These Terms and Condition should be read in conjunction with the Privacy
Policy
1 INTRODUCTION
This Agreement, which governs the terms and conditions of your use of Hunt
for a Property Ltd. services, is between you ("you" or "Customer"),
as a user of such services, and Hunt for a Property Ltd. ("HFAP").
This Agreement, together with all applicable Privacy Policy, operating rules,
policies, price schedules, or other supplemental documents are expressly
incorporated herein by reference as published from time to time by HFAP (collectively,
the "Agreement"), constitutes the entire agreement between HFAP
and you regarding the Services, and supersedes all prior agreements between
the parties regarding the subject matter of this Agreement. For purposes
of this Agreement, "Services" are defined as any and all services
provided by HFAP to you either now or in the future. By using the Services,
you confirm your acceptance of, and agree to be immediately bound by this
Agreement. If you do not wish to be bound by this agreement, exit the Web
Site and do not access and / or use it in the future.
In addition to the foregoing, HFAP reserves the right to assign and / or
transfer the Agreement including any of its related rights and obligations
to any of its affiliates which may offer services similar to the HFAP Services;
provided, however, that HFAP shall give any such affected Customer notice
of such assignment and / or transfer. In the event of such an assignment
and / or transfer, HFAP and / or its affiliates may move the affected Customer
to any service plan offered by the affiliates, at HFAP's or the affiliates'
discretion. Continued use following any such assignment and / or transfer
will constitute acceptance of the new service plan and any terms and conditions
associated with that service plan.
2 SERVICES
HFAP offers Services at its website www.HuntForAProperty.co.uk (together
with other websites owned and operated by HFAP), the "Website".
HFAP provides Customer's with a comprehensive range of on-line, property
related advertising, search and property matching facility to aid in the
rental, letting or sale of a room or property. The extent of these Services
shall be determined and dependant on the access level assigned to you by
HFAP.
HFAP is not an agent and does not represent those persons, companies or entities
whose goods or services are displayed or referred to on the Web Site.
The Content placed by you or other third party on the Service does not constitute
any part of an offer or contract. HFAP make no warranties or representations
that the items advertised on the Service;
- are free of charge, unexpired rights or encumbrances;
- that the advert is a statement or representation of fact
You should perform your own checks to make sure that the property is entirely
suitable for your needs.
HFAP has not vetted or endorsed any of the rooms or properties that appear
on the Service and cannot make any guarantees regarding but not limited to,
quality, compliance with relevant laws and regulations, availability, suitability
nor any guarantees regarding the honesty, reliability or behaviour of the
landlord / owner and will not be held liable for any resulting loss or damages
how so ever caused.
HFAP has not vetted or endorsed any of the Searchers that appear on the Service
and cannot make any guarantees regarding but not limited to, credit worthiness,
honesty, behaviour, rental history or ability to pay the rent of any of the
Searchers and will not be held liable for any resulting loss or damages how
so ever caused. For the purpose of this Agreement, "Searcher" is
defined as any visitor to the Website who searches for rooms or properties
or posts a profile that may be used to automatically suggest suitable properties
or rooms to the visitor.
You should not rely on any opinion of HFAP or the Service as a recommendation
and professional advice should be sought before entering into a binding contract
or renting or purchasing any item on the Service.
HFAP reserves the right to publish the Content to relevant portal web sites.
3 FEES, CHARGES AND REFUNDS
3.1 Direct Charges
Certain of HFAP Services are free to use. Where a direct charge is levied,
you will be made aware of the charge and asked to confirm your acceptance.
If you pay by credit or debit card, HFAP will, after your acceptance, automatically
debit the charge from the card.
3.2 Indirect Charges
3.2.1 Call Minder
Many advertisers' personal phone numbers are 'masked' by an 07 call minder
number. Calls to 'call minder' numbers are charged to the caller at 50 pence
per minute inclusive of VAT
3.2.2 Reverse SMS
If you opt to receive premium SMS property notification, you will be charged
50p inc VAT + network charges by your network operator.
3.3 Refunds
Where HFAP commits a publishing error in relation to Content, the Customer
may cancel the order and shall the entitled to a refund or allow HFAP to
re-list the advert or adjust the cost. The right of cancellation, re-insertion,
refund, and adjustment shall not apply where the error or misprint fails
to materially detract from the totality of the Content.
Where you are a consumer as defined by the Consumer Credit Act, you may cancel
your order within 7 days after the day on which the order was placed. The
consumer accepts that where HFAP has started providing service before the
expiry of the cancellation period, the right to cancel is lost.
4 SIGNUP
If you begin the sign up process for the Services but fail to complete the
process, HFAP may contact you via email or telephone in an effort to help
successfully guide you through this process. You hereby authorise HFAP to
make such contact, even if you ultimately determine not to sign up for the
Services.
HFAP, at its sole discretion reserves the right to reject any request to
provide the Service.
You warrant that you are at least 18 years old and you have obtained the
necessary authority to enter into the agreement yourself or behalf of a third
party.
5 FAIR AND ACCEPTABLE USE
POLICY
You may not impose an unreasonably large load on the HFAP infrastructure
(as determined by HFAP)
You may not use any sort of 'bot', screen scraper or other iterative or automated
mechanism to harvest or gain any sort of benefit from the HFAP service with
the exception of search engines that use spidering technology who must obey
the robots directive.
A £1,000 advertising surcharge will be billed to any individual or property
matching service provider including but not limited to employees, partners,
affiliates or consultants of property matching service providers that subscribes
to, list or references a competing property matching service to HFAP on the
HFAP Service without prior written consent from HFAP.
6 MODIFICATION TO CUSTOMER
AGREEMENT
HFAP may automatically amend this Agreement at any time by
- posting a revised Customer Agreement on the Website, and/or
- sending information regarding the amendment to the email address you
provide to HFAP.
You are responsible for regularly reviewing the website to obtain timely
notice of such amendments. You shall be deemed to have accepted such amendments
by continuing to use services after such amendments have been posted or information
regarding such amendments has been sent to you. Otherwise, this agreement
may not be amended except in writing signed by both you and HFAP.
7 MODIFICATIONS TO SERVICES
HFAP reserves the right to modify or discontinue any of the Services with
or without notice to you. HFAP shall not be liable to you or any third party
should HFAP exercise its right to modify or discontinue the Services.
8 CONTENT GUIDELINES AND
PROHIBITED USE
You agree to use the HFAP service only for lawful purposes.
You agree not to post, upload or transmit to the Website or HFAP's servers
any text, graphics, video, audio, communication or other information (the "Content")
including but not limited to, that;
- encourages or advocates any illegal activity;
- violate the privacy of individuals, including other users of the Service;
- breaches any other person intellectual property rights;
- breaches any obligation of confidentiality by which you are bound;
- violates any applicable local, national or international law;
- infringes upon the trademark, patent, copyright, trade secret, publicity
right or other intellectual property or proprietary right of any third
party;
- harasses, abuses, defames or threatens others;
- is indecent, sexually explicit, fraudulent, racially offensive, abusive,
obscene or discourteous;
- is hateful, or racially, ethnically or otherwise objectionable;
- harms minors in any way;
- contains any virus, worms, time bombs, Trojan horses, cancelbots or other
disabling devices or other harmful content designed to damage, detrimentally
interfere with, intercept or expropriate data, system or personal information.
You are solely responsible for the Content that you upload or post to the
Service or information that you transmit to others using the Service.
You may not post or upload email addresses, web site addresses or phone numbers
to free format textural areas of the website.
You should only upload Content, which, to the best of your knowledge is true
and accurate and not in any way misleading.
You are not permitted to use HFAP trademarks, URL's, names or other Content
in any manner in connection with but not limited to spam email messages,
newsgroup posting or social networking sites.
HFAP shall determine your compliance with the forgoing guidelines and this
Agreement and may delete any Content that in its sole judgment violates this
Agreement without prior notice to you.
HFAP may take action on the Content if, at its sole discretion, it believes
that the Content creates a liability for itself or any third parties or may
cause HFAP to loose the services of its ISP, vendors or ISP's.
HFAP assumes no responsibility for monitoring the Service for inappropriate
Content or conduct.
9 CUSTOMER, PASSWORD, AND
SECURITY
As part of the registration process, you will be required to provide an
email address and select a password. Once you become a registered user, HFAP
will hold your details in your "Account" and controls access to
the Service via these details. After registration, your account details will
be automatically sent to you by email. You may change your password to protect
your account after logging in to the Website. You are entirely responsible
for failing to maintain the confidentiality of your password. Furthermore,
you are entirely responsible for any and all activities that occur under
your account. You agree to immediately and notify HFAP of any unauthorised
use of your account or any other breach of security known to you.
10 LINKS TO EXTERNAL WEBSITES
HFAP does not represent or control the content of websites that can be linked
to from the WebSite or Service. Consequently, HFAP does endorse either the
site or content and is not responsible of the use, content, products or other
services that may be available.
Any correspondence, purchases or promotions that you enter into on a third
party site are solely between you and the third party.
11 RESALE OF THE SERVICES
Your right to use the service is personal to you. You agree not to resell
the use of the Service unless agreed in writing and signed by both you and
HFAP.
12 TERMINATION
HFAP reserves the right to suspend or terminate access to any or all parts
of the Website and Service for any reason and without notice.
Upon termination of Customer's Account for any reason, Customer shall remain
liable for and HFAP reserves the right to;
- collect all charges, fees, commitments and obligations incurred or accrued
by Customer;
- delete any Customer Content, listings, messages or other information
in connection with Customer's account;
- prohibit Customer's access to Customer's Account, including without limitation
by deactivating Customer's password; and
- refuse Customer future access to the Service. In no event shall HFAP
be required to refund, redeem, or pay amounts to Customer upon termination
of Service.
12.1Customer Termination
A Customer may cancel their Account by sending an email to Customer Support.
You will receive a cancellation confirmation via email after HFAP processes
your cancellation request. HFAP reserves the right to collect fees, surcharges
or costs incurred before Customer cancels Customer's Account in addition
to the applicable cancellation fee(s).
13 INTELLECTUAL PROPERTY AND USE OF THE SERVICE
All text, graphics and multimedia content available from the entry point
URL http://www.HuntForAProperty.co.uk and pages within that domain, Website
and all related code (including but not limited to HTML, other mark-up languages,
and all scripts) within this site are the property of HFAP or licensed to
HFAP from the owner.
You are entitled to view, print, download and transmit (for the purpose expressly
permitted in the Agreement) and store the Content for your own personal non
commercial use provided you do not;
- lease, rent, sub-licence, loan, copy or give or transfer rights in the
HFAP Content in any form to any person or entity without the prior written
consent of HFAP;
- remove any notices relating to the ownership or copyright of the Content;
- you agree not to copy, download, reproduce, modify, adapt, publish, translate
and create derivative works except for your own personal, non-commercial
use.
The Customer warrants that they have secured in writing all necessary consents
and permissions before uploading personal information, data, text, graphics,
multimedia or other Content to the web site.
Any data, text, graphics, multimedia or other Content uploaded for inclusion
in publicly accessible areas of the Website you hereby grant HFAP a worldwide,
royalty free, irrevocable and non-exclusive licence (with a right to sub-licence)
in perpetuity to compile, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform, play, make available such Content
(in whole or in part) and / or to incorporate it in other works without restriction
free of charge in any form of media now known or hereinafter invented. You
hereby waive your rights to any derogatory treatment of any moral rights
pertaining to such Content.
14 DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
HFAP software and Services are provided "as is," and neither HFAP
nor any of its affiliates, licensors or service providers makes any express
or implied representations or warranties to you regarding the usability,
condition, accuracy of information or operation thereof. HFAP does not warrant
that access to or use of Services will be uninterrupted or error-free, or
that HFAP software or Services will meet any particular criteria of performance
or quality. HFAP and each of its licensors and service providers expressly
disclaim all implied warranties, including without limitation, warranties
of merchantability, title, fitness for a particular purpose, non-infringement,
compatibility, security or accuracy.
Your use of and all other HFAP software and Services is at your own risk.
You assume full responsibility and risk of loss resulting from your downloading
and / or use of files or other Content (including HFAP software) obtained
either directly or indirectly from HFAP.
You agree that neither HFAP nor any of its licensors or service providers
will be liable for damages (including consequential, punitive, incidental,
indirect or special damages) arising out of your use of or inability to use
or any other HFAP software or Services, and you hereby waive any claims with
respect thereto, whether based on contractual, tort or other grounds, even
if HFAP or any such affiliate, licensor or service provider has been advised
of the possibility of damages.
Neither HFAP nor any of its affiliates, licensors or service providers shall
be held responsible in any way or by any means, either directly or indirectly,
for any communications difficulties outside of HFAP's or any such affiliate's,
licensor's or service provider's control which could lead to the interruption
of access to the Service.
HFAP has used reasonable efforts to maintain the Service virus free. It declines
any liability for personal or property damage, especially direct, indirect,
immediate or subsequent pecuniary loss, which may result for transmission
or downloading of computer viruses. Especially excluded is liability for
hardware, loss or data, alteration of data or downtime.
HFAP is not and will not be party to, or responsible for, any transaction
concerning items advertised on the Web Site. All agreements are entered into
by you and the third party advertiser and / or third party providing the
goods and / or services only.
You will not rely on any representation or warranty, expressed or implied,
made by any person other than an authorised officer of HFAP, in evaluating
the service or any other services and/or products of HFAP.
The entire liability of HFAP and its affiliates, licensors and service providers
and your exclusive remedy with respect to the use of and any other HFAP Services
and software or any breach of this agreement are limited to the lesser of:
- the amount actually paid by you for access to and use of the software
or Services in the three (3) months preceding the date of your claim or
- £125.
You hereby release HFAP and each of its affiliates, licensors and service
providers from any and all obligations, liabilities and claims in excess
of this limitation. Some jurisdictions do not allow implied warranties to
be excluded or modified or liability to be limited, so not all of the above
limitations may apply to you.
15 INDEMNIFICATION
You agree to indemnify and hold HFAP and its directors, officers, agents,
employees, affiliates, suppliers, licensors and service providers (collectively,
the "Indemnified Parties") harmless from any claim , demands,
losses, liability, costs and expenses (including, but not limited to reasonable
legal fees) incurred by an Indemnified Party arising out of or related to;
- customer's breach of this Agreement;
- any information (including but not limited to Customer Data and Customer's
publicly posted information) submitted, posted, or otherwise provided by
Customer at the Customer Web Site and/or to HFAP and/or its affiliates;
- any dispute or litigation between an Indemnified Party and a third party
caused by Customer's actions; and
- customer's negligence or violation or alleged violations of any rights
of another.
These obligations will survive any termination of Customer's relationship
with HFAP or Customer's use of the Service. To the fullest extent permitted
by law, the foregoing indemnity will apply regardless of any fault, negligence,
or breach of warranty or contract of HFAP and/or its suppliers, affiliates,
partners, subsidiaries and employees.
16 NOTICES
Notices given to you by HFAP will be sent by email, conventional post or
posted on the Website. Notices given by you to HFAP must be given by email
or by conventional mail (subject, however, to the requirement that you contact
HFAP by phone so as to confirm that any such notice was in fact sent by you).
17 LAW AND JURISDICTION
This Agreement shall be interpreted and construed in accordance with English
Law and shall be subject to the exclusive jurisdiction of the English courts.