Terms of Use for Estate Agents
Last updated: 13 July 2026
1. Definitions and Interpretation
1.1The following definitions are used in these Terms:
Authorised Users means your Representatives you have authorised via your Membership account to access and use the Site and Services in accordance with these Terms.
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 Data.
Content Standards means the content standards set out in clause 16.3
Contribution means any and all material which you upload to our Site.
Estate Agent means any person or firm who, in the course of a business, acts on instructions from a client to introduce a third party who wishes to acquire an interest in a Property and/or negotiate the terms of the acquisition or disposal of such an interest in a Property after an introduction has been made.
Fee means £20 (inclusive of VAT) per Authorised User per month-period, or as may otherwise change in accordance with these terms.
Members means members of the Site approved by us.
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.
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.
Minimum Listing Value means a Property with an asking price of £2,000,000 (two million pounds) or more, or such other threshold as we may notify to Members from time to time.
Property means a residential freehold or leasehold property.
Property Data means all information relating to a Property including but not limited to photographs, videos, floorplans, descriptions, location information, ownership information, occupancy information, rental information, listing information, pricing information, transaction history, utility information, energy performance information, planning information and associated metadata.
Representatives means, in relation to a party, its employees, officers, agents, contractors, subcontractors, representatives, advisers and any other staff.
Services means the services of the Site to allow Members to view Properties uploaded by other Members, together with any additional services we may provide from time to time via the Site.
Site means www.oskar.network (known as ‘Oskar Prime’) and any of its webpages.
Terms means these terms of use and other policies confirmed as such under clause 5.
you/your means the Estate Agent whose details are entered into the Membership application.
1.2Clause headings shall not affect the interpretation of these Terms.
1.3A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality).
1.4A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
1.5Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
1.6A reference to a statute or statutory provision is a reference to it as it is in force as at the date of this agreement.
1.7A 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.
1.8A reference to writing or written includes email but excludes fax.
2. Who we are and how to contact us
2.1The Site is operated by Oskar Network Ltd (“we“, “us”, “our”). 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.
2.2We operate a technology platform only and are not party to any property transaction. We do not act as an estate agent, property broker, intermediary, introducer, negotiator, adviser or representative in relation to any Property. We do not participate in or supervise negotiations, transactions or communications between Members. Any discussions, negotiations or agreements relating to a Property occur solely between the relevant Members and/or their clients
2.3To contact us, please email support@oskar.network.
3. Who we allow to be Members
3.1Membership is only available to organisations acting in the course of business as an Estate Agent.
3.2By applying for Membership, you warrant and represent that:
3.2.1you are carrying on business as an Estate Agent;
3.2.2you are legally permitted to market and promote property on behalf of property owners; and
3.2.3you comply with all applicable laws and regulations relating to estate agency services including the Estate Agents Act 1979, the Consumer Protection from Unfair Trading Regulations 2008 and any applicable anti-money laundering, sanctions and counter-terrorist financing laws and obligations.
3.3We reserve the right to request evidence of your regulatory status, professional registration or authority to act for the owner of a Property at any time
4. By applying for Membership, you accept these Terms
4.1By applying for a Membership, you confirm that you accept these Terms and that you agree to comply with them.
4.2If you do not agree to these Terms, you must not use our Site.
4.3We 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 Membership application will be based on these Terms only, to the exclusion of any other terms and conditions you may seek to impose, or which may be implied through custom and practice.
5. There are other terms that may apply to you
5.1These Terms include our Privacy Policy. See further under How we may use your personal information.
6. 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 will apply from the date stipulated and your continued Membership will be deemed acceptance of those new Terms.
7. 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.
8. We may suspend or withdraw our Site
8.1Access to our Site is made available subject to payment of the applicable Fee in accordance with these Terms.
8.2We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted, secure or error-free.
8.3We 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.
9. Geographical use of our Site
Our Site is directed to people residing in the United Kingdom and the European Economic Area. We do not represent that content available on or through our Site is appropriate for use or available in other locations.
10. Membership and Authorised User accounts
10.1The person accepting these Terms warrants that they are duly authorised to accept them on behalf of you. You shall be bound by the acceptance of these Terms by any person purporting to accept them on its behalf.
10.2The Representative 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, a director of you must give notice in writing to support@oskar.network.
10.3Your Membership may permit one or more Authorised Users to access and use the Site on your behalf. Each Authorised User account must only be accessed and used by one Representative, and you must disclose to us that person’s name and email address.
10.4You warrant that you have consent from all Representatives that create and access an Authorised User account that they do so knowing that we obtain, hold and store their personal data shared with us in accordance with our Privacy Policy.
10.5You are able to add or remove Authorised Users, subject to payment of the Fee.
10.6You are responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and that they comply with them.
10.7You are responsible for ensuring that all Authorised Users comply with these Terms, and you remain fully liable for all acts and omissions of any Authorised Users accessing the Site under your Membership.
11. You must keep your account details safe
11.1If 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.
11.2We have the right to disable any user identification code or password, whether chosen by you or allocated by us, or terminate any Authorised User account or your Membership, at any time without notice, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
11.3If 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.
12. How we charge for our Services
12.1In consideration for the provision of the Services and your Membership access to the Site, you agree to pay the applicable Fee in accordance with this clause.
12.2The Fee is payable in advance and must be paid in full before the relevant Authorised User is granted or permitted continued access to the Site and the Services.
12.3For the purposes of these Terms, a “month-period” means a recurring period of one calendar month commencing on:
12.3.1the date on which your Membership is first activated; or
12.3.2such other date as may be specified by us when confirming your Membership.
12.4Each month-period will automatically renew for successive month-periods unless terminated in accordance with these Terms.
12.5Any additional Fees arising from the addition of Authorised Users may be charged immediately on a pro-rated basis for the remainder of the current month-period and will thereafter be included in the recurring monthly Fee.
12.6Unless expressly stated otherwise in writing, all Fees are non-refundable, including where:
12.6.1you choose to cancel your Membership during a month-period; or
12.6.2access to the Site is suspended due to your breach of these Terms.
12.7You authorise us (or our third-party payment provider) to collect the Fees automatically on a recurring monthly basis using the payment method you provide at registration or subsequently update through your account.
12.8You are responsible for ensuring that the payment details provided are accurate, current and valid, and you must promptly update any changes to such payment information.
12.9If we are unable to collect the Fee when due for any reason, we may, without prejudice to any other rights or remedies available to us:
12.9.1suspend or restrict your Membership and/or any Authorised User account’s access to the Site and the Services until payment is successfully received;
12.9.2retry the payment using the payment details you have provided; and/or
12.9.3terminate your Membership where payment remains outstanding for a reasonable period.
12.10Suspension of access under this clause does not relieve you of your obligation to pay any Fees that have accrued or remain payable.
12.11We reserve the right to vary the Fee from time to time. Where we do so, we will provide you with reasonable prior notice, and the revised Fee will apply from the start of the next month-period following such notice.
12.12All Fees stated as inclusive of VAT are inclusive of value added tax at the prevailing rate. Where VAT or any other applicable sales or consumption tax is required by law to be charged in addition, such tax shall be payable by you.
12.13Except where expressly permitted under these Terms or required by law, you may not withhold, deduct, set off or reclaim any Fees payable to us.
12.14We may, at our discretion, offer promotional pricing, discounts or trial periods from time to time. Such offers may be subject to additional terms and may be withdrawn or amended at any time.
12.15Any Fees due and unpaid may be recovered by us as a debt, together with any reasonable costs incurred in recovering such amounts.
13. How you may use material on our Site
13.1We 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.
13.2You may not print off, reproduce in any way or download extracts, of any page(s) from our Site.
13.3If you print off, copy, download, share or repost any part of our Site in breach of these Terms, 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.
13.4You undertake not to use the information on our Site to contact the owner of any Property uploaded by another Member or otherwise circumvent a Member that has been appointed to represent a Property. If you circumvent another Member in breach of this clause, we reserve the right to suspend or terminate your Membership and/or charge an administrative fee.
13.5All enquiries regarding a Property must be made through the Member who uploaded the Property Data unless expressly authorised by that Member. You undertake not to solicit or seek to entice away from any Member the business of any Property about which that person has posted. If you enter into any transaction relating to a Property introduced via the Site in breach of this clause, you agree to indemnify us and the relevant Member for any loss suffered.
13.6Any dispute arising between Members in relation to Property listings, introductions or transactions is solely between those Members. We are not responsible for resolving such disputes and may, but are not obliged to, assist.
13.7We do not guarantee accuracy, completeness or availability of any Property listing.
14. No text or data mining or web scraping
14.1You 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):
14.1.1any “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; and
14.1.2any 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.
14.2The 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).
14.3This 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.
15. Do not rely on information on this Site
15.1The 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.
15.2The 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.
15.3We do not guarantee that any Property listed on the Site will result in a transaction, introduction, viewing or agreement between Members or their clients.
15.4We make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
15.5You 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.
15.6We may use artificial intelligence, machine learning and automated systems to analyse Property Data, improve the Services, generate summaries, categorise listings, identify trends, improve search functionality and develop new products and services.
15.7AI-generated outputs are provided for informational purposes only and should not be relied upon without independent verification.
15.8You acknowledge that Property Data uploaded by you may be processed by such systems in accordance with our Privacy Policy.
15.9We may introduce, modify, suspend, withdraw or replace any AI-powered functionality or feature at any time. We do not guarantee the continued availability of any particular AI feature or that AI-generated outputs will remain consistent over time.
15.10If you wish to complain about any other content, please contact us at support@oskar.network.
16. Uploading content to our Site
16.1You warrant and represent that you:
16.1.1have entered into a written legally binding agreement with the registered legal owner of any Property that you upload to the Site, which allows for the Property to be promoted to third parties via digital platforms such as the Site;
16.1.2have verified the identity all owners of any Property (and where relevant, the directors of the owner and beneficial owners of the Property) and that it/they are the registered owner of the Property about which you are uploading content;
16.1.3you have conducted and complied with all applicable laws and regulations relating to estate agency activities including but not limited to the Estate Agents Act 1979, the Consumer Protection from Unfair Trading Regulations 2008 and all applicable anti-money laundering and sanctions legislation
16.1.4have 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;
16.1.5will not upload any information to the Site, from which the Property owner or occupier could be identified, including but not limited to identifiable photos within any photos you upload;
16.1.6are the owner or licensee (with the authority to sub-licence) of all intellectual property rights in the content uploaded to our Site;
16.1.7will only upload a Property that meets the Minimum Listing Value, for which we may request evidence; and
16.1.8what you upload to the Site will comply at all times with the Content Standards.
16.2You acknowledge that we may use automated technologies, including artificial intelligence, to review, identify, categorise, redact, blur or remove Contributions or Property Data where reasonably necessary to comply with applicable law, enforce these Terms, protect the rights of third parties or improve the operation of the Site .
16.3When you upload or post content to our Site, you grant us the following rights to use that content:
16.3.1a worldwide, non-exclusive, perpetual, royalty-free, irrevocable, transferable and sub-licensable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that Contribution in connection with the operation, provision and promotion of the Site and Services, during and after termination of these Terms and/or your Membership;
16.3.2a worldwide, non-exclusive, royalty-free, transferable licence for other users to use the Contribution in accordance with the functionality of the Site and these Terms to expire when you delete the content from the Site.
16.4Whenever you make use of a feature that allows you to upload content to our Site, or to contact other Members or users of our Site, you must comply with the following Content Standards:
16.4.1You may not use our Site:
16.4.1.1in any way that breaches any applicable local, national or international law or regulation;
16.4.1.2in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
16.4.1.3for the purpose of harming or attempting to harm minors in any way;
16.4.1.4to bully, insult, intimidate or humiliate any person;
16.4.1.5to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
16.4.1.6to 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;
16.4.1.7in any way that involves child sexual exploitation or abuse; and
16.4.1.8to upload terrorist content.
16.4.2You also agree not to:
16.4.2.1reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of these Terms;
16.4.2.2access 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; and/or
16.4.2.3build competing property databases, distribute Property Data and/or listings beyond Authorised Users or create mailing lists or prospecting databases
16.5All Contributions must:
16.5.1be accurate where it states facts;
16.5.2Comply with the law applicable in any jurisdiction from which it is posted and to which our Site is targeted; and
16.5.3not 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.
16.6The 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.
16.7We will determine, in its discretion, whether a Contribution breaches the Content Standards.
16.8When we consider that a breach of the Content Standards has occurred, we may take such action as we reasonably deem appropriate and may result in us taking all or any of the following actions:
16.8.1immediate, temporary or permanent withdrawal of your right to use our Site;
16.8.2immediate, temporary or permanent removal of any Contribution uploaded by you to our Site;
16.8.3issue of a warning to you;
16.8.4legal 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;
16.8.5Further legal action against you; and/or
16.8.6disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
16.9We 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 16.6, and we may take any other action we reasonably deem appropriate
16.10We also have the right to disclose your identity to any third party claims that any Contribution posted or uploaded by you to our Site constitutes a violation of their intellectual property rights or of their right to privacy.
16.11If 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.
16.12You are solely responsible for securing and backing up your content, Property Data, Member Data, any Contribution and any other data and information.
17. Our right to suspend your Membership and remove Contributions and Properties listed
17.1We may suspend your Membership if we reasonably suspect that you have breached any warranty, representation or undertaking provided by you to us under these Terms.
17.2We will investigate any suspicion of such breach and keep you updated on our findings. You undertake to assist us with any such investigation so the matter can be promptly resolved.
17.3We may remove or suspend, edit or restrict access to any Contribution that we deem unacceptable, as at our sole discretion.
17.4We may remove any Property that does not meet, in our reasonable discretion, the Minimum Listing Value.
18. Confidentiality
18.1The provisions of this clause shall not apply to any Confidential Information that:
18.1.1is 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);
18.1.2was available to the receiving party on a non-confidential basis before disclosure by the disclosing party; or
18.1.3was, 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;
18.2You and we shall keep the other’s Confidential Information secret and confidential and shall not:
18.2.1use such Confidential Information except:
18.2.1.1in your case for contacting the member who posted the content regarding the Property to arrange a viewing;
18.2.1.2in our case, to enforce our rights and perform our obligations under these Terms, 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.
18.2.2disclose such Confidential Information in whole or in part to any third party, except as expressly permitted by this clause.
18.3A 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:
18.3.1it informs such Representatives of the confidential nature of the Confidential Information before disclosure; and
18.3.2at all times, it is responsible for such Representatives’ compliance with the confidentiality obligations set out in this clause.
18.4A 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.
18.5A 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.
18.6Each 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 are granted to the other party, or to be implied from this agreement.
18.7On termination of your Membership, you shall:
18.7.1destroy or return to the other party all documents and materials (and any copies) containing, reflecting, incorporating or based on our Confidential Information;
18.7.2erase 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).
18.8On 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 18.2.1.2.
18.9Except as expressly stated in these Terms, neither you nor we make any express or implied warranties or representation concerning its Confidential Information.
18.10The above provisions of this clause shall continue to apply after termination of your Membership.
19. Our responsibility for loss or damage suffered by you and your responsibility for loss or damage suffered by us.
19.1We 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.
19.2We exclude all implied conditions, warranties, representations or other terms that may apply to the Services, our Site or any content on it.
19.3We 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:
19.3.1use of, or inability to use, our Site; or
19.3.2use of or reliance on any content displayed on our Site.
19.4Save in relation to your liability to us under clause 19.6, neither you nor we, will be liable for:
19.4.1loss of profits, sales, business, or revenue;
19.4.2business interruption;
19.4.3loss of anticipated savings;
19.4.4loss of business opportunity, goodwill or reputation; or
19.4.5any indirect or consequential loss or damage.
19.5Save in relation to your liability to us under clause 19.6 your total aggregate liability to us, and our total aggregate liability to you shall not exceed £100,000 (one hundred thousand pounds).
19.6This clause is excluded from the limitations set out in clauses 19.4 and 19.5. 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 your breach of:
19.6.1the Content Standards;
19.6.2inaccurate or misleading Property Data;
19.6.3confidentiality obligations;
19.6.4clauses relating to your use of the Site, our Services and your Membership;
19.6.5the warranties given by you;
19.6.6any 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; and
19.6.7any claim by a Property owner.
20. Use of personal information
20.1We will only use your personal information as set out in our Privacy Policy.
21. We are not responsible for viruses and you must not introduce them
21.1We do not guarantee that our Site will be secure or free from bugs or viruses.
21.2You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.
21.3You 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.
22. Rules about linking to our Site
22.1You 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.
22.2You 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.
22.3You 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), to include a link in posts on professional networking sites such as LinkedIn .
22.4Our 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.
22.5We reserve the right to withdraw linking permission without notice.
23. Term and termination
23.1Your Membership, unless otherwise terminated as provided in this clause, commences when your Membership application is accepted and shall continue until you delete your Membership account in accordance with these Terms.
23.2You may cancel your Membership at any time by providing notice through your account on the Site or by contacting us using the contact details provided on the Site.
23.3Where you cancel your Membership or any Authorised User Account:
23.3.1the cancellation will take effect at the end of the current month-period for which Fees have already been paid; and
23.3.2you will continue to have access to the Services until the end of that month-period.
23.4No refunds will be provided for any unused portion of a month-period following cancellation.
23.5We reserve the right to terminate or suspend your Membership at any time where you are in material breach of these Terms, including for non-payment of Fees.
23.6Together with any other right to terminate as set out in these Terms, without affecting any other right or remedy available we may have, we may terminate any Authorised User Account and/or your Membership with immediate effect by giving written notice if:
23.6.1you commit a material breach of any other term of these Terms 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;
23.6.2you 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;
23.6.3you 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 this clause;
23.6.4you suspend or cease, or threaten to suspend or cease, carrying on business;
23.6.5you (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
23.6.6you undergo a change of control within the meaning of section 1124 of the Corporation Tax Act 2010).
23.7On termination of this agreement for any reason:
23.7.1all Contributions uploaded to the Site will be removed and deleted. We will not provide you with copies. You are responsible for ensuring that you keep copies and backups of all of your Contributions;
23.7.2your details will be removed from any user accessible directories stored on the Site;
23.7.3any 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;
23.7.4except for any personal data, we shall be entitled to maintain all Property Data and use any and all such data as at our sole discretion. We may use aggregated and anonymised data derived from Property Data and Member activity for analytics, benchmarking, market insight and product improvement purposes.
24. General
24.1Variation. No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
24.2Waiver.
24.2.1A 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.
24.2.2A 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.
24.3Rights 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.
24.4Severance. 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.
24.5Entire agreement.
24.5.1These Terms 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.
24.5.2You acknowledge that in entering into these Terms 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.
24.5.3You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
24.5.4Nothing in this clause shall limit or exclude any liability for fraud.
24.6Assignment
24.6.1You 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.
24.6.2We 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.
24.7No 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).
24.8Third 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.
24.9Notices.
24.9.1Any notice given to a party under or in connection with this agreement shall be in writing and shall be:
24.9.1.1delivered 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
24.9.1.2sent by email to us at the email address given at the start of these Terms 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).
24.9.2Any notice shall be deemed to have been received:
24.9.2.1if delivered by hand, at the time the notice is left at the proper address;
24.9.2.2if 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
24.9.2.3if 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.
24.9.3This 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.
24.10Force majeure. Neither party shall be liable for delay caused by events beyond reasonable control.
24.11Governing 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.