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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY AFFECT YOUR
RIGHTS AND OBLIGATIONS.
THESE TERMS AND CONDITIONS APPLY TO THE ENTIRE CONTENTS OF ALL THE SITES
ASSOCIATED WITH "THE PROPERTY PORTAL (UK) LTD" GROUP AND TO ANY
CORRESPONDENCE BY
E-MAIL BETWEEN "THE PROPERTY PORTAL (UK) LTD" AND YOU.
USING ANY SITE ASSOCIATED WITH "THE PROPERTY PORTAL (UK) LTD" WEBSITES
INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS IN FULL REGARDLESS
OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US. IF YOU DO NOT ACCEPT
THESE TERMS AND CONDITIONS, PLEASE DO NOT USE.
THESE TERMS AND CONDITIONS ARE ISSUED BY "THE PROPERTY PORTAL (UK) LTD"
COMPANY REGISTRATION NUMBER 4952180 ELECTRA HOUSE, WIGGENHALL IND EST,
WIGGENHALL ROAD WATFORD HERTS WD18 0FG.
These Terms and Conditions were last updated on 2nd April 2004.
1 Introduction
1.1 You will be able to access certain areas of the websites without
registering your details with "The Property Portal (UK) Ltd". Certain
areas of the associated
websites are only available if you register.
1.2 "The Property Portal (UK) Ltd" may revise these Terms and Conditions
at any time
by updating this posting. You should check the
groups www.thepropertyportalgroup.co.uk website from time to time to
review the then
current legal notice, because it is binding on you and "The Property
Portal (UK) Ltd". Certain
provisions of these Terms and Conditions may be superseded by expressly
designated legal notices or terms located on particular pages on The
Property Portal Group and Associated websites.
2 Licence
2.1 You are permitted to print and download extracts from any of The
Property Portal Group and Associated
websites
for your private, non-commercial use, based on the following:
2.1.1 no documents or graphics on the main or Associated websites are
modified in any way;
2.1.2 no graphics on the main or Associated sites are used separately
from accompanying
text; and
2.2 Unless otherwise stated, the copyright and other intellectual
property rights (including database right) in all material on the The
Property Portal Group and Associated websites
(including without limitation photographs and graphical images) are
owned by "The
Property Portal (UK) Ltd" or its licensors. For the purposes of these
Terms and Conditions, any use
of extracts from the The Property Portal Group or Associated websites
other than in accordance with paragraph
2.1 above for any purpose is prohibited. If you breach any of these
Terms and Conditions, your permission to use The Property Portal Group
and Associated sites automatically terminates
and you must immediately destroy any downloaded or printed extracts from
the The Property Portal Group and Associated Websites.
2.3 Subject to paragraph 2.1, no part of the The Property Portal Group
or Associated sites may be reproduced
or stored in any other Website or included in any public or private
electronic retrieval system or service without "The Property Group (UK)
Ltd" prior
written
permission.
2.4 Any rights not expressly granted in these terms are reserved.
2.5 If you wish to use any material on the The Property Portal Group or
Associated websites outside the licence
granted in this clause 2, you must seek written permission from "The
Property Portal Group (UK) Ltd" and
comply with any additional restrictions if permission is granted. "The
Property Portal (UK) Ltd" may
grant or withhold permission in their absolute discretion.
3 Service access
3.1 While "The Property Portal (UK) Ltd" endeavours to ensure that The
Property Portal Group and Associated sites is normally
available 24 hours a day, "The Property Portal (UK) Ltd" will not be
liable if for
any reason any of the websites are unavailable at any time or for any
period.
3.2 Access to the The Property Portal Group and Associated Websites
(either in its entirety, or to elements of
it) may be suspended and without notice.
4 Visitor material and conduct
4.1 Any material you transmit or post to The Property
Portal Group or Associated
websites will be considered non-confidential and non-proprietary. "The
Property Portal (UK) Ltd" will
have no obligations with respect to such material. "The Property Portal
(UK) Ltd"
and its designees
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.
4.2 You are prohibited from posting or transmitting to or from The
Property Portal Group or Associated
website any material:
4.2.1 that is threatening, defamatory, obscene, indecent, seditious,
offensive, pornographic, abusive, liable to incite racial hatred,
discriminatory, menacing, scandalous, inflammatory, blasphemous, in
breach of confidence, in breach of privacy or which may cause annoyance
or inconvenience;
4.2.2 for which you have not obtained all necessary licences and/or
approvals;
4.2.3 which constitutes or encourages conduct that would be considered a
criminal offence, gives 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; or
4.2.4 which is technically harmful (including, without limitation,
computer viruses, logic bombs, Trojan horses, worms, harmful components,
corrupted data or other malicious software or harmful data).
4.3 You may not misuse the The Property Portal Group or Associated sites
(including,
without limitation, by
hacking).
4.4 "The Property Portal (UK) Ltd" will co-operate fully with any law
enforcement
authority or court
requesting or directing "The Property Portal (UK) Ltd" to disclose the
identity or
locate anyone
posting any material in breach of paragraph 4.2 or paragraph 4.3 of
these Terms and Conditions.
5 Third party websites
5.1 Links to third party websites on The Property Portal Group and
Associated websites are provided solely
for your convenience. If you use these links, you leave The Property
Portal Group and
Associated websites.
"The Property Portal (UK) Ltd" has not reviewed these third party
websites and does
not control and is
not responsible for these websites or their content. "The Property
Portal (UK) Ltd
therefore does not
endorse or make any representations about them, or any material found
there, or any results that may be obtained from using them. If you
decide to access any of the third party websites linked to The Property
Portal Group and Associated websites,
you do so entirely at
your own risk.
5.2 If you would like to link to The Property Portal Group and
Associated websites,
you may only do so on
the basis that you link to, but do not replicate, the home page of The
Property Portal Group or Associated
websites, and subject to the following conditions:
5.2.1 you do not remove, distort or otherwise alter the size or
appearance of the "The Property Portal (UK) Ltd" logo;
5.2.2 you do not create a frame or any other browser or border
environment around The Property Portal Group or Associated sites;
5.2.3 you do not in any way imply that "The Property Portal (UK) Ltd" is
endorsing
any products or
services other than its own;
5.2.4 you do not misrepresent your relationship with "The Property
Portal (UK) Ltd"
nor present any
other false information about "The Property Portal (UK) Ltd";
5.2.5 you do not link from The Property Portal Group or Associated
website that is not
owned by you; and
5.2.7 your website does not contain content that is distasteful,
offensive or controversial, infringes any intellectual property rights
or other rights of any other person or otherwise does not comply with
all applicable laws and regulations.
5.3 "The Property Portal (UK) Ltd" expressly reserves the right to
revoke the right
granted in
paragraph 5.2 for breach of these Terms and Conditions and to take any
action it deems appropriate.
5.4 You shall fully indemnify "The Property Portal (UK) Ltd" for any
loss or damage
suffered by "The Property Portal (UK) Ltd" or any of its group companies
for breach of paragraph 5.2.
6 Registration
6.1 Each registration is for a single user only. "The Property Portal
(UK) Ltd" does
not permit you to
share your user name and password with any other person nor with
multiple users on a network.
6.2 You must ensure that the details provided by you on registration or
at any time are correct and complete and inform "The Property Portal
(UK) Ltd" immediately
of any changes by
updating your details. Responsibility for the security of any passwords
issued rests with you. If you know or suspect that someone else has your
password you should contact "The Property Portal (UK) Ltd" immediately
by emailing info@thepropertyportaluk.com
7 Disclaimer
7.1 While "The Property Portal (UK) Ltd" endeavours to ensure that the
information
on the The Property Portal Group and Associated
websites are correct, "The Property Portal (UK) Ltd" relies on
information provided
by third parties and
does not undertake any checks on the information to verify its
correctness. Therefore, "The Property Portal (UK) Ltd" does not warrant
the accuracy and completeness of the
material on the The Property Portal Group or Associated websites. "The
Property Portal (UK) Ltd" may make changes to the material on
the The Property Portal Group or Associated websites, or to any
products, services and prices described in it,
at any time without notice. The material on The Property Portal Group or
Associated
websites may be out of
date, and "The Property Portal (UK) Ltd" makes no commitment to update
such material. You should make
your own enquiries as to the accuracy of any information or material
available from The Property Portal Group and Associated websites.
7.2 The material on The Property Portal Group and Associated websites is
provided ‘as
is’ without any
conditions, warranties or other terms of any kind. The information
provided is not a substitute for legal, financial, real estate or other
expert advice. Accordingly, to the maximum extent permitted by law, "The
Property Portal (UK) Ltd"
provides you with
the The Property Portal Group and Associated websites on the basis that
"The Property Portal (UK) Ltd" 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 these
Terms and Conditions might have effect in relation to The Property
Portal Group and Associated websites.
8 Liability
8.1 Because "The Property Portal (UK) Ltd" relies on information
provided by third
parties and
provides The Property Portal Group and Associated websites to you free
of charge, "The
Property Portal (UK) Ltd", any other party
(whether or not involved in creating, producing, maintaining or
delivering The Property Portal Group and Associated websites,)
and any of "The Property Portal (UK) Ltd" Group companies and the
officers, directors, employees, shareholders or agents of any of them,
exclude all liability and responsibility for any amount or kind of loss
or damage that may result to you or a third party (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, and whether in tort (including without limitation
negligence), contract or otherwise) in connection with the The in any
way or in connection with the use, inability to use or the results of
use of The Property Portal Group and Associated websites, any websites
linked to the
The Property Portal Group and Associated websites or the material on
such websites, including but not limited to
loss or damage due to viruses that may infect your computer equipment,
software, data or other property on account of your access to, use of,
or browsing The Property Portal Group and Associated websites or your
downloading of any material from The Property Portal Group and
Associated websites or any websites linked to The Property Portal Group
and Associated websites.
8.2 Nothing in these Terms and Conditions shall exclude or limit "The
Property Portal (UK) Ltd"
liability for (i) death or personal injury caused by negligence (as such
term is defined by the Unfair Contract Terms Act 1977); (ii) fraudulent
misrepresentation or (iii) any liability which cannot be excluded or
limited under applicable law.
8.3 If your use of material on The Property Portal Group and Associated
websites results in the need for
servicing, repair or correction of equipment, software or data, you
assume all costs thereof. You assume all costs for telecommunications
links and computer equipment necessary for you to access the Internet
and view The Property Portal Group and Associated
websites.
9 Governing law and jurisdiction
9.1 These Terms and Conditions shall be governed by and construed in
accordance with English law. Disputes arising in connection with these
Terms and Conditions shall be subject to the exclusive jurisdiction of
the English courts.
10 General
10.1 You may not assign, sub-license or otherwise transfer any of your
rights under these Terms and Conditions.
10.2 If any provision of these Terms and Conditions is found to be
invalid by any court having competent jurisdiction, the invalidity of
that provision will not affect the validity of the remaining provisions,
which shall remain in force.
10.3 If you breach these Terms and Conditions and "The Property Portal
(UK) Ltd" ignores this, "The Property Portal (UK) Ltd" will still be
entitled to use its rights and remedies at a later date or in
any other situation when you breach these Terms and Conditions.
10.4 "The Property Portal (UK) Ltd" shall not be responsible for any
breach beyond
its reasonable
control.
10.5 A person who is not a party to these Terms and Conditions shall
have no right under the Contracts (Rights of Third Parties) Act 1999 to
enforce any terms in these Terms and Conditions but this shall not
affect any right or remedy of a third party which exists or is available
apart from that Act.
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