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.