Terms and Conditions
Definitions
"Agreement" means the Terms and Conditions and
Privacy Policy on
this Site which constitute an agreement between you,
the user, and us;
"Buyer" is a user of the Site who is searching for a property to buy;
"Buyer Service" means the service provided by the site to a Buyer;
"Privacy Policy" means the pickupaproperty
privacy policy
as amended from time to time linked to the Site;
"Seller" is a user of the Site who is advertising a property for sale via the Site;
"Seller Service" means the service provided by the site to a Seller;
"Service" means the service provided by the Site to a
Subscriber;
"Site" means the website at url www.pickupaproperty.com
or such other URLs or domain names we may use from time to time,
also referred to as 'this Site', owned and made available by pickupaproperty
limited which is a company registered in England and Wales;
"Subscriber" is a user of the Site who subscribes to
either the Buyer Service or the Seller Service being provided by the Site;
"Terms and Conditions" means the terms, covenants, conditions
and provisions contained herein, any terms and conditions contained
on any of the pages of the Site and includes the
Privacy Policy.
1. Terms and Conditions applicable to Subscribers
Introduction
This Agreement sets out the conditions upon which you may access
the information, products, material and Services available through
the Site. By accessing this Site you agree to be legally bound by these
Terms and Conditions and Privacy Policy
as they may be modified and posted from time to time. You should
not use the additional facilities and Services available on registering
unless you agree fully to these Terms and Conditions and
Privacy Policy.
Intellectual property
All rights, including copyright, trade marks, names and logos, used
in relation to this Site are owned by or controlled for these purposes
by us. Nothing in this Agreement confers on you any licence or right
under any or our trade marks, names or logos or those of any third
party.
No warranties
This Site is provided "as is" and we give no warranties
in respect thereof. Specifically, but without limitation, we do
NOT warrant that: you will be able to use the Site or that it will
continue to be made available in its current or any other form;
or the Site or any software of whatsoever nature available on or
downloaded from it will be free from viruses or defects, compatible
with your equipment or fit for any purpose; or any material or information
contained on this Site will be true, accurate or complete. Except
to the extent otherwise set out in the Terms and Conditions or the
Privacy Policy, any warranties which
would otherwise be implied by law (including, without limitation,
warranties as to satisfactory quality, fitness for purpose or skill
and care) are hereby excluded.
We also explicitly make no warranty as to the accuracy of information provided
by Sellers regarding properties for sale by private treaty, and disclaim any liability
resulting from any wrong or misleading information.
Links to third parties
This Site may contain links to sites operated by third parties.
Such links are provided for convenience only and we have no control
over their individual content. We therefore expressly make no warranties
or representations as to the accuracy or completeness of any of
the information appearing in relation to any linked sites nor as
to the suitability or quality of any of their products or services
and nor do we accept responsibility for the content and information
on the linked sites.
Links to this Site may not be included in any other website without
our prior written consent.
Changes to the Terms and Conditions and Privacy Policy
We reserve the right to change any of the Terms and Conditions (whether
contained in these Terms and Conditions and the
Privacy Policy at any time. It
is your responsibility to visit the Terms and Conditions and the
Privacy Policy of the Site on a
regular basis to ascertain whether any amendments to these Terms and
Conditions or the Privacy Policy
have been made. If you do not agree to such an amendment, you should
immediately cease to use this Site.
Responsibility of user
You agree that you will only use the Site in a manner that is consistent with
these Terms and Conditions and Privacy Policy
and in such a way as to comply with all applicable laws and regulations.
In particular, you will not use the Site to: commit or encourage a criminal
offence; infringe the intellectual property rights of any third party;
do anything which is contrary to the acceptable use policies of any
connected networks and internet standards; insert or knowingly or recklessly
transmit or distribute a virus; seek unauthorised entry into back office;
hack into any aspect of this Site; corrupt data; circumvent, or attempt to
circumvent, any of the security safeguards of us or any of our providers;
and cause annoyance to other users of this Site or others.
To the extent to which your use of this Site causes loss or damage
to any person, you agree to indemnify us (and our employees and
directors) and the providers immediately on demand in relation to
any such losses or damages attributable to us or such providers,
that may arise from such use.
It is your responsibility to verify any information that you may
obtain on the Site with independent authorities before acting on
it. It is also your responsibility to use suitable anti-virus software
on any material that you may download from the Site and to ensure
the compatibility of such software with your equipment.
2. Terms and Conditions applicable to the Buyer only
Charges for the Buyer Service
The charges for the Buyer Service are as follows:
| Monthly subscriptions: |
| Up to 3 regions, excluding North and South London |
£10.00 first month
£15.00 subsequent months
|
| Up to 3 regions, including North or South London |
£10.00 first month
£25.00 subsequent months
|
| Additional regions (excluding North or South London) |
£5.00 per region per month |
| Annual subscriptions: |
| Up to 3 regions, excluding North and South London |
£60.00 |
| Up to 3 regions, including North or South London |
£100.00 |
| Additional regions (excluding North or South London) |
£20.00 per region per year |
Once a subscription has been entered into by a Buyer, three changes may be made to his or her
chosen regions per month free of charge, unless the change results in an increased subscription
in accordance with the above charges, in which case we reserve the right to deduct the increase
in subscription from the Buyer's credit card (or debit card or similar).
Buyers have the right to cancel a subscription within 14 days of subscribing. If cancelled a refund
will be made if requested by the Buyer, unless the Buyer has used a promotional code for access
to the site, in which case no refund will be made.
3. Terms and Conditions applicable to the Seller only
Charges for the Seller Service
The charges for the Seller Service are as follows:
| Monthly subscriptions: |
|
£25.00 per month
|
| Full subscriptions: |
£75.00 one off payment. There is no time limit attached to this subscription.
However you must inform us promptly when the property has been sold. |
Consent
By sending us details of your property for publication you agree to their publication on the Site. You also warrant that:
- you are the legal owner of the property with the right to sell the property;
- you own full title to the property, or are acting as an agent for the owner;
- you own full copyright in the property details and any photographs submitted;
- the property details supplied by you are fair, honest and accurate, and are not in breach of the Property Misdescriptions Act 1991.
We reserve the right to amend any details submitted as we see fit, and to remove details of properties from
the database at our discretion.
4. Further Terms and Conditions applicable to Subscribers
Subscription to the Site
By subscribing to any of our Services you acknowledge and agree
that all materials received are for your personal use only.
You agree not to resell or transfer the information provided by
pickupaproperty.
Subscribers may not assign or transfer the subscription to any
other person or entity.
Subscriber must promptly inform pickupaproperty the following: changes
in the expiration date of any credit card (or debit card or similar)
used in connection with the Service; changes in home or billing
address.
Payment must be made using our payment service provider, Optimal Payments Limited, by Visa, Mastercard, Switch/Maestro, Solo.
We do not accept American Express or Electron Cards.
Monthly subscriptions will be automatically renewed for the monthly term upon expiration,
unless the Subscriber has unsubscribed prior to the subscription ending,
and pickupaproperty confirms cancellation with the Subscriber. pickupaproperty can not be held
responsible for the lack of timely delivery of email. If pickupaproperty does not respond to the
Subscriber's request for cancellation within 48 hours, it is the Subscriber's responsibility to contact
pickupaproperty and re-request subscription cancellation. When termination is requested
by a Subscriber, subscription fees that have been processed may be refunded at our sole
discretion. Subscribers are liable for charges incurred by them until the end of
subscription.
pickupaproperty may at any time, without prior notice and at our
sole discretion, terminate the Subscriber's membership. This may
happen if it appears the Subscriber is passing on the information
to third parties.
The Subscriber hereby agrees to Terms and Conditions herein, and
authorizes pickupaproperty to charge the Subscriber's credit card
(or debit card or similar) to pay for the ongoing cost of membership.
In consideration of your use of the Service you agree that you
are at least eighteen years of age.
Limitation of Liability
You use this Site at your own risk. In no event will we be liable
to you for any loss or damage of any kind (except personal injury
or death resulting from our negligence) including any lost revenue,
profit, or data, or for special, indirect, consequential, incidental
or punitive damages howsoever caused.
Severance
If any part of this Agreement is found to be void or unenforceable,
it will be severed from the rest of this Agreement so that it is
ineffective to the extent that it shall not affect the validity
of the balance of the Agreement, which shall remain valid and enforceable
according to its terms.
Third Party Rights
Nothing in this Agreement confers on any third party any benefits
under the provisions of the Contracts (Rights of Third Parties)
Act 1999.
Breach of Conditions of Use
We shall not be liable to you for any breach of conditions of use
or any failure to provide or delay in us providing our Services
through our Site resulting from any event or circumstance beyond
our reasonable control including without limitation strikes, lock-outs,
and other industrial disputes, break-down of systems or network
access, fire, explosion or accident failure of any third party
telecommunications or service provider.
No liability for use of the Site
We are not providing any professional advice or opinion on specific
facts or matters and we exclude all representations and offer no
warranties. Neither we nor any of our directors, officers, employees
or agents will be liable for damages arising out of or in connection
with the use of the Site or the information contained in it. This
is a comprehensive limitation of liability that applies to all damage
of any kind save that nothing in the Terms and Conditions and
Privacy Policy of the Site shall
exclude or restrict liability for death or personal injury resulting from
our negligence or that of our directors, officers, employees or agents.
Governing law
These Terms and Conditions and Privacy Policy
and any matter relating to this Site shall be governed by English
law and the English courts shall have non-exclusive jurisdiction
in respect of them.
Customer feedback
We operate a system to ensure that all customer feedback is dealt
with fairly and consistently and is properly recorded. If you think
that our service could be improved in any way, please use the
contact us
area of the site.
Site credits
The Site is hosted and managed for us by Serverstream Limited.
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