites, you do so at your own risk. HomeFinderPro takes no responsibility for third party advertisements which are
posted on the Website or through the Services, nor does it take any
responsibility for the goods or services provided by its advertisers.
HomeFinderPro is not
responsible for the conduct, whether online or offline, of any User of
the Website or the Services. HomeFinderPro
assumes no responsibility for any error, omission, interruption,
deletion, corruption, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorised access
to, or alteration of, any User communication or any content. HomeFinderPro
is not responsible for any problems or technical malfunction of any
telephone network or lines, computer online systems, servers or
providers, computer equipment, software, failure of any email or players
due to technical problems or traffic congestion on the Internet or on
any of the Services or combination thereof, including any injury or
damage to Users or to any person's computer related to or resulting from
participation or downloading materials in connection with the Website or
the Services. Under no circumstances shall HomeFinderPro
be responsible for any loss or damage resulting from use of the Website
or the Services, attendance at an event organised through the Website or
the Services, from any content posted on or through the Website or the
Services, or from the conduct of any Users of the Website or the
Services, whether online or offline. The Services are provided
"AS-IS" and as available and HomeFinderPro makes no representations or warranties of any kind as to the
Website, the Services or the content. In particular HomeFinderPro
expressly disclaims any warranty of fitness for a particular purpose or
non-infringement. HomeFinderPro
cannot guarantee and does not promise any specific results from use of
the Website and the Services. Nothing in this Agreement shall be
construed as limiting or excluding HomeFinderPro’s
liability for death or personal injury caused by its negligence. 7. Eligibility and Unacceptable Content 7.1 By using the Services, you represent and warrant that (a) all
registration information you submit is truthful and accurate; (b) you
will maintain the accuracy of such information (including your email
address); (c) where registration as a Client is required in order to use
a Service you are 18 years of age or older; and (d) your use of the
Services does not violate any applicable law or regulation. 7.2 If the Service allows you to post information on the Website which is
available to other Users: that information may not include the following
items last names, telephone numbers, street addresses or other contact
details or identifying information of private individuals, contact
details of public figures and any photographs containing nudity, or
obscene, lewd, violent, sexually explicit or otherwise objectionable
subject matter. Despite this prohibition, it is possible that content
provided by other Users may contain inaccurate, inappropriate, offensive
or sexually explicit material, products or services, and HomeFinderPro
assumes no responsibility or liability for this material. If you become
aware of misuse of the Website or the Services by any person, please
contact inbox@homefinderpro.co.uk.
7.3 HomeFinderPro reserves the
right, in its sole discretion, to reject or refuse to post any Content
and to remove any Content (including private messages) from the Website,
whether or not the Content is expressly prohibited by this Agreement, or
to restrict, suspend, or terminate your access to all or any part of the
Services at any time, for any or no reason, with or without prior
notice, and without liability. 7.4 Agents using the ‘Manual Upload’ service provided by HomeFinderPro
to list their properties must not, under any circumstances, manipulate
the system to promote their agency. This is strictly for the use of
marketing individual properties only and all agents must comply with the
Property Misdescriptions Act of 1991. Any agent that is deemed to be
misusing the Upload Facility will be blacklisted from the site and will
no longer be able to market their properties on HomeFinderPro. 8. Term This Agreement shall remain in full force and effect while you use the
Services or are a Client. You may terminate this agreement at any time,
for any reason, by writing to HomeFinderPro
Dominion House, Dominion Way, Cardiff CF24 1PT
. HomeFinderPro may terminate
your Client status at any time, without warning. 9. Fees You acknowledge that HomeFinderPro
reserves the right to charge for Services and to change any
applicable fees from time to time in its discretion. If we terminate
your Client status or use of any of the Services because you have
breached the Agreement or other applicable terms and conditions you
shall not be entitled to a refund of any unused fees. 10. Password When you sign up to become a Client, you may be asked to choose a
password. You are entirely responsible for maintaining the
confidentiality of your password. You agree not to use the account,
username, or password of another Client at any time or to disclose your
password to any third party. You agree to notify HomeFinderPro
immediately by emailing inbox@homefinderpro.co.uk
if you suspect any unauthorised use of your account or access to your
password. You are solely responsible for any and all use of your
account. 11. Non-commercial Use The Services are for the personal use of Users, or where specified, Clients
only and may not be used in connection with any commercial endeavors
except where and to the extent specifically endorsed or approved by
HomeFinderPro. Illegal and/or
unauthorised use of the Services, including collecting usernames and/or
email addresses of Users and/or Clients by electronic or other means for
the purpose of sending unsolicited email or unauthorised framing of or
linking to the Website is prohibited. Commercial advertisements and
other forms of solicitation are prohibited. Links may be removed at our
discretion for any reason. Legal action maybe taken for any illegal or
unauthorised use of the Services or the Website. 12. Proprietary Rights in Content on the Website 12.1 HomeFinderPro does not claim
any ownership rights in the text, files, images, photos, video, sounds,
musical works, or any other materials (collectively,
"Content") that you post, upload or email to the Website or
the Services. After posting, uploading or emailing your Content to the
Website or the Services, you continue to retain all ownership rights in
such Content, and you continue to have the right to use your Content in
any way you choose. By displaying, emailing, publishing or submitting
for display or publication ("posting") any Content on or
through the Website or the Services, you hereby grant to HomeFinderPro
a Worldwide sub-licensable, perpetual, transferable, non-exclusive,
royalty free licence to use in any way whatsoever including but not
limited to, public performance, public display, publishing,
reproduction, broadcasting, amendment or modification of Content,
transmission and distribution of Content on and through the Website, the
Services or any other publication or material published by HomeFinderPro
in its different present and future forms for example newsprint,
Braille, talking book, electronic databases, e-paper, website or any
other facsimile or derivative versions in any medium. 12.2 You represent and warrant that: (i) you own the Content posted by you
on or through the Website or the Services or otherwise have the right to
grant the licence set forth in this section, and (ii) the posting of
your Content on or through the Website or the Services does not violate
the privacy rights, copyright, contract rights or any other rights of
any person, or otherwise breach any injunction, order or other legal
ruling. You agree to pay for all royalties, fees, and any other monies
owing to any person by reason of any Content posted by you to or through
the Website or the Services. You acknowledge that Content submitted will
not be returned. 12.3 The Website and/or the Services contain Content owned by HomeFinderPro
("HomeFinderPro
Content") The HomeFinderPro
Content is protected by copyright, trademark, patent, trade secret and
other laws. HomeFinderPro owns and retains all rights in the HomeFinderPro
Content and the Website and the Services. HomeFinderPro
hereby grants you a limited, revocable, non-sublicensable license to
reproduce and display the HomeFinderPro
Content (excluding any software code) solely for your personal,
non-commercial use in connection with viewing the Website and using the
Services. 13 E-mail Policy 13.1 We will not respond unless required to do so by law to any electronic
mail ("e-mail") sent to us which contains threatening,
abusive, malicious, pornographic, obscene, defamatory or otherwise
illegal or inappropriate material. We reserve the right to take such
action as we in our sole discretion deem fit in respect of such
material. 13.2 All e-mails received will be taken to be submitted, where appropriate,
for publication, free of charge. 13.3 We will not disclose any personal information under any circumstances
of any Home Finder Pro Limited
and/or any of its associate companies' staff. Where appropriate we will endeavor
to respond to e-mails within 24 hours of receipt, but we
cannot and do not guarantee to respond to e-mails. E-mails will
generally be stored for 6 months after which time they will
automatically be deleted. An e-mail sent to the incorrect destination is
liable to be deleted immediately. 14 Content Posted 14.1 HomeFinderPro may delete, or
refrain from posting any content that in the opinion of HomeFinderPro
violates this Agreement or breaches any relevant House Rules or which
may be offensive, illegal or violate the rights of any person or which
may harm, or threaten the safety of any person. Except to the extent
which cannot be excluded or limited by law or regulation in respect of
content on the Website which we moderate before posting, HomeFinderPro
assumes no responsibility for monitoring the Website or the Services for
inappropriate content or conduct. If at any time HomeFinderPro
chooses, in its sole discretion, to monitor the Website or the Services,
except as required by law or regulation, HomeFinderPro
nonetheless assumes no responsibility for the content (other than
HomeFinderPro Content), no
obligation to modify or remove any inappropriate content, and no
responsibility for the conduct of the User submitting any such content. 14.2 You are solely responsible for the Content that you post on or through
the Website or any of the Services, and any material or information that
you transmit to other Users and for your interactions with other Users.
HomeFinderPro does not endorse
and has no control over content posted by Users. Content is not
necessarily reviewed by HomeFinderPro
prior to posting and does not necessarily reflect the opinions or
policies of HomeFinderPro. HomeFinderPro makes
no warranties, express or implied, as to the Content or to the accuracy
and reliability of the Content or any material or information that you
transmit. 15 Content/Activity Prohibited The following is a partial list of the kind of content that is illegal or
prohibited to post on or through the Website or the Services. HomeFinderPro
reserves the right to investigate and take action against any User who,
in the opinion of HomeFinderPro,
violates this provision, including without limitation, removing the
offending communication from the Website or the Services, preventing
access to the Website and the Services and/or terminating the Client
status of such violators and/or reporting to law enforcement authorities
or regulatory bodies. Prohibited content includes, but is not limited to
content that, in the opinion of HomeFinderPro:
15.1 is offensive; 15.2 promotes racism, terrorism, hatred or physical harm of any kind against
any group or individual; 15.3 harasses or advocates harassment of another person; 15.4 exploits people in a sexual or violent manner; 15.5 contains nudity, violence, or offensive subject matter or contains a
link to an adult website; 15.6 solicits personal information from anyone under 18; 15.7 provides any telephone numbers, street addresses, last names, email
addresses or other contact or identifying details of any private
individual; 15.8 provides any telephone numbers, street addresses, email addresses or
other contact details of any public figure; 15.9 promotes information that you know or have reason to believe is false
or misleading or promotes illegal activities or conduct that is
objectionable, abusive, threatening, obscene, defamatory or libelous; 15.10 promotes an illegal or unauthorised copy of another person's
copyrighted work, such as providing pirated computer programs or links
to them, providing information to circumvent manufacturer-installed
copy-protect devices, or providing pirated music or links to pirated
music files or file sharing; 15.11 involves the transmission of "junk mail," "chain
letters," or unsolicited mass mailing, instant messaging, "spimming,"
or "spamming"; 15.12 contains restricted or password only access pages or hidden pages or
images (those not linked to or from another accessible page); 15.13 furthers or promotes any criminal activity or enterprise or provides
instructional information about illegal activities including, but not
limited to making or buying illegal weapons, violating someone's
privacy, or providing or creating computer viruses; 15.14 solicits passwords or personal identifying information for commercial
or unlawful purposes from other Users; or 15.15 involves commercial activities and/or sales without our prior written
consent such as contests, sweepstakes, barter, advertising, or pyramid
schemes. The following is a partial list of the kind of activity that is illegal or
prohibited on the Website and through your use of the Services.
HomeFinderPro reserves the
right to investigate and take appropriate legal action against anyone
who, in the opinion of HomeFinderPro,
violates this provision, including without limitation, reporting such
person to law enforcement authorities. Prohibited activity includes, but
is not limited to: 15.16 criminal activity or any tortious act or civil wrong, pornography,
incitement to racial hatred, incitement to terrorism, fraud, posting
obscene material, drug dealing, harassment, stalking, spamming, spimming,
sending of viruses or other harmful files, copyright infringement, trade
mark infringement, breach of confidence or theft of trade secrets; 15.17 advertising to, or solicitation of, any User to buy or sell any
products or services through the Services. You may not transmit any
chain letters or junk email to other Users. It is also a violation of
these rules to use any information obtained from the Services in order
to contact, advertise to, solicit, or sell to any User without their
prior explicit consent. 15.18 covering or obscuring the banner advertisements on your personal
profile page, or any page on the Website via HTML/CSS or any other
means; 15.19 any automated use of the system, such as using scripts to perform
automated operations; 15.20 interfering with, disrupting, or creating an undue burden on the
Website or the Services or the networks or services connected to the
Website of the Services; 15.21 attempting to impersonate another User, Client or person; 15.22 using the account, username, or password of another User or Client at
any time or disclosing your password to any third party or permitting
any third party to access your account; 15.23 selling or otherwise transferring your profile; 15.24 using any information obtained from the Website or the Services in
order to harass, abuse, or harm another person; 15.25 displaying an advertisement on your profile, or accepting payment or
anything of value from a third person in exchange for your performing
any commercial activity on or through the Website of the Services on
behalf of that person, such as placing commercial content on your
profile, or sending private messages with a commercial purpose; 15.26 using the Website or the Services in a manner inconsistent with any
and all applicable laws and regulations; 15.27 modifying, accessing or making available data stored on a computer
device which you have accessed through our network, when either the
owner of the data, computer or device has taken steps to prevent you
from doing this or the owner has expressed a wish that you do not do
this; 15.28 making available or uploading files that contain software or other
material, data or information not owned or licenced to you or collecting
information about others (eg names/addresses) without their prior
consent; 15.29 making available, uploading and distributing by any means any material
or files that contain any viruses, bugs, corrupt data, "Trojan
horses", "worms" or any other harmful software; 15.30 falsifying the true ownership of software or other material or
information contained in files made available via the Website or the
Services; or 15.31 Obtaining or attempting to obtain unauthorised access, through
whatever means, to the Website or the Services, other services or
computer systems or areas of our or any of our partners' networks which
are identified as restricted. 16 Copyright Policy You may not post, modify, distribute, or reproduce in any way any copyright
material, trademarks, or other proprietary information belonging to
others without obtaining the prior written consent of the owner of such
proprietary rights. 17 Privacy and Cookies When you visit the Website, we may send you a cookie. A cookie is a small
file that can be placed on your computer's hard disk for record keeping
purposes and we may use them to do a number of things: Cookies help us to recognise you when you next visit the Website and note
the content displayed to you. This allows us to tailor the content we
provide to your preferences. We may use the services of third party
content servers for this purpose. Cookies may be used to compile anonymous statistics related to the take up
or use of services, or to patterns of browsing. A third party collects
such data on our behalf to measure web site performance. Information
collected is aggregated for reporting purposes. No personally
identifiable information is collected by this service. The use of this
service assists us in measuring and improving the structure and ease of
use of the Website. The Website may contain third party advertising and sponsorship. It is
possible that these third party advertisers may download cookies to your
computer. Cookies may then be used to allow the advertisers to compile
anonymous statistics, personalise advertising content and monitor the
effectiveness of their campaigns. We cannot control nor do we have
access to any cookies placed on your computer by third party advertisers
and sponsors. Cookies cannot be used by themselves to identify you. You are not obliged to
accept cookies and may modify your browser so that it will not accept
cookies. Go to http://www.allaboutcookies.org/ for instructions on how
to manage cookies. Please be aware that if you disable cookies, many
services on the Website will not be available to you. Read our Privacy Policy
here. 18 Choice of law and Jurisdiction This Agreement shall be governed by and interpreted in accordance with
English law and you irrevocably agree that the courts of Nothing in this clause limits the right of HomeFinderPro to bring proceedings against you arising out of or in connection
with the Agreement (a) in any other court of competent jurisdiction or
(b) concurrently in more than one court of competent jurisdiction.. 19 Indemnity You agree to indemnify and hold HomeFinderPro, its subsidiaries, and affiliates, and their respective
officers, agents, partners and employees, harmless from any loss,
liability, demand, claim or legal proceedings brought or threatened,
including expenses of any character suffered or incurred arising out of
your use of the Website or the Services in violation of this Agreement,
and/or arising from your use of or conduct on the Website or in use of
the Services and/or a breach of this Agreement. 20 Other This Agreement is accepted upon your use of the Website or any of the
Services and is further affirmed by you becoming a Client. This
Agreement constitutes the entire agreement between you and HomeFinderPro regarding the use of the Website and the Services. The failure
of HomeFinderPro to exercise
or enforce any right or provision of this Agreement shall not operate as
a waiver of such right or provision. The section titles in this
Agreement are for convenience only and have no legal or contractual
effect. " HomeFinderPro”
and “HomeFinderPro.co.uk" are trading styles of Home Finder Pro Limited,
registered in |
© HomeFinderPro Ltd. 2010 Dominion House |
Dominion Way | Cardiff | CF24 1PT
