Property terms and conditions

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Property overseas worldwide Limited Terms & Conditions
Effective Date: 31st August 2007 In coorperation with www.facebooknorthwest.net

1. Introduction
1.1 This website is owned and operated by Propperty overseas worldwide Ltd, an English registered company (number 05729142). Our registered office is 17 Franchise Street, Kidderminster, Worcester, Dy65 6RN. Our trading address is 31 Foregate Street, Worcester, Wl1 1TH. Our other contact details are specified on our website. Our VAT number is 902162565.
1.2 Please read these terms and conditions ("T&Cs") carefully. By registering on this site, or by using this site or our services (whether or not you register), you agree to be bound by these T&Cs. If you do not accept them in full, you must not register on the site nor use our services.
1.3 We may change these T&Cs from time to time. Please check them whenever you visit the site. Your continued use of our site or services will constitute acceptance of such changes from their effective date as shown above. We will post any changes at least 14 days before they become effective.
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. RIGHT TO CANCEL UNDER DISTANCE SELLING REGULATIONS
2.1 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).
2.2 You may cancel your order within 7 days of placing your order by following the refund instructions on our website 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 service this occurs when your advertisement appears on our site.
3. Use of our site and services
3.1 You must be 18 years or over to use our site or services.
3.2 The primary purpose of our site is to enable the listing or other advertisement of property for sale or rent as well as of related products / services. We cannot accept legal responsibility for the accuracy of, or otherwise in relation to, the content of any advertisement (whether for property or otherwise) or in connection with any consequent transactions. If you intend to act on any advertisement on our site, you must make appropriate enquiries before proceeding including as to its accuracy and suitability for your purposes and you must also take appropriate advice.
3.3 We do not promise that any of our own content which we post or otherwise make available on our site of via or services (including downloadable contract templates) is accurate, reliable or up to date. You use or rely on it at your own risk. Contract templates are not intended to constitute legal or other advice and may not be suitable for your circumstances. You must take legal advice before using such templates.
3.4 We may in our discretion change or remove any feature of our site or services. 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.
3.5 You must comply with our reasonable instructions concerning use of our site or services.
3.6 You must supply us with correct information on registration and keep your information up to date.
3.7 You must not:
3.7.1 use our site or services for junk mail, spam and pyramid or similar or fraudulent schemes;
3.7.2 do anything which may have the effect of disrupting our site or services including worms, viruses, software bombs or mass mailings;
3.7.3 attempt to gain unauthorised access to any part of the site or services or related equipment; or
3.7.4 use our site and services other than for the purposes set out in these terms and conditions.
3.8 We provide website enquiry forms with each advertisement for the sole use of users making genuine enquiries relating to the advertisement. We reserve the right to monitor use of these forms and to delete any communications which are not genuine (such as unsolicited commercial marketing).
4. Advertisements
4.1 We reserve the right to check all new advertisements submitted to us and do not promise that they will be displayed within any particular timeframe. We reserve the right in our discretion to reject advertisements. If the advertisement has been paid for, we will refund the payment less an administration fee.
4.2 Advertisers must ensure that all listings and other advertisements are accurate and up to date, are not misleading, comply with all applicable laws and regulations 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.
4.3 All advertisements must also comply with the following advertising guidelines:
4.3.1 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
4.3.2 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.
4.4 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)or to locate or relocate advertisements on our site where we think fit. We also reserve the right to charge for the inclusion of hyperlinks if so stated on our site.
4.5 Only one property can appear on each advertisement, 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 advertisement. The property initially listed may not be changed without our prior written consent.
4.6 We may at any time immediately terminate your registration or use of our site or services without cause including removal of any advertisement. If so we will refund in full any fees already paid for the period in which we take such a step.
4.7 If:
4.7.1 we have reason to believe that an advertisement may breach this agreement or that it is necessary to protect us or our users; or
4.7.2 we receive a complaint relating to an advertisement or to products or services referred to in an advertisement; or
4.7.3 if we are required by law or appropriate authority
we may without giving notice or reasons remove or suspend any advertisement or terminate a person's registration or right to use our site or services. In such case we will provide a refund pro rata for any unused period.
4.8 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 or services.
4.9 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 service or re-post or re-submit the relevant content as the case may be.
5. Payment
5.1 A binding contract occurs when we receive your order to place an advertisement which has been submitted via our website.
5.2 Any fees will be automatically rebilled after the relevant subscription period(s) stated on our site unless you decide to cancel your advertisement within your "my account" page before the rebilling date. 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 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.
5.3 All fees shown on our site include VAT unless otherwise stated. We may change the fees on our website 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 can cancel your advertisement within your "my account" page before the change takes effect.
6. No quibble refund policy
6.1 If you wish to cancel your online payment for any reason, we offer a refund of the advertising fee paid (less an 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.
7. Security
7.1 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.
7.2 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.
7.3 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.
8. Functioning of our site and services
8.1 You will need reliable internet access. Some features will require broadband access for the best quality of service.
8.2 We do not guarantee that our site or services will operate either fully or in part on any specific computer equipment or with any specific software or that it is free from viruses or anything else which may have a harmful effect on any technology.
8.3 We do not guarantee that our site or services will be uninterrupted or error-free. We will use our reasonable endeavours to rectify faults if they do occur.
8.4 We reserve the right to suspend our site or services without notice for repair, maintenance or other technical reasons.
9. Third party websites
9.1 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. You use such third party sites at your own risk.
10. Intellectual property rights
10.1 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.
10.2 If you copy any content as permitted above, you must ensure that our copyright notice on the relevant page is included.
10.3 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. You waive your moral rights in relation to such content.
11. Limitation of liability
11.1 This section (and any other clause excluding or restricting our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce such rights under the Contracts (Rights of Third Parties) Act 1999) as well as to us. 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.
11.2 In the case of advertisers, our liability of any kind (including our own negligence) with respect to our site or services 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.
11.3 In no event (including our own negligence) will we be liable for any:
11.3.1 economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
11.3.2 loss of goodwill or reputation;
11.3.3 special, indirect or consequential losses; or
11.3.4 damage to or loss of data
(even if we have been advised of the possibility of such losses).
12. Indemnity
12.1 You will indemnify us (including our directors, officers, employees, subcontractors, agents and affiliated companies) against all claims and liabilities directly or indirectly related to your advertisement (if you are an advertiser) and/or breach of this agreement.
13. Force majeure
13.1 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.
14. General
14.1 This agreement constitutes the entire agreement between you and us in connection with our site or service. We may assign all or part of our rights or duties under this agreement; you may not do without our prior written consent. Any failure by us 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.
15. Law and jurisdiction
15.1 This contract shall be governed by English law and any disputes will be decided only by the English courts.
16. Complaints
16.1 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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