TERMS AND CONDITIONS Published in June 2006.
Terms and conditions for use of the sellmypropertydirect.co.uk website.
This internet website is owned and operated by Sell My Property Direct. (referred to as 'We' below). In entering our site you as a user ('You') are accepting our terms and conditions.
Using our website
Sell my property direct.co.uk is maintained for your personal use and viewing. The access and use of this site, featuring these terms and conditions, constitutes your acceptance of these terms and conditions. They take effect from the date on which You first use this website.
You agree to use this site only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of, this site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person, and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this site.
You are prohibited from posting or transmitting via this website any unlawful, defamatory, obscene, offensive or scandalous material, or any material that constitutes or encourages conduct that would be considered a criminal offence, likely to give rise to civil liability, or otherwise violates any law. We will fully co-operate with any law enforcement authorities or court order lawfully requesting or directing us to disclose the identity of anyone posting any such information or materials on this website.
Information collected by us is used for internal review to:
· improve the content of this site
· customise the content and/or layout of this site
· notify users (with their consent) about updates to our service
· contact users (with their consent) for marketing purposes
Information collected is not shared with other organisations for commercial purposes.
• Read our privacy policy
Disclaimer
The sell my property direct.co.uk website, its content and third party information, products and services, is provided 'as is', without any representation or endorsement made and without warranty of any kind whether express or implied, including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, completeness and accuracy.
We do not warrant or represent that the functions contained in the material available on this site will be uninterrupted or error free, that defects will be corrected, or that this site or the internet server that makes it available are free of viruses or represent the full functionality, accuracy or reliability of the materials.
In no event will We be liable for any expense, loss or damage including, without limitation, indirect or consequential loss or damage, or any expense, loss or damage whatsoever arising from use, or loss of use, of data, or loss of profits, arising out of or in connection with the use of this site, or reliance on its content.
No data transmission over the internet can be guaranteed as totally secure. Whilst We strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.
This website is not a substitute for independent professional advice and users should obtain any appropriate professional advice relevant to their particular circumstances.
The material on this website may include the views or recommendations of third parties, which do not necessarily reflect the views of Sell My Property Direct.. We assume no responsibility or liability arising in respect of any such third party material.
Links to external internet websites
Links on sell my property direct.co.uk will lead to other websites which are not under our control. We are not responsible for the content of any linked site. Listing and linking should not be taken as an endorsement of any kind and We accept no liability in respect of the content. We cannot guarantee that these links will work all of the time and have no control over the availability of the linked pages.
Virus protection
We make every effort to check and test material at all stages of production. You must take your own precautions to ensure that the process which You employ for accessing this website does not expose You to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. It is always wise for You to run an anti-virus program on all material downloaded from the internet.
We cannot accept any responsibility for any loss, disruption or damage to your data or your computer system which may occur whilst using material derived from this website on the internet.
Consent
By submitting your house details to us for publication you are indicating:
- That you are the legal owner of the house with the sole right to sell, or you have legal power of attorney on behalf of the house owner.
- That you agree to sellmypropertydirect.co.uk publishing these details for you.
- That the details supplied by you are true and accurate and not misleading in any material way.
- That on receipt by us of your payment, advertising of your house for sale (the service) is to commence immediately or soon after, as determined by You.
Copyright
In respect of any house details or photographs submitted by you for publication, you confirm that you own full title to such details and /or photographs and you agree to grant a copyright license to sellmypropertydirect.com.
Note that you cannot use photographs from estate agent's particulars without their express permission - it is the customer's responsibility to ensure they have copyright over any materials supplied to us for publication on their behalf and you agree to indemnify sellmypropertydirect.com in respect of any claims against us or expenses incurred by us in respect of breach of copyright issues.
Photographs, images, house descriptions and all other content published on this website are copyright of sellmypropertydirect.com. and may not be copied from this site and reproduced in any other advertisement or marketing, without our written consent. For the sake of clarity - this does not prevent customers from using their own materials elsewhere providing that such details are not back-sourced from this website.
Cancellation
If you wish to cancel your payment for any reason, we offer a full refund of the advertising fee paid providing that we are informed by email within 24 hrs of the online payment order. After this time, our standard refunds policy applies (see below). If you don't wish to proceed with an unpaid listing placed on our site, you are free to cancel and you will owe us nothing.
Transfer of advertising
Individual house listings are not transferable and may not be used for advertising of more than one house or any house other than the property listed for sale initially without our explicit permission.
House Descriptions
All house details supplied by owners to us must be fair, honest and accurate. We reserve the right to edit or delete any descriptions which we know or believe to be false or misleading or where there is a potential for misunderstanding. We routinely check all listings and may make amendments to improve presentation, correct spelling, obvious errors or to comply with the provisions of the Property Misdescriptions Act 1991. The house description should only provide a factual breakdown of the property features - it should not include 'claims' about the house or terms of sale which are not a matter of fact or which cannot be ascertained and verified by reasonable inspection, or in the case of any legal aspects, confirmed by available documentation.
The factual accuracy of the information supplied for publication on this site, is the responsibility of the advertiser /vendor and you agree to indemnify sellmypropertydirect.co.uk against any claims or expenses arising from misleading or inaccurate claims made by you about the house within the advertising published.
Links to Your Own Website
Customers have the facility to include a link to a personal web address on our listings, for provision of additional photographs or information, subject to the following:
We offer to advertise your house information on our website, displaying your URL within our listings is subject to our discretion and we only permit links to pages relating to the house for sale, which are strictly personal and free of commercial advertising. Links to commercial domains or pages referencing estate agents, agents contact details or their websites are not permitted.
Your email address and /or personal website URL link as selected by you for use in your advert are only displayed on the sell my property direct.com website. Listings placed on our partner network sites. Direct vendor contact details are not permitted on third party sites under the terms of our publishing contracts. All buyers responding to partner site listings are referred through our systems to the (definitive) listing on this website.
Additional contact details or website address URLs are not permitted in the house description text.
For Sale Signs
A professional quality for sale board is included in all our advertising packages except the "Budget" package, displaying vendor's contact details and the property reference number (ID code). As our signs are customised with your own contact details, no returns /refund can be given unless the sign proves to be faulty, in which case a replacement will be offered free of charge.
Under local planning regulations only one board may be displayed outside a house for sale. You should not therefore display our sign alongside that of an agent. Please note we only supply the board. Posts and fixings are not included but can be easily obtained form your local hardware shop.
Featured Property
If you choose a package which also includes displaying your property as a "Featured Property" on the Sell My Property Direct website, the point at which your property is displayed and the duration of the displayed period is entirely at our discretion.
Home Infomation Packs
As a Private seller, you are the person deemd in law as marketing your property for sale and as such it is your responsibility to ensure you comply with the law in respect of ordering a Home Information Pack prior to the commencemnt of any marketing, which includes advertising your property on sellmypropertydirect.co.uk. Sell My Property Direct will not be liable for any fines, should you be found in breach of this law.
Premium & Premium Plus Packages
For clarity, our definition of a house (as regards these packages) is a property which is being sold as one unit and has no more than 6 bedrooms. If a Premium and Premium Plus package is purchased and our visiting consultant finds the property contains seperate dwellings (flats or apartments) or more than 6 bedrooms, we reserve the right to charge a further fee, the amount of which is to be determined and agreed with you.
Our Liability to you
Although for practical purposes we provide an open-ended service (see no time-limit above), for various legal reasons we are obliged to restrict our financial liability.
The price we charge relates essentially to the set up cost of each paid house advertisement and the initial administration involved. Therefore, once a customer's property details have been published on this site our service is deemed to have been fully delivered.
Arrangements to publish properties on our partner sites may be subject to alteration or cancellation without notice according to changes in service or costs imposed on us by those partner sites. As such, we do not guarantee unlimited publication on partner sites (paid or not), although where available our practice will be to offer an unrestricted access period.
Limit of Liability
The maximum liability for any loss arising due to our negligence will be limited to a sum equal to the value of the advertising fee received.
Pricing
The prices shown on this internet website are what you pay. We reserve the right to amend or change pricing or package service content at any time without notice.
Publication on Partner sites
Publication of customer listings on our network partner sites normally takes 24 hours.
Note that this period is provided as a guide only and may vary and assumes the normal operation of automated processes and /or systems currently in place. From time to time, interruptions in service can occur for technical reasons, due to faults or for necessary maintenance and customers are advised that whilst we undertake to ensure the swift forwarding of information for publication or update of listings on our partner sites, we cannot accept any responsibility for interruptions or delay in publication at these sites due to faults or maintenance issues affecting services beyond our control.
The design, search facilities and display of house information on our partner sites is controlled and directed by those individual sites exclusively and we have no control over the operation of their services. No guarantee is offered that house details placed on partner sites will appear in any particular format or under any particular search category - that is a matter for the individual sites and the manner in which they choose to organise their data. We merely undertake to forward the information and address details accurately as provided by you for publication by the site(s) in question. We offer free support in respect of any errors arising in the display of information forwarded and assistance to liaise with partner sites over any problems or faults arising, but we do not accept any financial or legal responsibility for the failure or delay of partner sites to display house details as expected.
Interruption of service
sell my property direct.co.uk makes every reasonable effort to ensure that our website facilities are available to internet visitors and customers at all times. However, we do not offer any guaranteed percentage time of availability and accept no financial liability for any interruption in service or temporary loss of some or all website facilities at any time.
On occasion, necessary maintenance or upgrade work requires the site to be taken 'off-line' without notice, but we endeavour to keep downtime to a minimum and in most cases of scheduled maintenance, this normally involves no more than a few minutes.
Our website is hosted in a secure protected environment with excellent security, fire and backup measures in place and a very high level of service is anticipated.
Distance Selling Regulations
Clause 8(3) of The Consumer Protection (Distance Selling) Regulations 2000 states that the statutory cancellation (cooling-off) period of 7 days for services purchased over the internet, does not apply where performance of that service has already commenced with the customer's agreement.
Our online payment facilities are designed to activate your public advertising automatically and therefore, by making a payment for advertising on this site you signify your agreement to the advertising service commencing IMMEDIATELY and that the standard cooling-off period does not apply as per clause 8(3) of the Regulations.
This does not affect your right to cancel your advertising within 24 hours for a full refund under our no-quibble cancellation terms (see above).
Refunds
No refund of our advertising fees will be made, purely on the grounds that the house becomes subject to an offer or is sold to any purchaser, introduced by us or not, after publication of paid advertising.
No refund of our advertising fees will be made for loss of service, temporary or permanent, in any circumstances, after the expiry of the initial 7 day advertising period.
Other circumstances may be reviewed and a refund offered at our discretion, however, under no circumstances will our liability exceed the value of the advertising fee received.
This does not affect your statutory rights as a consumer.
Complaints
If you experience any problem using our service, or we make an error in publication, let us know straight away and we will do everything in our power to put things straight. We are justifiably proud of the quality of our service, customer care and support, but sometimes things can go wrong, so please contact us if you have a complaint about any aspect of our service to you.
Call Customer Services free during normal office hours or click here to email us or write to:
Customer Services Manager
Sell My Property Direct
483 Green Lanes
London
N13 4BS
Please quote your property ID in all communications. We aim to respond to all enquiries within 1 working day.
Variation
We may at any time revise these terms and conditions without notice. Please check regularly. Continued use of this site after a change has been made is your acceptance of the change.
General
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.
If We waive any rights available to us under these terms and conditions on one occasion, this does not means that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
Governing law
These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.
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