Terms and Conditions Agreement

Last updated: 6 September 2006

Company Registration Number: OC322687
Data Notification Number: PZ9578989

Welcome to www.propertyfriends.co.uk ("Propertyfriends.co.uk" or "We" or "Us"), the service for adults to meet each other online who wish to purchase property together.

This agreement applies to the entire contents of this website under the domain Propertyfriends.co.uk ("Website") and to any correspondence, including e-mail, between us and you. Please read these Terms and Conditions carefully before using this Website. Using this Website indicates that you accept these terms without modification regardless of whether or not you choose to register with us as a member and constitutes you being a party to this Agreement. If you do not accept these terms, do not use this Website.

You can print the Terms and Conditions Agreement or store them on your computer for later reference.

Once you have completed your online registration procedure, your membership has been activated and you have entered into a legally binding contract for the provision of the Propertyfriends.co.uk service (the "Service").

Acceptance of Terms

We provide the Service to you through the website, subject to the following Terms and Conditions, which may be updated by us intermittently by posting the changes on the Site. As a user of the site, it is your responsibility to review the Terms and Conditions periodically for changes and by using the site you agree to be legally bound by the Terms and Conditions as posted on the Site.

Eligibility

You must be eighteen years of age or over to register as a member and be a user of Propertyfriends.co.uk. Membership of the Service is invalid where it has been prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You agree that any information which you provide to Us is true, accurate and current and you agree to maintain your information, keeping it up-to-date. If at any point we believe the information given not to be true, accurate and current we reserve the right to temporarily or permanently suspend or terminate your account.

Registration and Subscription / Scope of Service

You may become a member of the Service at no cost. As a member you will have the ability to participate in some, but not all, of the features and services available within the Service. In order to access additional features and services, including the capability to communicate with other members, you must become a paying subscriber to the Service. Please see our billing details for a description of the current continuous service rates. This rate list is part of this Agreement and we can change the subscription fees for the Service at any time but we will give you reasonable notice of this before we do so. If you are unhappy with any subscription fee changes you may terminate your membership by emailing admin@propertyfriends.co.uk

The Service enables you to contact other members. Propertyfriends.co.uk is not obligated to successfully broker any other members for you.

Term and Termination

This Agreement will remain in effect while you are a member of the Service. Under the United Kingdom Consumer Protection (Distance Selling) Regulations 2000 (as amended), you can postpone commencement of the Service until the seven working day cooling-off period has expired. However, if you choose to become a member and enter the Website, you are electing to commence the Service immediately and you thereby waive any right to cancel the Service under the above Regulations.

We may terminate your membership immediately, including your access to the Service at any time if you have breached this Agreement and will send you notice of termination at the email address you provide in your application for membership or such other email address as you may later provide to us. If we terminate your membership of the Service because you have breached the Agreement, we will refund any pre-payments made by you, less reasonable costs and losses we have incurred. We can terminate this Agreement at any time by giving you reasonable advance written notice, by email or letter.

You may terminate your membership at any time, for any reason, effective upon receipt by us of your email notice of termination. You may email us @ admin@propertyfriends.co.uk

If you decide to terminate your subscription, your subscription will remain active until the end of the period through which you had paid prior to your termination. In the case of violation of any of the terms of this Agreement by you, we may block your account, delete prohibited content and / or prevent publication of all or part of your profile. We may also block your access to all or part of the Service permanently or temporarily.

If you are not a paying subscriber Propertyfriends.co.uk may deactivate the accounts of members who have not used the Service for a period of six months or more (calculated by the date of last connection to the Service).

Non Commercial Use by Members

The Website is for the personal use of individual members only and may not be used in connection with any commercial endeavours. Organisations, companies, and/or businesses may not become members and should not use the Service or the Website for any purpose. Illegal and/or unauthorised uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorised framing of or linking to the Website will be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress.

Proprietary Rights in Content on Propertyfriends.co.uk

Propertyfriends.co.uk owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other intellectual property and proprietary information of Propertyfriends.co.uk, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, reproduce, license, create derivative works from, transfer display, or sell or re-sell any such intellectual property or proprietary information.

Content Posted on the Site and Prohibited Content

  • The information that you supply to Propertyfriends.co.uk and post on the Website must be accurate and true
  • Other than personally identifiable information which relates to a living individual who can be identified from that information, which will be used in accordance with our Privacy Policy, any material that you transmit or post to this Website will be considered non-proprietary and non-confidential. We will have no obligations with respect to such material. We will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes
  • Propertyfriends.co.uk may review and delete any content, Mailbox messages, Propertyfriends.co.uk Chat messages, photos or profiles (collectively, "Content") that in the reasonable judgment of Propertyfriends.co.uk break this Agreement or which might be offensive, illegal, or that might break the rights, harm, or threaten the safety of members
  • You are exclusively responsible for the Content that you publish, post, display or submit (hereinafter, "post") on the Service, or transmit to other members via the Service. You represent and warrant that at any time of posting the Content is (a) not in breach of this Agreement, (b) accurate, and (c) not harmful to any person in any way
  • You will not transmit, upload or post anything that may be deemed as racially offensive, obscene, indecent, abusive, harassing, threatening, defamatory, libelous or fraudulent
  • By posting Content to any public area of Propertyfriends.co.uk, you automatically grant, and you represent and warrant that you have the right to grant, to Propertyfriends.co.uk an irrevocable, perpetual, non-exclusive, fully paid, worldwide licence to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorise sub-licences of the foregoing
Prohibited Activities

Propertyfriends.co.uk reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or unlawful or illegal. The following is a non-exclusive list of the type of actions that you may not engage in with respect to the Service:

  • You will not impersonate any person or entity
  • You will not harass or “stalk” any person
  • You will not transmit, post or upload to the Site or our servers or send to any Members content showing your personal details, URL or any other information that would enable other Users to contact you directly
  • Without our written consent, you will not imply that any statements you make are endorsed by Propertyfriends.co.uk
  • You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents
  • You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other intellectual property or proprietary information without obtaining the prior consent of the owner of such proprietary rights
  • You will not remove any copyright, trademark or other proprietary rights notices contained in the Service
  • You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site
  • You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
  • You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service
  • You will not "frame" or "mirror" any part of the Service or the Website, without Propertyfriends.co.uks prior written authorisation. You also shall not use meta tags or code or other devices containing any reference to Propertyfriends.co.uk or the Service or the site in order to direct any person to any other web site for any purpose
  • You will not transmit or post any material which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in the UK or any other country in the world
  • You will not assign, transfer or authorise any other person to use your account
  • Except and only to the extent permitted under applicable law, you will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so
Account Security

You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process with the Service, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Propertyfriends.co.uk of any unauthorised use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session.

Propertyfriends.co.uk will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Price and Payment

The price of the service will be shown on the FAQs page on the Website and is inclusive of any applicable VAT. You will pay all sums due to Propertyfriends.co.uk by the means of payment specified on the site and without any set-offs, deductions, counterclaim and/or any other withholding of monies. Payment will not be deemed to have been made until we have received cleared funds in respect of the full amount outstanding.

Modifications to Service / Service Access

Propertyfriends.co.uk endeavours to ensure the Website is usually available at all times, we do not guarantee it will be uninterrupted or error free. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. This may be due to system failure, maintenance or repair or for reasons beyond our control.

You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the service.

Propertyfriends.co.uk reserves the right to remove from the Site any material for any reason without notice to you or any third parties at our sole discretion. We accept no liability for loss or damage as a result of any such removal.

Customer Service

Propertyfriends.co.uk provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you may not be abusive, obscene, profane, offensive, sexist, threatening, harassing or racially offensive. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.

Copyright Policy

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other intellectual property or proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please email admin@propertyfriends.co.uk

Member Disputes

You are solely responsible for your interactions with other Propertyfriends.co.uk members. Propertyfriends.co.uk has no obligation, to monitor disputes between you and other members, but reserves the right.

You agree to indemnify Propertyfriends.co.uk against any costs, claims, expenses or legal proceedings which may be taken as a result of breach of any of the Terms and Conditions contained in these terms.

Respecting Members' Rights

You agree to respect the confidential information of all members and at all times including but not limited to their identity (unless required to disclose it by law or by us pursuant to these Terms and Conditions or to investigate possible breaches of these Terms and Conditions by you or a third party).

Disclaimers

The material on this Website is provided ‘as is’ without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Propertyfriends.co.uk provides you with this Website on the basis that Propertyfriends.co.uk excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.

We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Service by us, our partners or any member or any other person or entity. You acknowledge that any reliance upon such opinion, member profile, advice, statement or information is at your own risk. We are not responsible for the conduct, whether online or offline of our members. This legal notice and the foregoing disclaimers are without prejudice to any mandatory legal rights that cannot be excluded under applicable law including your statutory rights as a consumer.

Limitation on Liability

Nothing in this legal notice shall exclude or limit Propertyfriends.co.uk’s liability for (i) death or personal injury caused by negligence [(as such term is defined by the Unfair Contract Terms Act 1977)]; (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.

Subject to the foregoing, Propertyfriends.co.uk, and any of Propertyfriends.co.uk’s group companies, will not be liable or responsible to you or any third person for any amount or kind of loss or damage that may result (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption of any type, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Service or this Website in any way or in connection with the use, inability to use or the results of use of this Website.

Subject to the foregoing, Propertyfriends.co.uk’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Propertyfriends.co.uk for the Service during the term of membership.

Modifications to this Agreement

We may alter or amend our terms and conditions upon giving reasonable notice in advance of such amendment taking effect. If upon receiving any notice, if you do not wish to continue with the Service, you may terminate the contract upon giving us notice, such notice to take effect upon the earlier of our receipt of your notice or the date upon which the amended terms and conditions would otherwise have taken effect. You will be deemed to have accepted any alteration and/or amendment if you continue to use the Service after the relevant period of notice has expired.

Ownership of Rights

All materials on the Website are copyrighted and are protected under treaty provisions and copyright laws with all rights reserved. Propertyfriends.co.uk materials may not be reproduced, copied, edited, published, transmitted or uploaded in any way without Propertyfriends.co.uk’s written permission. Except as expressly stated in the limited licence provisions in this Agreement, Propertyfriends.co.uk does not grant any express or implied right to you under any of its trademarks, copyrights or other intellectual property or proprietary information.

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, download extracts of any page/s from our site for your personal reference and you may draw attention of others to material posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Pre-Approval of advertisements, articles and any written data

Propertyfriends.co.uk will review and pre-approve any advertisement, articles or written data proposed for publication on the Site before publishing. The advertisement, articles or written data may be rejected on the grounds that its content is a breach of these Terms or any other grounds solely at Propertyfriends.co.uk discretion.

If at any time you make changes to the material which Propertyfriends.co.uk had previously approved in such a way as that material would not have received pre-approval, Propertyfriends.co.uk reserves the right to remove your material from the Site and to retain any monies paid over without obligation to refund any monies. This right of removal and non-refund may be exercised at the sole discretion of Propertyfriends.co.uk and without good reason.

Release

In the event that you have any claim or action against any other member arising from that member’s use of our Website or the Service, you agree to pursue such claim or action independently of and without any demands from us, and you release us from all claims, liability and damages, arising from or in any way connected to the claim or action.

In the event that a claim or action is brought against us from your activities or use of the Website or the Service, including any breach by you of this Agreement or any charges or complaints made by other parties against you, you agree to pay, hold harmless and defend us in the claim or action. You also agree to cooperate as fully as reasonably required in the defence of any claim and allow us to assume the exclusive defence and control of the matter.

Severance

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

Assignment

Propertyfriends.co.uk may, and you may not, assign, convey, subcontract or delegate rights, duties or obligations hereunder.

Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Propertyfriends.co.uk as a result of this agreement or use of this Website.

Violations

We ask that you report any violations of the Terms and Conditions to admin@propertyfriends.co.uk

Special Admonition for Services Relating to Financial Matters

The Service is provided for informational purposes only and no content included on the site is intended for trading or investing purposes. We will not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the site, and will not be responsible or liable for any trading or investment decisions made based upon such information.

Other

This Agreement, accepted upon use of the Website and further affirmed by becoming a member of the Service, contains the entire agreement between you and Propertyfriends.co.uk regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

Contact Information

If you have any questions about the rights and restrictions above, please contact us at admin@propertyfriends.co.uk

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

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