PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS WHEN USING tryitbuyitproperties.com (“this Site”). WHEN YOU USE THIS SITE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.
1.1
We, TryitBuyitProperty.com Limited, registered in England and Wales, company number 6762087, registered office Frederick House, Dean Group Business Park, Brenda Road, Hartlepool, TS25 2BW, United Kingdom own and operate “this site” www. tryitbuyitproperties.com. We provide this site to subscribing property owners and/or their agents (who may be estate agents, letting agents, new homes developers and overseas property owners) to display and advertise properties they are marketing. We are not estate agents nor agents of the property owners and/or their agents ourselves.
1.2
This site offers a display and advertising service to property owners and/or their agents and the advertisers of property on this site advertise on this condition. It is a condition of using the site that the property owners and/or their agents do not make false or misleading statements about any property they advertise. Notwithstanding this requirement it is a condition of using this site that anyone searching for a property undertakes their own checks as to the accuracy of advertising and statements about any property advertised. The details of the properties available on this Site are provided to us by the property owners and/or their agents for your information only. We cannot verify these details and therefore make no warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at your own risk.
1.3
These terms and conditions are collectively known as “these Terms”. They are a legal agreement between us and can only be modified with our consent. We may change these Terms at our discretion by changing them on this Site. The then current version of these Terms will apply to the agreement between us. If any term, condition, item or provision of the terms and conditions is deemed unlawful, invalid, or unenforceable, the validity of the remaining terms and conditions will not be impaired. These terms and conditions are governed by English Law. English courts have exclusive jurisdiction over any claim arising from this Site.
1.4
We are not liable if this Site is unavailable at any time for any reason. We reserve the right to withdraw or change our services on this Site without prior notice. We reserve the right to restrict or deny access to parts or all of this Site to registered users. If you have a username or password to access parts of this Site you must not disclose it to any third party. We reserve the right to disable access to any part of the site, at any time, if we believe you have failed to comply with any part of these terms and conditions. We may from to time to time change the content of this Site or suspend or discontinue any aspect of this Site, which may include your access to it. Subject to our notifying you to the contrary, any amendments or new content to this Site will be subject to these Terms.
1.5
These Terms are the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance on any warranty or representation made by us (unless made fraudulently). If a court decides that any part of these Terms cannot be enforced, that particular part of these Terms will not apply, but the rest of these Terms will. A waiver by a party of a breach of any provision shall not be deemed a continuing waiver or a waiver of any subsequent breach of the same or any other provisions. Failure or delay in exercising any right under these Terms shall not prevent the exercise of that or any other right. You may not assign or transfer any benefit, interest or obligation under these Terms. The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.
- INTELLECTUAL PROPERTY
2.1
The copyright and all other intellectual property rights in this Site (including all database rights, trade marks, service marks, trading names, text, graphics, code, files and links) belong to us as owner or licensee. Subject to the Site’s conditions, you may download material from this Site for the sole purpose of using this Site. However, you must not copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information on or downloaded from this Site for any other purpose without our prior written consent.
2.2
This Site contains links to websites operated by third parties. We have no control over their individual content. We therefore make no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites. The links are for your convenience only. We do not recommend any products or services advertised on those websites. If you decide to access any third party website linked from this Site, you do so at your own risk.
- YOUR OBLIGATIONS AND CONDUCT
3.1
You must not misuse our system or this Site. In particular, you must not hack into, circumvent security or otherwise disrupt the operation of our system and this Site, or attempt to carry out any of the foregoing.
3.2
You must not use or attempt to use any automated program (including, without limitation, any spider or other web crawler) to access our system or this Site, or to search, display or obtain links to any part of this Site, other than the home page. Any such use or attempted use of an automated program shall be a misuse of our system and this Site.
3.3
You must not include links to this Site in any other website without our prior written consent.
3.4
You must not upload or use inappropriate or offensive language or content or solicit any commercial services in any communication, form or email you send or submit, from or to the Site.
- REGISTRATION
4.1
To register/receive details of properties on this Site, you must submit a completed registration form to us. At our discretion, we may refuse your application for registration. If we accept your application for registration, we will confirm this by sending you an email containing your account ID. You will be charged at the fee advertised on the Site to register one or more properties on this Site.
4.2
Each registration is for a single user only. You may not share your username and password with any other person nor with multiple users on a network.
4.3
You undertake that all information provided by you for the purposes of registering with us is accurate and complete.
4.4
You accept sole responsibility for all use of and for keeping secret any account ID and password that may have been given to you or chosen by you for use on this Site. You will notify us immediately of any unauthorised use of them or any other breach of security of this Site of which you become aware.
- BARRING FROM THE SITE
5.1
We reserve the right to bar users from this Site and/or restrict or block their access or use of any and all elements of our services, on a permanent or temporary basis at our sole discretion. Any such user shall be notified and must not then attempt to use this Site under any other name or through any other user.
- WARRANTY
6.1
Whilst we endeavour to ensure that any material available for downloading from this Site is not contaminated in any way, we do not warrant that such material will be free from infection, viruses and/or similar code.
6.2
Due to the nature of software and the internet, we do not warrant that your access to, or the running of, this Site will be uninterrupted or error free. We shall not be liable if we cannot process your details due to circumstances beyond our reasonable control.
6.3
The information provided on this Site is for general information only and does not constitute specific advice.
6.4
We make no warranty or guarantee that the Site or information available over it complies with laws other than those of England.
- LIABILITY
7.1
Nothing in these Terms will be deemed to exclude our liability to you for death or personal injury arising from our negligence, or for fraudulent misrepresentation.
7.2
Subject to clause 7.1, we will not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances.
7.3
Subject to clause 7.1, we do not accept any liability for loss of your password or account ID caused by a breakdown, error, loss of power or otherwise caused by or to your computer system.
7.4
We may put in place such systems as we from time to time see fit to prevent automated programs being used to obtain unauthorised access to our system and this Site. You are not permitted to use automated programs for such purposes. Subject to clause 7.1, we shall not be liable to you for any consequences arising out of or in connection with any such use or attempted use of automated programs to obtain unauthorised access to our system or this Site.
7.5
Subject to clause 7.1, we accept no liability for any loss suffered as a result of your use of this Site or reliance on any information provided on it and exclude such liability to the fullest extent permitted by law.
7.6
Subject to clauses 7.1, we shall not be liable to you for: any indirect, consequential, special or punitive loss, damage, costs and expenses or other losses or damages howsoever caused including; loss of profit; loss of business; loss of reputation; depletion of goodwill; loss of, damage to or corruption of data.
7.7
When you use this Site to enquire about property, your details (including your email address) will be sent by email directly to the property owners and/or their agents. We do not accept any liability for any subsequent communications that you receive directly from them.
- LEGAL JURISDICTION
8.1
English law shall apply to these Terms. You irrevocably agree that the courts of England will have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and for those purposes irrevocably submit all disputes to the exclusive jurisdiction of the English courts.
- NOTICES
9.1
All notices shall be given:
9.1.1
to us, by email or by post to Customer Services Department, tryitbuyitproperties.com Limited, 43 Princes Crescent, Bare, Morecambe, Lancashire LA4 6BY;
9.1.2
to you, by email to the email address that you provide to us at the point of your registration, as may be amended by you on the Personal Details section of this Site from time to time.
9.2
All notices sent by email will be deemed to have been received on receipt (or, when received on a UK national holiday or on a Saturday or a Sunday, the next working day following the day of receipt). All notices sent by post will be deemed to have been received 3 working days after the date of posting.
- CUSTOMER FEEDBACK AND QUALITY
10.1
We operate a system to ensure that all customer feedback is dealt with fairly and consistently, and is properly recorded. We welcome any suggestions that you make about how we may improve our service. Please write to us at Customer Services Department, tryitbuyitproperties.com Limited, 43 Princes Crescent, Bare, Morecambe, Lancashire LA4 6BY
10.2
Phone calls may be recorded for training and quality purposes.
- PRIVACY POLICY
11.1
We are committed to protecting your privacy. This policy explains how and for what purposes we use the information collected about you via this Site. Please read this privacy policy carefully. By using this Site and any services we offer via this Site, you are agreeing to be bound by this policy in respect of the information collected about you via this Site. If you have any queries or comments about the policy, our use of your personal information or wish to unsubscribe from messages from us, please get in touch by email or writing to The Privacy Manager at tryitbuyitproperties.com Limited, 43 Princes Crescent, Bare, Morecambe, Lancashire LA4 6BY.
In general, we use the information we collect about you to:
- pass your messages on to this Site’s advertisers
- provide information services to relevant third parties
- improve the features and services we offer
- support our own marketing and promotion efforts
- keep you informed with information relevant to your interests.
11.2
When you visit, register or use the services on this Site, you may be asked to provide certain information about yourself, including your name and your contact details. We may also collect information about how you use this Site including your searches, the properties and pages you look at, the advertisers or partners you contact and the contents of the emails you send to them. Finally, we may also collect information from any correspondence that you have with us. Collectively, we refer to this as “Your Information”. Your Information will enable us to provide you with access to all parts of this Site and to supply the services and features that you have requested. We may aggregate the information to identify patterns which we can use in our marketing and to help us develop, administer, support and improve our services and features. We may use Your Information to contact you for your views on our services and to notify you occasionally about important changes or developments to this Site or our services. Where you have consented, we may also use Your Information to contact you with details about any other products or services we or our partners or advertisers offer that may be of interest to you. If you change your mind about being contacted in the future, please contact us and tell us.
11.3
Like many websites, we use “cookies” to enable us to personalise your visits to this website, simplify the signing-in procedure, keep track of your preferences, to track the usage of this website, etc. Cookies are small pieces of information that are stored in the hard drive of your computer by your browser. Your browser will have the option to prevent websites using cookies (your browser’s help screen or manual will tell you how to do this), but please note that this may reduce the functionality of this Site and other websites. Like all websites, our servers automatically record ‘log files’ containing information about the volume and characteristics of our website traffic e.g. IP address, numbers of pages viewed, length of time spent on site. We use log files to build pictures of how our site is used that help us to monitor and improve the service. We cannot identify you from your log files.
11.4
We retain access to all personal information that we have collected from you. If we offer or supply a service to you that is provided on our behalf by a third party we may have to pass Your Information to them in order to deliver the service. By using this site you consent to us providing Your Information to the third parties to provide such services. We may also use third parties to provide services on our behalf which may include processing (but not using themselves) Your Information. We will not otherwise disclose, sell or distribute Your Information to any third party without your permission unless we are required to do so by law.
11.5
We follow procedures to ensure that your personal information is not damaged, destroyed, or disclosed to a third party without your permission (unless they are providing services as outlined above) and to prevent unauthorised access to it. The computers that store the information are kept in a secure facility with restricted physical access and we use secure firewalls and other measures to restrict electronic access. All of the information we collect or record has restricted access. We will explicitly ask you when we need information to identify you. We may require you to co-operate with our security checks before we disclose information to you. You can update the personal information that you give us at any time. Your Information will not be transferred outside of the European Economic Area. We will retain Your Information for a reasonable period or for as long as is required by law.-