Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. IN PARTICULAR PLEASE NOTE THE FOLLOWING CONDITIONS – CLAUSE 17)a) (Authority warranty), CLAUSE 17)c) (Content Standards), CLAUSE 19) (Limitations on liability and indemnity from you) and CLAUSE 23) (Termination)

Definitions and Interpretation
1. The following definitions are used in these terms and conditions:
  - Authorised Users means your employees, agents, representatives you have authorised via your Membership account to access and use the Services in accordance with these terms and conditions.
  - Confidential Information means all information that is confidential or proprietary or uploaded to or displayed, hosted or accessed on or via the Site including but not limited to the Property Information.
  - Content Standards means the content standards set out in clause 17)c)
  - Contribution means any and all material which you contribute to our Site.
  - Membership means the membership of the Site which entitles you and your Authorised Users to access and use the Services in accordance with these terms and conditions.
  - Member Data means the data inputted by you or your Authorised Users for the purpose of using the Services or facilitating yours or other’s use of the Services.
  - Property means the residential freehold or leasehold property that is the subject matter of content is uploaded to the Site.
  - Property Information means all information including but not limited to the photographs of, floorplans of, utility suppliers to, income derived from or asking price of the Property.
  - Representatives means, in relation to a party, its employees, officers, contractors, subcontractors, representatives and advisers.
  - Services means the membership services of a platform to allow other members to view Properties uploaded by you to the Site and for you to view Properties uploaded to the Site by other members, together with any additional services we may provide from time to time via the Site, provided by us to you under these terms and conditions via the Site.
  - Site means www.oskar.network
  - You/Your means the organisation whose details are entered into to the Membership application.
2. Clause headings shall not affect the interpretation of these terms and conditions.
3. A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality).
4. A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
5. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
6. A reference to a statute or statutory provision is a reference to it as it is in force as at the date of this agreement.
7. A reference to a statute or statutory provision shall include all subordinate legislation made as at the date of this agreement under that statute or statutory provision.
8. A reference to writing or written excludes fax but not email.
Who we are and how to contact us
1. The Site is a site operated by Oskar Network Ltd (“We“). We are registered in England and Wales under company number 15068485 and have our registered office at 2 The Old Estate Yard, High Street, East Hendred, Wantage, Oxfordshire, OX12 8JY, UK. Our VAT number is 475 2433 84.
2. To contact us, please email support@oskar.network
By applying for Membership you accept these terms
1. By using applying for a Membership, you confirm that you accept these terms of use and that you agree to comply with them.
2. If you do not agree to these terms, you must not use our site.
3. We may in our sole and absolute discretion decline your Membership application. Your Membership only commences once we have confirmed acceptance of your application. Acceptance of your application of Membership will be on these terms and conditions only, to the exclusion of any other terms and conditions you may seek to impose or which may be implied through custom and practice.
There are other terms that may apply to you
1. These terms of use refer to the following additional terms, which also apply to your use of our site:
  1. Our Privacy Policy. See further under How we may use your personal information.
  2. Our Cookie Policy, which sets out information about the cookies on our site.
We may make changes to these terms

We amend these terms from time to time. We will notify you in advance of any changes and if you do not accept those changes you have the opportunity to delete your Membership. If you do not delete your Membership, the new terms and conditions will apply from the date stipulated and your continued Membership will be deemed acceptance of those new terms and conditions.
We may make changes to our Site

We may update and change our site from time to time to reflect changes to our services, our users’ needs and our business priorities or applicable legal requirements.
We may suspend or withdraw our Site
1. Our Site and the Membership is made available to you free of charge in consideration of your acceptance of the obligations set out in these terms and conditions.
2. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
Geographical use of our Site

Our Site is directed to people residing in the United Kingdom and Europe. We do not represent that content available on or through our site is appropriate for use or available in other locations.
Membership and Individual User Accounts
1. The individual accepting these terms and conditions by doing so is warranting that they are authorised to do so on your behalf.
2. The individual who first sets up the Membership will be assigned as the “account administrator”. The account administrator will have functionality to add and remove Authorised Users to your Membership. If you wish to change your account administrator, you must give notice in writing from a director or partner to support@oskar.network.
3. You are responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us or terminate your Membership, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@oskar.network.
Relationships with other members and service providers

You acknowledge that the Services may enable or assist you on behalf of yourselves or your clients to access the website content of, correspond with, and purchase products and services from, third parties via third-party websites or otherwise and that you do so solely at your own risk. We make no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-parties, or any transactions completed, and any contract entered into by you or your client, with any such third party. Any contract entered into and any transaction completed with any third-party is between you and the relevant third party, and not us. We recommend that you refer to the third party’s terms and conditions and privacy policy prior to contracting with the third party. We do not endorse or approve any third-party website nor the content of any of the third-party website made available via the Services nor the products or services provided by any third party.
How you may use material on our site
We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may not print off, reproduce in any way or download extracts, of any page(s) from our Site. You may draw the attention of others within your organisation to content posted on our site.
If you print off, copy, download, share or repost any part of our site in breach of these terms of use, your right to use our Site and your Membership may be terminated immediately and you must, at our option, return or destroy any copies of the materials you have made.
You undertake not to use the information on our Site, to contact the owner of any Property directly or otherwise circumvent the agent that, that owner has appointed to represent their Property. You undertake not to solicit or seek to entice away from any member the business of the owner of any Property about which that member has posted.
No text or data mining, or web scraping
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site. This includes using (or permitting, authorising or attempting the use of):
1. Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same.
2. Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
Do not rely on information on this Site
The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
We make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
We are not responsible for websites we link to
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
User-generated content
The Site includes information and materials uploaded by other members of the Site. This information and these materials have not been verified or approved by us. The views expressed by other members on our Site do not represent our views or values.
If you wish to complain about any other content, please contact us at support@oskar.network
Uploading content to our Site
You warrant and represent that you:
1. Have entered into a legally binding agreement with the registered owner of the Property about which you are uploading content to the Site, to market for sale that Property;
2. Have verified the identity your client (and where relevant the directors and beneficial owners of your client) and that it/they are the registered owner of the Property about which you are uploading content;
3. Have permission from the legal owner of the Property to upload content including but not limited to photographs, videos and floorplans of and about the Property to this Site;
4. will not upload any information to the Site, from which the Property owner or occupier could be identified;
5. Are the owner of or licensee of all intellectual property rights in the content uploaded to our Site; and
6. What you upload to the Site will comply at all times with the Content Standards.
When you upload or post content to our Site, you grant us the following rights to use that content:
1. a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the Services provided by the Site including to promote the Site or the Service forever;
2. a worldwide, non-exclusive, royalty-free, transferable licence for other users to use the content in accordance with the functionality of the Site and these terms and conditions to expire when you delete the content from the Site.
Whenever you make use of a feature that allows you to upload content to our Site, or to make contact with other users of our Site, you must comply with the following content standards:
1. You may not use our Site:
  1. In any way that breaches any applicable local, national or international law or regulation.
  2. In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
  3. For the purpose of harming or attempting to harm minors in any way.
  4. To bully, insult, intimidate or humiliate any person.
  5. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  6. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
  7. In any way that involves child sexual exploitation or abuse.
  8. To upload terrorist content.
2. You also agree:
  1. Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these terms and conditions.
  2. Not to access without authority, interfere with, damage or disrupt any part of our site; any equipment or network on which our site is stored; any software used in the provision of our site; or any equipment or network or software owned or used by any third party.
3. A Contribution must be accurate (where it states facts) and only contain opinions that are genuinely held.
4. All Contributions must comply with the law applicable in any country from which it is posted and to which our Site is targeted.
5. A Contribution must not: be defamatory of any person; be misleading; be obscene, offensive, hateful or inflammatory; bully, insult, intimidate or humiliate, promote sexually explicit material; incite violence or hatred against particular groups, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; Include content that would be considered a criminal offence under laws relating to terrorism, child sexual abuse material, racism or xenophobia; infringe any copyright, database right or trade mark of any other person; breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence; contain illegal content or promote any illegal content or activity; be in contempt of court; be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety; Impersonate any person or misrepresent your identity or affiliation with any person; give the impression that the Contribution emanates from us as this is not the case; advocate, promote, incite any party to commit, or assist any unlawful or criminal act; contain any advertising or promote any services, products or web links to other sites other than your own business website registered as part of your Membership.
The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
We will determine, in its discretion, whether a Contribution breaches the Content Standards.
When we consider that a breach of the Content Standards has occurred, we may take such action as we deem appropriate and may result in us taking all or any of the following actions:
1. Immediate, temporary or permanent withdrawal of your right to use our Site.
2. Immediate, temporary or permanent removal of any Contribution uploaded by you to our Site.
3. Issue of a warning to you.
4. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
5. Further legal action against you.
6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of the Content Standards. The actions we may take are not limited to those described in clause 17)f), and we may take any other action we reasonably deem appropriate.
You warrant that any such contribution does complies with the Content Standards
You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights or of their right to privacy.
If you wish to contact us in relation to content you have uploaded to our site and that we have taken down, please contact support@oskar.network
You are solely responsible for securing and backing up your content.
Confidentiality
The provisions of this clause shall not apply to any Confidential Information that:
1. is or becomes generally available to the public (other than as a result of its disclosure by you or us or either of our Representatives in breach of this clause);
2. was available to the receiving party on a non-confidential basis before disclosure by the disclosing party; or
3. was, is or becomes available to the receiving party on a non-confidential basis from a person who, to the receiving party’s knowledge, is not bound by a confidentiality agreement with the disclosing party or otherwise prohibited from disclosing the information to the receiving party;
You and we shall keep the other’s Confidential Information secret and confidential and shall not:
1. use such Confidential Information except:
  1. in your case for contacting the member who posted the content regarding the Property to arrange a viewing;
  2. in our case, to enforce our rights and perform our obligations under these terms and conditions, provide the Services on the Site or to gather statistical data on an anonymous basis which we may provide to members or other third parties.
2. disclose such Confidential Information in whole or in part to any third party, except as expressly permitted by this clause 18).
A party may disclose the other party’s Confidential Information to those of its Representatives who need to know such Confidential Information for the Permitted Purpose, provided that:
1. it informs such Representatives of the confidential nature of the Confidential Information before disclosure; and
2. at all times, it is responsible for such Representatives’ compliance with the confidentiality obligations set out in this clause.
A party may disclose Confidential Information to the extent such Confidential Information is required to be disclosed by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction provided that, to the extent it is legally permitted to do so, it gives the other party as much notice of such disclosure as possible.
A party may, provided that it has reasonable grounds to believe that the other party is involved in activity that may constitute a criminal offence under the Bribery Act 2010, disclose Confidential Information to the Serious Fraud Office without first informing the other party of such disclosure.
Each party reserves all rights in its Confidential Information. No rights or obligations in respect of a party’s Confidential Information other than those expressly stated in these terms and conditions are granted to the other party, or to be implied from this agreement.
On termination of your Membership, you shall:
1. destroy or return to the other party all documents and materials (and any copies) containing, reflecting, incorporating or based on our Confidential Information;
2. erase our Confidential Information from computer and communications systems and devices used by it, including such systems and data storage services provided by third parties (to the extent technically and legally practicable).
On termination of your Membership, all content that you have uploaded to the Site, intended to be visible to other members shall be deleted. We shall be entitled to retain Confidential Information to the extent that it is necessary to continue to fulfil the purposes outlined in clause 18)b)i)(2).
Except as expressly stated in this agreement, neither you nor we make any express or implied warranties or representation concerning its Confidential Information.
The above provisions of this clause 18) shall continue to apply after termination of your Membership.
Our responsibility for loss or damage suffered by you and your responsibility for loss or damage suffered by us.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
We exclude all implied conditions, warranties, representations or other terms that may apply to the Services, our Site, or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
1. use of, or inability to use, our Site; or
2. use of or reliance on any content displayed on our Site.
Save in relation to your liability to us under clause 19)f), neither you nor we, will be liable for:
1. loss of profits, sales, business, or revenue;
2. business interruption;
3. loss of anticipated savings;
4. loss of business opportunity, goodwill or reputation; or
5. any indirect or consequential loss or damage.
Save in relation to your liability to us under clause 19)f), your total aggregate liability to us, and our total aggregate liability to you shall not exceed £100,000 (one hundred thousand pounds).
This clause 19)f) is excluded from the limitations set out in clauses 19)d) and 19)e). You agree to indemnify and keep us indemnified against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with:
1. Your breach of the Content Standards, clause 12)b) (How you may use material on our Site), clause 13) (No text or data mining or web scraping); or clause 18) (Confidentiality);
2. Your breach of the warranties given by you at clause 17)a) (warranty – uploading content to our Site) or clause 20)b) (data sharing warranty);
3. Any claim by a third party for actual or alleged infringement of that third party’s intellectual property rights arising out of or in connection with any Contributions uploaded to the Site by you;
4. Any claim by a Property owner.
Use of personal information
We will only use your personal information as set out in our Privacy Policy.
You warrant that in relation to all Member Data you have lawful and legitimate grounds to share the Member Data with us for the following purposes:
1. In relation to Authorised Users, their name, email address, contact number, social media profile (such as LinkedIn) for the purpose of providing access to the Services, receiving communications regarding these terms and conditions and enforcement of rights and obligations under these terms and conditions and sharing such contact information with other members;
2. In relation to third parties, their name and email address, to send email communication to invite them to become a member.
For the purposes of the following clauses you and we are both data controllers. Controller, Processor, Data Subject, Personal Data, Personal Data Breach, processing and appropriate technical and organisational measures are as defined in the Data Protection Legislation. Data Protection Legislation to the extent the UK GDPR (as defined in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018) applies, the law of the United Kingdom or of a part of the United Kingdom which relates to the protection of personal data and to the extent the EU GDPR (General Data Protection Regulation ((EU) 2016/679)) applies, the law of the European Union or any member state of the European Union to which the party is subject, which relates to the protection of personal data. Shared Personal Data means the Personal Data to be shared between you and us under these terms and conditions. Data Discloser means either you or us whoever discloses the Shared Personal Data to the other, who shall be the Data Receiver.
You and We agree to only Process Shared Personal Data, as described for the purposes set out in clauses 20)a), 20)b)i) and 20)b)ii). (Agreed Purposes)
You and we agree to ensure compliance with applicable Data Protection Legislation at all times during your Membership.
In the event the data protection law or approach to compliance of the UK and if different the country in which you are based conflict, the requirements of the country that necessitates stricter or additional requirements to protect data subjects’ privacy and Shared Personal Data shall be applied.
The following types of Personal Data will be shared between you and us during your Membership name, address, email address, telephone and mobile phone number of Authorised Users. No special categories of Personal Data will be shared.
The Shared Personal Data must not be irrelevant or excessive with regard to the Agreed Purposes.
You and we shall ensure that it Processes the Shared Personal Data fairly and lawfully.
You and we shall ensure that itself has legitimate grounds under the Data Protection Legislation for the Processing of Shared Personal Data.
You and we each agree to provide such assistance as is reasonably required to enable the other party to comply with Subject Rights Requests within the time limits imposed by the Data Protection Legislation.
The Data Discloser shall, in respect of Shared Personal Data, ensure that it provides clear and sufficient information to the Data Subjects, in accordance with the Data Protection Legislation, of the purposes for which it will process their Personal Data, the legal basis for such purposes and such other information as is required by the Data Protection Legislation.
The Data Receiver undertakes to inform the Data Subjects, in accordance with the Data Protection Legislation, of the purposes for which it will process their Personal Data, the legal basis for such purposes and such other information as is required by the Data Protection Legislation.
The Data Receiver shall not retain or process Shared Personal Data for longer than is necessary to carry out the Agreed Purpose. Notwithstanding, this obligation, the parties shall continue to retain Shared Personal Data in accordance with any statutory or professional retention periods applicable in their respective countries and / or industry.
If the Data Receiver appoints a third party Processor to Process the Shared Personal Data it shall comply with the relevant provisions of the Data Protection Legislation and shall remain liable to the Data Discloser for the acts and/or omissions of the Processor.
The Data Receiver may not transfer Shared Personal Data to a third party located outside the EEA unless it;
complies with the provisions of the Data Protection Legislation in the event the third party is a joint controller; and
ensures that (i) the transfer is to a country approved under the applicable Data Protection Legislation as providing adequate protection; or (ii) there are appropriate safeguards or binding corporate rules in place pursuant to the applicable Data Protection Legislation; or (iii) the transferee otherwise complies with the Data Receiver’s obligations under the applicable Data Protection Legislation by providing an adequate level of protection to any Shared Personal Data that is transferred; or (iv) one of the derogations for specific situations in the applicable Data Protection Legislation applies to the transfer.
The Data Discloser shall only provide the Shared Personal Data via the Site to the Data Receiver.
You and we undertake to have in place throughout the Membership period appropriate technical and organisational security measures to prevent unauthorised or unlawful processing of the Shared Personal Data and the accidental loss or destruction of, or damage to, the Shared Personal Data
You and we shall each comply with our respective obligations to report a Personal Data Breach to the Information Commissioner or appropriate Supervisory Authority and (where applicable) Data Subjects under the Data Protection Legislation and shall each inform the other of any Personal Data Breach irrespective of whether there is a requirement to notify the Information Commissioner or any Supervisory Authority or Data Subject(s).
You and we agree to provide reasonable assistance as is necessary to each other to facilitate the handling of any Personal Data Breach in an expeditious and compliant manner.
In the event of a dispute, complaint or claim brought by a Data Subject or the Information Commissioner or a Supervisory Authority concerning the processing of Shared Personal Data against either or both parties, you and we will inform each other about any such disputes, complaints or claims, and will cooperate with a view to settling them amicably in a timely fashion.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Rules about linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you save that you have permission, subject to this clause 22), to include a link in posts on professional networking sites such as LinkedIn .
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
Termination
Your Membership, unless otherwise terminated as provided in this clause 23), commences when your Membership application is accepted and shall continue until you delete your Membership account.
Without affecting any other right or remedy available we may have, we may terminate your Membership account with immediate effect by giving written notice if:
1. you are in breach of the Content Standards, clause 12)b) (How you may use material on our Site), clause 13) (No text or data mining or web scraping); clause 17)a) (warranty – uploading content to our Site); clause 18) (Confidentiality) or clause 20)b) (data sharing warranty);
2. you otherwise commit a material breach of any other term of these terms and conditions and (if such breach is remediable) fail to remedy that breach within a period of 7 days after being notified in writing to do so;
3. you do anything which in our opinion does or is likely to negatively affect our reputation, bring us into disrepute or is materially adverse to our interests;
4. you take or have taken against you (other than in relation to a solvent restructuring) any step or action towards its entering bankruptcy, administration, provisional liquidation or any composition or arrangement with its creditors, applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court), being struck off the register of companies, having a receiver appointed to any of its assets, or its entering a procedure in any jurisdiction with a similar effect to a procedure listed in this clause 23)b)iv);
5. you suspend or cease, or threaten to suspend or cease, carrying on business;
6. you (being an individual) dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing your own affairs or become a patient under any mental health legislation; or
7. you undergo a change of control within the meaning of section 1124 of the Corporation Tax Act 2010).
On termination of this agreement for any reason:
1. all Contributions uploaded to the Site will be removed and deleted. Note we will not provide you with copies. You are responsible for ensuring that you keep copies and backups of all of your Contributions;
2. your details will be removed from any user accessible directories stored on the Site.
3. any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination shall not be affected or prejudiced.
General
Variation. No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
Waiver.
1. A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
2. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
Rights and remedies. Except as expressly provided in this agreement, the rights and remedies provided under this agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
Severance. If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.
Entire agreement
1. These terms and conditions constitute the entire agreement between you and us and supersedes and extinguishes all previous and contemporaneous agreements, promises, assurances and understandings between them, whether written or oral, relating to its subject matter.
2. You acknowledge that in entering into these terms and conditions you do not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms and conditions.
3. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms and conditions.
4. Nothing in this clause shall limit or exclude any liability for fraud.
Assignment
1. You shall not, without our prior written consent, assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of your rights and obligations under these terms and conditions.
2. We may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of our rights and obligations under this agreement.
No partnership or agency. Nothing in this agreement is intended to or shall operate to create a partnership between the you and us, or authorise either you or us to act as agent for the other, and neither you nor us shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
Third party rights. This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement and the rights of either you or us to rescind or vary this agreement are not subject to the consent of any other person.
Notices
1. Any notice given to a party under or in connection with this agreement shall be in writing and shall be:
  1. delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or
  2. sent by email to us at the email address given at the start of theses terms and conditions or to you at the email address you enter into your membership details (or an address substituted in writing by the party to be served)
2. Any notice shall be deemed to have been received:
  1. if delivered by hand, at the time the notice is left at the proper address;
  2. if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; or
  3. if sent by email, at the time of transmission, or, if this time falls outside Business Hours in the place of receipt, when Business Hours resume.
3. This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
Governing Law and Jurisdiction. These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Terms & Conditions

For Homebuyers

For Agents