These are the Terms and Conditions of “ Property Deals Insights Ltd.,
Agreement – the Terms and Conditions as set out in this Agreement
Client – the person or company whom purchases the Services – “You” or “Yours”
Confidential Information – Information which is proprietary and confidential and which is identified as such.
Intellectual Property Rights – any identifiable information and detail belonging to Us. See Clause 6
Interpretation – the definitions and rules of interpretation apply to these Terms and Conditions
Parties – Us and You
Property Deals Insight Ltd – a company registered in England, register number 12254635 and registered office 39, Torver Road, Harrow, Middlesex, HA1 1TH “Us” “ We” or “Ours”
Site – www.propertydealsinsight.com
Subscription – the fees paid to Us by You
Termination – termination of Your User Account
User Account – such account as registered to You and only accessible with Your confidential password
1.2 This license is granted only for Your personal use and for no other person or third party.
1.3 You acknowledge and agree that You will not allow any third party or other persons access to the Site or its Services through Your User Account or in any other way during the Term that this license is granted.
1.4 You acknowledge and agree that You shall not provide these Services supplied to You by Us to any other persons or third party at any time.
1.5 You may not license, sell, rent, transfer display, disclose or otherwise commercially exploit the Services supplied to You by Us except as authorised under the Terms of this Agreement.
1.6 You may not attempt to assist any other persons or third party to access the Services supplied to You by Us other than as under the Terms of this Agreement.
1.7 You will use your best endeavours to prevent any unauthorised access to these Services supplied to You by Us.
1.8 These rights granted under this Agreement are for the exclusive use of the Client only and no other person, third party, affiliate, subsidiary or holding company.
2.USER ( Subscription ) ACCOUNT AND FEES
2.1 You acknowledge and agree to ensure the confidentiality of your subscription User ( Subscription ) account and password and not to share or allow any other party access to them.
2.2 You agree that it is Your sole responsibility to restrict access to Your User Account and password and acknowledge and agree that it is Your responsibility for restricting access to Your computer to maintain the security of Your User Account.
2.3 You agree that You and not Us are solely responsible for any activity on Your User Account that occurred under Your password.
2.4 If We suspect that Your User Account has been used by any person other than You We reserve the right to Terminate the User Account without reference to You and with no liability to You.
3. NO WARRANTIES OR REPRESENTATIONS
3.1 All of the content including that provided through the User Account, is provided without warranty of any kind, either expressly or implied and without any limitation. You acknowledge and agree that , whilst we make reasonable efforts to provide such information to be as helpful and as informative as possible, we cannot guarantee the accuracy of the information provided on the website and accept no liability for nor offer any warranty as to its content.
3.2 We expressly and explicitly disclaim any warranty of merchantability, fitness for any particular purpose, quiet enjoyment or non-infringement or any other such similar matter arising in the course of dealing or usage of trade.
3.3 We make no warranty that the Site, Services or the User Account content, including but not restricted to, any information provided via Your User Account will meet Your requirements or will be available or made available in an uninterrupted, secure or error free basis.
3.4 We make no warranty in respect of the quality of any Services supplied, the truthfulness, completeness or reliability of any content obtained through the Site, Service or User Account.
3.5 No advice or information, whether either oral or in writing, obtained from Us, Our site, Service or User Account will create any warranty expressly our otherwise, herein.
4.1 You agree to release, indemnify, and hold Us and Our, contractors, sub-contractor, affiliates, subsidiaries and agents and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with;
4.1.1. Your access to, use of or reliance upon any content supplied from the Site, Services, or User Account.
4.1.2 any reliance on any information provided through the Site, Services or User Account; and/or
4.1.3 We shall have the right to control and agree or otherwise defend and settle all actions.
5. LIMITATION OF LIABILITY
5.1 To the maximum extent permitted by law You acknowledge and agree that the entire risk arising out of Your access to and use of the Site, Services and User Account through the Site of Ours, this whether by phone, online, in person or any other means is Yours entirely and remains with You at all times, both , before, during and after such risk may apply.
5.2 Neither Us nor any other party involved in the creation, production, or delivery of the Site, Services or User Account will be liable, in any way, for any incidental, special, exemplary, legal ( reasonable costs ) or consequential losses or damages, this to include but not exclusively, loss of profits, loss of Data, loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages whatsoever of a personal nature, including bodily injury, emotional distress arising out of or in connection with these Terms, from the use of or inability to use the Site, Services or User Account this also from any communications, interactions or meetings with other users of the Site, Services or User Account or other persons with whom You communicate or interact with as a result of Your use of the Site, Services or User Account. Whether or not they are based on warranty, contract, tort, this to include negligence, product liability or any other such thing, whether or not We have been informed of such matters and the possibility of any such damages or alike, this also, even if a limited remedy set forth and contained in these Terms has failed or could fail, because of essential purpose.
5.3 Property Deals Insight Ltd, its employees, agents, directors, contractors or sub-contractors do not accept any liability and You hereby agree to release us of any liability arising ( whether directly or indirectly ) out of the information provided through the Site, Services or Your User Account, or any errors, in or omissions from information on the Site, Services is User Account. We are not liable for any loss ( whether directly or indirectly ) caused by Your actions or decisions based upon Your reliance on the informations provided to You through the Site, Services or User Account, nor caused by the delay, malfunction of the operations or the availability of the Site, Services or User Account.
5.4 In the circumstances or event Our aggregate liability arising out of or in connection with these Terms and Your use of the Site, Services or user Account, this to include, but not limited to, Your use of the Site, Services or User Account, or from Your use or inability to use the Site, Services or User Account shall not exceed one hundred pounds ( £100.00 ).
6. PROPRIETARY RIGHTS and COPYRIGHTS
6.1 We respect and adhere to copyright law and all Users must also respect and adhere to the same.
6.2 It is Our policy to terminate in appropriate circumstances, and We shall be the arbiter of this opinion, any User Account of any client who infringe or are believed or may being going to infringe the rights of any copyright holders.
6.3 All trademarks, service marks, logos, trade names, intellectual property and any other proprietary designs of Ours used herein are trademarks or registered trademarks of Ours.
6.4 Any other trademarks, service marks, logos, trade names, intellectual property and any other proprietary designs are the trademarks or registered trademarks of their respective parties.
6.5 You may not use in any way whatsoever any of these trademarks, logos, trade names, proprietary designs, intellectual property rights and the like whether they are Ours or belong to any other person without prior written agreement from Us ( if they are Ours) or from the holders of such trademarks, logos, trade names, proprietary designs, intellectual property rights and the like.
7.1 The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that We are not responsible or liable for:
7.1.1 the availability or accuracy of such websites or resources; or
7.1.2 the content, products, or services on or available from such websites or resources.
7.2 Links to such websites or resources do not imply any endorsement by Us of such websites or resources or the content, products, or services available from such websites or resources.
7.3 You acknowledge and agree that You have sole responsibility for and assume all risk, including, but not exclusively, any liability, loss, illegality or damage arising from Your use of any such websites or resources or the content, products or services on or available from such websites or resources.
8.2 We confirm that this policy is only in respect of Our website and Our content and no other content or website, even if the content is on Our website or available through Our website.
8.3 You must read this Policy and if You do not agree to its Terms You must leave the site and may not use the Services supplied through the Site.
9. DISPUTE RESOLUTION
9.1 You and Us agree and acknowledge that any dispute, claim or controversy arising out of or in connection with these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or User Account (collectively, “Disputes”) shall be submitted to arbitration and will be settled by binding arbitration.
9.2 If the Parties do not agree upon an arbitrator, either party may request a nomination from the chair of the Arbitration.
9.3 You and Us agree and acknowledge that should any dispute arise that an appointment of an officer from The Centre for Effective Dispute Resolution (CEDR ) will be made and his/her recommendations will be adopted.
9.4 You and Us agree and acknowledge that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
9.5 You acknowledge and agree that You and Us are each waiving the right to a trial by jury or to participate as a plaintiff or class expert in any purported class action or representative proceeding.
9.6 It is agreed and acknowledged unless both You and Us otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
9.7 If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void.
10. GENERAL TERMS
10.2 The use of this website and to any documents to which it refers, including these Terms and Conditions is to be considered the entire agreement any failure to enforce the Terms of this agreement by us cannot be construed as a waiver of any of the Terms of this agreement either now or in the future.
10.3 If any of these Terms are adjudged to be void, invalid or otherwise unenforceable by any court of competent jurisdiction such determination shall not affect any other part of the Terms and Conditions herein contained and they will continue to apply.
10.4 We reserve the right to change the Terms and Conditions of this agreement at any time. We advise that you read these Terms from time to time to ensure that you understand and agree to them. Any changes will be notified and to You. If You do not. agree to the changes You must not continue to use the Site, Services. or User Account.
11. GOVERNING LAW AND JURISDICTION
11.1 These Terms shall be governed and construed in accordance with the laws of England and Wales.
11.2 You acknowledge and agree that You will submit to the exclusive jurisdiction of the Courts of England and Wales.