Definitions
In these Member Terms and Conditions, the following definitions shall apply:
“Agent” means an estate agent, lettings agent (and in Scotland, solicitor agents) and/or commercial property agent;”Business Day” means any day other than a Saturday, Sunday or public holiday in England, when the banks in London are open for business;”Business Hours” means between the hours of 9:00am to 5:00pm (GMT) on a Business Day;
“Content” means any content and materials made available by, on behalf or on the instruction of, the Member to Property Location Company on the Website(s), including (without limitation) property details, any intellectual property rights, Lead Content, Photograph Content and Video Content;
“Contract” or “Agreement” means a contract for Services between Property Location and the Member governed by these Member Terms and Conditions, the Order Form and, where appropriate, Product Specific Terms and Conditions;
“Controller” is defined in the Data Protection Legislation;”Data Subject” is defined in the Data Protection Legislation;
“Data Subject Rights” means the rights of Data Subjects set out in Chapter III of the GDPR;
“Developer” means a property developer, agencies which act on behalf of a property developer, housing associations, companies or agencies which operate within the retirement property market and all other agencies, companies and property developers which deal with the marketing of properties (except for Agents and Online Agents);”Development” means a newly built property, or a newly converted building where there has been a change of use from something other than residential usage, which carries some form of new build warranty and be classed as ‘new’ for mortgage purposes;
“Fees” means the amounts due to Property Location by the Member under the Contract and set out or calculated in accordance with the Order Form.
“Force Majeure Event” means an Act of God; war; riot, civil commotion; strike, lockout or other labour disturbance (not including those involving the party’s employees); or any other circumstances beyond the control of the party seeking to invoke Force Majeure which include outbreak of epidemics and infectious diseases such as plagues, quarantine restrictions or restrictions against entry into any country where services or materials are being obtained or delivered and which operate to frustrate the Contract;
“Initial Term” means an initial term of the Contract, if any, as set out in the Order Form or agreed by the parties in writing;
“Lead” means either an email or telephone call received by the Member from any person who has contacted the Member using the contact form or contact details supplied on the Website(s);
“Lead Content” means any data or information generated by or resulting from the activities of a Lead;
“Logo” means the Property Location logo provided to the Member;
“Marketing Materials” means the marketing materials provided to the Member by Property Location Company for the purpose of promoting the Services;”Member” means the Agent, the Online Agent or the Developer set out in the Order Form;
“Minimum Term” any minimum order period or term (other than the Initial Term or Renewal Term) for Services as set out in a Services Amendment Form or on Property Location;
“Online Agent” means an estate agent, lettings agent (and in Scotland, solicitor agents) and/or commercial property agent that operates primarily via a website (rather than a physical branch) and/or does not operate through a local office network;
“Order Form” means the order form for Services (as agreed, amended or added to from time to time by a Services Amendment Form, via Property Location, via Salesforce or otherwise by the parties in writing) indicating the Services to be provided under the Contract together with any specific terms relating to Fees or portal obligations;
“Personal Data” is defined by the Data Protection Legislation;
“Photograph Content” means any Content in a photograph format;
“Photograph Content Criteria” means the Photograph Content criteria notified to the Member from time to time;
“Processor” is defined in the Data Protection Legislation;
“Product Specific Terms and Conditions” means additional terms and conditions that relate to specific Services provided by Property Location and to which, in addition to these Member Terms and Condition, the Member shall be subject whilst in receipt of such Services;
“Relevant Requirements” means all applicable laws, statutes, regulations, and codes relating to anti-bribery and anti-corruption, including the Bribery Act 2010;”Services” means the services to be provided by Property Location as set out in the Order Form and which may include any, or a combination, of the following:
“Start Date” means a start date for the Contract as may be specified in the Order Form;
“Unique User” means a uniquely identifiable visitor to the Website(s) within any calendar month;
“Upload Systems” means any system made available by Property Location to the Member to facilitate the supply of Content to the Website(s);
“Video Content” means any audio-visual multimedia Content in a video format;
“Video Content Criteria” means the Video Content criteria notified to the Member from time to time;
“Website(s)” means any mobile application, the website located at www.propertylocation.co.uk and any other website whose domain is owned or controlled or powered by Property Location or any Group Company as Property Location may determine and via which Services are provided;
“Property Location” or “the Company” means Property Location Limited, a company incorporated in England and Wales with Company No. 15541344 whose registered office is at 155 Normanton Road Derby, DE23 6UR
Using our Services
You must follow any policies made available to you within the Services.
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not Property Location. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
Other than as expressly set out in these terms or additional terms, neither Property Location nor its suppliers or distributors make any specific promises about the services. For example, we don’t make any commitments about the content within the services, the specific functions of the services, or their reliability, availability, or ability to meet your needs. We provide the services “as is”.
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement to the extent permitted by law, we exclude all warranties.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between Property Location and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of England, UK will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in England, and you and Property Location consent to personal jurisdiction in those courts.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Property Location and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
Payment
Property Location shall invoice the Member upon its registration to Property Location and the invoice shall become payable each month.
The Member shall pay the fees to Property Location on the due date and where payment is to be made by direct debit the Member hereby authorises Property Location (or a payment service provider, such as Stripe, on its behalf) to collect the payment on the due date.
A Force Majeure Event shall not relieve a party of its duty to pay the fees as they fall due under this Agreement up to the date of termination and no refunds of fees paid in advance shall be payable as a result of a Force Majeure Event.
If the Member fails to pay any amount due to Property Location by the due date for payment, then, Property Location shall be entitled to terminate or suspend provision of the Services , remove any reference or prevent access to the Content on the Site until payment of all outstanding fees are made in full.
Liability for our Services
When permitted by law, Property Location, and Property Location’s suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
To the extent permitted by law, the total liability of Property Locations, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the services (or, if we choose, to supplying you the services again).
In all cases, Property Location, and its suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.
Privacy and Copyright Protection
Property Location privacy policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Property Location can use such data in accordance with our privacy policies.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers.
