These Terms and
Conditions (“Terms”) constitute a legally binding agreement made between you,
whether personally or on behalf of an entity (“you” or “your”) and NEXT
BUSINESS LTD (“we,” “us,” or “our”), concerning your access to and use of the
NEXT BUSINESS LTD website as well as any other mobile website, mobile
application, media form, or media channel related, linked, or otherwise
connected thereto (collectively, the “Site”). You agree that by accessing the
Site, you have read, understood, and agreed to be bound by all these Terms.
IF YOU DO NOT
AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE
SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the
Site from time to time are hereby expressly incorporated herein by reference.
We reserve the right, in our sole discretion, to make changes to these Terms at
any time and for any reason. We will alert you about any changes by updating
the “Last updated” date of these Term, and you waive any right to receive
specific notice of each such change. It is your responsibility to periodically
review these Terms to stay informed of updates. You will be subject to, and
will be deemed to have been made aware of and to have accepted, the changes in
any revised Terms by your continued use of the Site after the date such revised
Terms are posted.
The information provided on this Site is not intended for distribution
to or use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which would
subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other locations
do so on their own initiative and are solely responsible for compliance with
local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least eighteen (18) years of
age. Persons under the age of eighteen (18) are not permitted to use or
register for the Site.
ABOUT US
Our sole function is to act as an impartial, virtual agent between
buyers and sellers of businesses and franchises within the United Kingdom. For
purposes of these Terms, a “Buyer” is any individual, whether acting on behalf
of themselves or on behalf of an entity, who buys, leases, or otherwise commits
to purchasing a business from another individual or entity, and a “Seller” is
any individual, whether acting on behalf of themselves or on behalf of an
entity, who has provided a listing within the marketplace to advertise and sell
their business to a Buyer. Buyers and sellers may be collectively referred to
as “users” throughout these Terms.
We provide services to our users, which include but are not limited to,
supplying a platform for:
(1) listing or advertising businesses or franchises to sell;
(2) Uploading
content including, but not limited to, information, videos, photographs, or
other media;
(3) Reporting
management;
(4) Searching
our database of businesses and franchises for sale;
(5) searching
our database of potential Buyers; and facilitating contact between Buyers and
Sellers.
INTELLECTUAL
PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all
software, website designs, source code, database, functionality, audio, video,
text, photographs, and graphics on the Site (collectively, the “Content”) and
the trademarks, service marks, and logos contained therein (the “Marks”) are
owned or controlled by us or licensed to us, and are protected by copyright and
trademark laws and various other intellectual property rights and unfair
competition laws of the United Kingdom, foreign jurisdictions, and
international conventions. The Content and the Marks are provided on the Site
“as is” for your information and personal use only. Except as expressly
provided in these Terms, no part of the Site and no Content or Marks may be
copied, reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold, licensed, or
otherwise exploited for any commercial purpose whatsoever, without our express
prior written permission.
Provided that you are eligible to use the Site, you are granted a
limited license to access and use the Site and to download or print a copy of
any portion of the Content to which you have properly gained access solely for
your personal, non-commercial use. We reserve all rights not expressly granted
to you in and to the Site, the Content, and the Marks.
USER
REGISTRATION AND ACCESS
Although all users have the ability to search and browse our Site, you
may be required to register with the Site to post business listings, advertise,
purchase a business, communicate with a Buyer or Seller, and/or use our Site’s
functionality. You agree to keep your password confidential and you will be
responsible for all use of your account and password. We reserve the right to
remove, reclaim, or change a username you select if we determine, in our sole
discretion, that such username is inappropriate, obscene, or otherwise
objectionable.
USER
REPRESENTATIONS
By using the Site, you represent and warrant that:
(1) All
registration information you submit will be true, accurate, current, and
complete;
(2) You will
maintain the accuracy of such information and promptly update such registration
information as necessary;
(3) You have the
legal capacity and you agree to comply with these Terms;
(4) You are not
a minor in the jurisdiction in which you reside;
(5) You will not
access the Site through automated or non-human means, whether through a robot,
script, or otherwise;
(6) You will not
use the Site for any illegal or unauthorized purpose, and your use of the
Site will not violate any applicable law or regulation.
If you provide
any information that is untrue, inaccurate, not current, or incomplete, we have
the right to suspend or terminate your account and refuse any and all current
or future use of the Site, or any portion thereof.
PROHIBITED
ACTIVITIES
You may not access or use the Site for any purpose other than that for
which we make the Site available. The Site may not be used in connection with
any commercial endeavors except those that are specifically endorsed or
approved by us.
As a user of the
Site, you agree not to:
• Make any
unauthorized use of the Site, including collecting usernames and/or email
addresses of users by electronic or other means for the purpose of sending
unsolicited email, or creating user accounts by automated means or under false pretences.
• Systematically
retrieve data or other content from the Site to create or compile, directly or
indirectly, a collection, compilation, database, or directory without written
permission from us.
• Circumvent,
disable, or otherwise interfere with security-related features of the Site,
including features that prevent or restrict the use or copying of any Content
or enforce limitations on the use of the Site and/or the Content contained
therein.
• Engage in
unauthorized framing of or linking to the Site.
• Trick,
defraud, or mislead us and other users, especially in an attempt to learn
sensitive account information such as user passwords.
• Make improper
use of our support services or submit false reports of abuse or misconduct.
• Engage in any
automated use of the system, such as using scripts to send comments or
messages, or using any data mining, robots, or similar data gathering and
extraction tools.
• Interfere
with, disrupt, or create an undue burden on the Site or the networks or
services connected to the Site.
• Sell or
otherwise transfer your profile.
• Use any
information obtained from the Site to harass, abuse, or harm another person.
• Use the Site
as part of any effort to compete with us, or otherwise use the Site and/or the
Content for any revenue-generating endeavor or commercial enterprise.
• Decipher,
decompile, disassemble, or reverse engineer any of the software comprising or
in any way making up a part of the Site.
• Attempt to
bypass any measures of the Site designed to prevent or restrict access to the
Site, or any portion of the Site.
• Harass, annoy,
intimidate, or threaten any of our employees or representatives engaged in
providing any portion of the Site to you.
• Delete the
copyright or other proprietary rights notice from any Content.
• Copy or adapt
the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript,
or other code.
• Upload or
transmit (or attempt to upload or transmit) viruses, Trojan horses, or other
material, including excessive use of capital letters and spamming (continuous
posting of repetitive text), that interferes with any party’s uninterrupted use
and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes
with the use, features, functions, operation, or maintenance of the Site.
• Upload or
transmit (or attempt to upload or transmit) any material that acts as a passive
or active information collection or transmission mechanism, including without
limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs,
cookies or other similar devices (sometimes referred to as “spyware” or
“passive collection mechanisms” or pcms”).
• Except as may
be the result of standard search engine or Internet browser usage, use, launch,
develop, or distribute any automated system, including without limitation, any
spider, robot, cheat utility, scraper, or offline reader that accesses the
Site, or using or launching any unauthorized script or other software.
• Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the Site.
• Use the Site
in a manner inconsistent with any applicable laws or regulations.
USER
GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs,
message boards, online forums, and other functionality, and may provide you
with the opportunity to create, submit, post, display, transmit, perform,
publish, distribute, or broadcast content and materials to us or on the Site,
including but not limited to text, writings, video, audio, photographs, graphics,
comments, suggestions, personal information, business information, or other
material (collectively, the “Contributions”). Contributions may be viewable by
other users of the Site and through third-party websites. As such, any
Contributions you transmit may be treated as non-confidential or
non-proprietary. When you create or make available any Contributions, you
thereby represent and warrant that:
• Your Contributions are not false, inaccurate, or misleading.
• Your
Contributions do not violate any applicable law, regulation, or rule.
• Your
Contributions do not violate the privacy or publicity rights of any third party.
• The creation,
distribution, transmission, public display, or performance, and the accessing,
downloading, or copying of your Contributions do not and will not infringe the
proprietary rights, including but not limited to the copyright, patent,
trademark, trade secret, or moral rights, of any third party.
• You are the
creator and owner of and have the necessary licenses, rights, consents,
releases, and permissions to use and to authorize us, the Site, and other users
of the Site to use your Contributions in any manner contemplated by the Site
and these Terms.
• You have the
written consent, release, and/or permission of each and every identifiable
individual person in your Contributions to use the name or likeness of each and
every such identifiable individual person to enable inclusion and use of your
Contributions in any manner contemplated by the Site and these Terms.
• Your Contributions
are not unsolicited or unauthorized advertising, promotional materials, pyramid
schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your
Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,
libelous, slanderous, or otherwise objectionable, as determined by us.
• Your
Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your
Contributions do not advocate the violent overthrow of any government or
incite, encourage, or threaten physical harm against another.
• Your
Contributions do not contain any material that solicits personal information
from anyone under the age of eighteen (18) or exploits people under the age of
eighteen (18) in a sexual or violent manner.
• Your Contributions
do not violate any laws concerning child pornography, or otherwise intended to
protect the health or wellbeing of minors.
• Your
Contributions do not include any offensive comments, including without
limitation, those that are connected to race, national origin, gender, sexual
preference, or physical handicap.
• Your
Contributions do not otherwise violate, or link to material that violates, any
provision of these Terms, or any applicable law or regulation.
Any use of the
Site in violation of the foregoing violates these Terms and may result in,
among other things, termination or suspension of your rights to use the Site.
CONTRIBUTION
LICENSE
By posting your Contributions to any part of the Site or making
Contributions accessible to the Site by linking your account from the Site to
any of your social networking accounts, you automatically grant, and you
represent and warrant that you have the right to grant, to us an unrestricted,
unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free,
fully-paid, worldwide right, and license to host, use, copy, reproduce,
disclose, sell, resell, publish, broadcast, retitle, archive, store, cache,
publicly perform, publicly display, reformat, translate, transmit, excerpt (in
whole or in part), and distribute such Contributions (including, without
limitation, your image and voice) for any purpose, commercial, advertising, or
otherwise, and to prepare derivative works of, or incorporate in to other
works, such Contributions, and grant and authorize sub=-licenses of the
foregoing. The use and distribution may occur in any media formats and through
any media channels.
This license will apply to any form, media, or technology now known or
hereafter developed, and includes our use of your name, company name, and
franchise name, as applicable, and any of the trademarks, service marks, trade
names, logos, and personal and commercial images you provide. You waive all
moral rights in your Contributions, and you warrant that moral rights have not
otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full
ownership of all your Contributions and any intellectual property rights or
other proprietary rights associated with your Contributions. We are not liable
for any statements or representations in your Contributions provided by you in
an area on the Site. You are solely responsible for you Contributions to the
Site and you expressly agree to exonerate us from any and all responsibility
and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion,
(1) to edit,
redact, or otherwise change any Contributions;
(2) To
re-categorize any Contributions to place them in more appropriate locations on
the Site; and
(3) To pre-screen
or delete any Contributions at any time and for any reason, without notice. We
have no obligation to monitor your Contributions.
GUIDELINES
FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When
posting a review, you must comply with the following criteria:
(1) You should
have first-hand experience with the person/entity being reviewed;
(2) Your reviews
should not contain offensive profanity, or abusive racist, offensive, or hate
language;
(3) Your reviews
should not contain discriminatory references based on religion, race, gender,
national origin, age, marital status, sexual orientation, or disability;
(4) Your reviews
should not contain references to illegal activity;
(5) You should
not be affiliated with competitors if posting negative reviews;
(6) You should
not make any conclusions as to the legality of conduct;
(7) You may not
post an false or misleading statements; and
(8) You may not
organize a campaign encouraging others to post reviews, whether positive or
negative.
We may accept,
reject, or remove reviews in our sole discretion. We have absolutely no
obligation to screen reviews or to delete reviews, even if anyone considers
reviews objectionable or inaccurate.
Reviews are not endorsed by us, and do not necessarily represent our
opinions or the views of any of our affiliates or partners. We do not assume
liability for any review or for any claims, liabilities, or losses resulting
from any review. By posting a review, you hereby grant to us a perpetual,
non-exclusive, worldwide, royalty-free, fully-paid, assignable, and
sub-licensable right and license to reproduce, modify, translate, transmit by
any means, display, perform, and/or distribute all content relating to reviews.
MOBILE
APPLICATION LICENSE
If you access the Site via a mobile application, then we grant you a
revocable, non-exclusive, non-transferable, limited right to install and use
the mobile application on wireless electronic devices owned or controlled by
you, and to access and use the mobile application on such devices strictly in
accordance with the terms and conditions of this mobile application license
contained in these Terms. You shall not:
(1) Decompile,
reverse engineer, disassemble, and attempt to derive the source code of, or
decrypt the application;
(2) make any
modification, adaptation, improvement, enhancement, translation, or derivative
work from the application;
(3) violate any
applicable laws, rules, or regulations in connection with your access or use of
the application;
(4) Remove,
alter, or obscure any proprietary notice (including any notice of copyright or
trademark) posted by us or the licensors of the application;
(5) Use the
application for any revenue generating endeavor, commercial enterprise, or
other purpose for which it is not designed or intended;
(6) Make the
application available over a network or other environment permitting access or
use by multiple devices or users at the same time;
(7) Use the
application for creating a product, service, of software that is, directly or
indirectly, competitive with or in any way a substitute for the application;
(8) Use the
application to send automated queries to any website or to send any unsolicited
commercial email; or
(9) Use a
proprietary information or any of our interfaces or our other intellectual
property in the design, development, manufacture, licensing, or distribution of
any applications, accessories, or devices for use with the application.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions,
ideas, feedback, or other information regarding the Site (the “Submissions”)
provided by you to us are non-confidential and shall become our sole property.
We shall own exclusive rights, including all intellectual property rights, and
shall be entitled to the unrestricted use and dissemination of these
Submissions for any lawful purpose, commercial or otherwise, without
acknowledgement or compensation to you. You hereby waive all moral rights to
any such Submissions, and you hereby warrant that any such Submissions are
original with you or that you have the right to submit such Submissions. You
agree there shall be no recourse against us for any alleged or actual
infringement or misappropriation of any proprietary right in your Submissions.
ADDITIONAL
TERMS FOR BUYERS
Notwithstanding any and all other provisions provided under these Terms,
any individual who utilizes the Site as a Buyer is bound to the following
additional terms:
• Upon registration with the Site, you may be required to create an account, or
profile, and provide us with certain information about yourself including, but
not limited to, your name, address, email address, and your business or
industry preferences (collectively, “Buyer Information”).
• While building
your account profile, you may also be asked to provide us with certain personal
information including, but not limited to, your age, marital status, gender,
ethnicity, and religion (collectively, “Buyer Personal Information”). Buyer
Personal Information is stored on your personal profile and is not required to
make an account on our Site.
• You
acknowledge and agree that you will also automatically receive alert emails or
recommendation emails regarding businesses for sale on our Site based on the
content provided in your profile.
• You
acknowledge and agree that you have the ability to save, edit, and update your
profile and the information contained within.
• You
acknowledge and agree that you have the ability to make your profile visible
and searchable in our database.
• Any
information you provide to create your account must be accurate and depict you.
You may not include profile information belonging to another individual, even
if you are acting on behalf of that individual.
• You
acknowledge and agree that you are solely responsible for the accuracy and
content of the Buyer Information you provide.
• You
acknowledge and agree that you have no ownership rights to your account and, to
the extent you terminate your account with us, your account, Contributions, and
Buyer Information will be marked as deleted and may be deleted from our
databases and removed from public display. Your information may continue to
appear on our Site for a period of time due to delays in the deletion process
of our servers.
• You
acknowledge and agree that we are not responsible for any third-party use of
your Contributions or Buyer Information and that third parties may retain saved
copies of your information.
• You
acknowledge and agree that we are not responsible or liable for any of the
information provided by Sellers, including any information provided in a
Seller’s account profile, business listing, or the content provided in any
documents or media a Seller may upload to our Site.
• You acknowledge
and agree that we have the right to suspend or terminate your account, without
warning and in our sole discretion, for any of the reasons set forth in these
Terms or after a significant time of inactivity by you.
• When the buyer
arranges a viewing, we might send a confirmation via sms, e-mail or website
messaging.
• A Buyer can
cancel their account at any time: however, our Company does not issue refunds
on services that have been cancelled even if the Buyer has purchased but not
used or accessed the website services. No refunds are issued on Buyer's
packages.
ADDITIONAL
TERMS FOR SELLERS
Notwithstanding any and all other provisions provided under these Terms,
any individual who utilizes the Site as a Seller is bound to the following
additional terms:
• You
acknowledge and agree that to advertise a business for sale on the Site, you
may be required to provide information specific to the business you wish to
sell including, but not limited to:
(1) The business
name, address, and telephone number;
(2) A
description of the business and property where the business is located,
including disclosure of any current lease agreements for property;
(3) documents
and information relating to the financial performance of the company including,
without limitation, financial performance statements, balance sheets, turnover
information, inventory valuation, and business valuation;
(4) Any
outstanding legal obligations you may have;
(5) Incorporation
documents;
(6) Information
regarding your business’s officers, directors, and shareholders;
(7) Current
status of your business and property;
(8) Selling
history; and
(9) Anticipated
sell price. (Collectively, “Seller Information”).
• You acknowledge and agree that you are solely responsible for the accuracy
and content of the Seller Information you provide.
• Any
information you provide to create your account must be accurate and depict you.
You may not include profile information belonging to another individual, even
if you are acting on behalf of that individual.
• You are solely
responsible for your business postings, advertisements, and Seller Information
on the Site. You acknowledge and agree that we are not responsible for any
errors or omissions listed in your postings or advertisements.
• You
acknowledge and agree that you may be required to pay a fee to use certain
functions of the Site including, without limitation, performing searches of
Buyer Information, posting businesses for sale to our boards, posting
advertisements, or posting other seller-related content (collectively, the
“Premium Registration”). Please refer to our Payment Policy, as defined by these
Terms, for more information.
• You
acknowledge and agree that we are not responsible for any decision made by you,
your employees or representatives working on your behalf.
• You
acknowledge and agree that we are not responsible or liable for any of the information
provided by Buyers, including the Buyer Information provided in their account
profile or the content provided in any documents or media a Buyer may upload to
the Site.
• You
acknowledge and agree that we, in our sole discretion, may restrict the number
of emails you may send to other users of the Site, including Buyers.
• You agree to
comply with all applicable privacy and data protection laws, and you agree that
you are responsible in ensuring that your employees, staff, or representatives
do the same.
• You
acknowledge and agree that we have the right to suspend or terminate your
account, without warning and in our sole discretion, for any of the reasons set
forth in these Terms or after a significant time of inactivity by you.
• When the Buyer
and Seller arrange a viewing of the listed property, they may receive a
confirmation SMS, text, or email message from our Company as a confirmation of
the viewing appointment.
• A Seller's
package can be cancelled at any time however, our Company does not issue
refunds for services that have been cancelled even if the Seller has not
accessed or used the service. Our Company has a no refund policy for purchased
packages.
ADDITIONAL
TERMS FOR ADVERTISERS
We allow advertisers to display their advertisements and other
information in certain areas of the Site, such as sidebar advertisements or
banner advertisements. If you are an advertiser, you shall take full
responsibility for any advertisements you place on the Site and any services
provided on the Site or products sold through those advertisements. Further, as
an advertiser, you warrant and represent that you possess all rights and
authority to place advertisements on the Site, including but not limited to,
intellectual property rights, publicity rights, and contractual rights. As an
advertiser, you agree that such advertisements are subject to copyright laws,
and you understand and agree there will be no refund or other compensation for
take-down related issues. Further, as an advertiser, you acknowledge and agree
that you may be required to pay a fee or enter in to one of our Premium Registrations
to advertise on the Site. Please refer to our Payment Policy, as defined by
these Terms, for more information on Premium Registrations.
PAYMENT /
REFUND POLICY
Some of the services provided through our Site require the payment of a
subscription or membership fee to use (the “Premium Registration”).
To purchase a Premium Registration, you will be required to establish an
account with us and provide us with valid and updated credit card information.
Payment schedules vary by package. Some packages require an upfront fee,
which is due in full, upon selection of the package (the “Upfront Fee”).
Certain packages may require you to pay recurring monthly or annual fees
(collectively, the “Subscription Fee”), sometimes in addition to the Upfront
Fee, until you cancel your Premium Registration and such cancellation goes in
to effect, which may not be until the next billing period. You may log in to
your account to view your specific schedule.
Upon submitting your credit card information to us, you authorize us to
charge such credit card for the balance owed for the Premium Registration
listed in your order, and to charge such credit card for all Subscription Fees
for the selected Premium Registration, if applicable.
PAYMENTS ARE NONREFUNDABLE AND THERE WILL BE NO
REFUNDS OR CREDITS ISSUED FOR UNUSED OR CANCELLED PREMIUM REGISTRATIONS.
Some Premium
Registrations have a timeframe for use and can expire. If services are not used
within the agreed timeframe set out by the Premium Registration, no refund will
be issued to you or be extended to use for another purchase. Following any
cancellation of your Premium Registration, you will continue to have access to
the service through the end of your current billing cycle.
You may be subject to a late fee in the amount of £10.00 per day should
you fail to remit payment in a timely manner. All late fees are due immediately
and added to your account.
You acknowledge and agree that we may provide information to a third
party in response to valid legal process including, without limitation,
subpoenas, search warrants, or court orders, or to establish our legal rights
or defend against legal claims. We will not be liable for any use or disclosure
of such information by such third parties.
You also acknowledge and agree that any credit card or related billing
information that you provide to us may be shared by us with companies that work
on our behalf, such as credit agencies and/or payment processors, solely for
the purposes of checking credit, carrying out payment to us, or servicing your
account.
We reserve the right to change or modify our
pricing schedule at any time and for any reason with fourteen (14) days’ notice
to you.
THIRD-PARTY
WEBSITES AND CONTENT
The Site may contain, or you may be sent via the Site, links to other
websites (“Third-Party Websites”) as well as articles, photographs, text,
graphics, pictures, designs, music, sound, video, information, applications,
software, and other content or items belonging to or originating from third
parties (“Third-Party Content”). Such Third-Party Websites and Third-Party
Content are not investigated, monitored, or checked for accuracy,
appropriateness, or completeness by us, and we are not responsible for any
Third-Party Websites accessed through the Site or any Third-Party Content
posted on, available through, or installed from the Site, including the
content, accuracy, offensiveness, opinions, reliability, privacy practices, or
other policies of or contained in the Third-Party Websites or the Third-Party
Content. Inclusion of, linking to, or permitting the use or installation of any
Third-Party Websites or any Third-Party Content does not imply approval or
endorsement thereof by us. If you decide to leave the Site and access the
Third-Party Websites or to use or install any Third-party Content, you do so at
your own risk, and you should be aware these Terms no longer govern. You should
review the applicable terms and policies, including privacy and data gathering
practices, of any website to which you navigate from the Site or relating to
any applications you use or install from the Site. Any purchases you make
through Third-Party Websites will be through other websites and from other
companies, and we take no responsibility whatsoever in relation to such
purchases which are exclusively between you and the applicable third party. You
agree and acknowledge that we do not endorse the products or services offered
on Third-Party Websites and you shall hold us harmless from any harm caused by
your purchase of such products or services. Additionally, you shall hold us
harmless from any losses sustained by you or harm caused to you relating to or
resulting in any Third-Party Content or any contact with Third-Party Websites.
Additionally, we may share your information with external websites to
promote and increase Buyer interest in a Seller’s business. Any sharing of your
information with an external website shall comply with our Privacy Policy.
Our Company will post your business listing on our partners' website /
external website such as Zoopla.co.uk; Gumtree.co.uk; as well as any company or
business partner that may show interest in the business listing.
SOCIAL
MEDIA
As part of the functionality of the Site, you may link your account with
online accounts you have with third-party service providers (each such account,
a “Third-Party Account”) by either:
(1) Providing
your Third-Party Account login information through the Site; or
(2) Allowing us
to access your Third-Party Account, as is permitted under the application terms
and conditions that govern your use of each Third-Party Account. You represent
and warrant that you are entitled to disclose your Third-Party Account login
information to us and/or grant us access to your Third-Party Account, without
breach by you of any of the terms and conditions that govern your use of the
applicable Third-Party Account, and without obligating us to pay any fees or
making us subject to any usage limitations imposed by the third-party service
provider of the Third-Party Account. By granting us access to any Third-Party
Accounts, you understand that
(3) we may
access, make available, and store (if applicable) any content that you have
provided to and stored in your Third-Party Account (the “Social Network
Content”) so that it is available on and through the Site via your account,
including without limitation any friend lists and
(4) We may
submit to and receive from your Third-Party Account additional information to
the extent you are notified when you link your account with the Third-Party
Account. Depending on the Third-Party Accounts you choose and subject to the
privacy settings that you have set in such Third-Party Accounts, personally
identifiable information that you post to your Third-Party Accounts may be
available on and through your account on the Site. Please note that if a
Third-Party Account or associated service becomes unavailable or our access to
such Third-Party Account is terminated by the third-party service provider,
then Social Network Content may no longer be available on and through the Site.
You will have the ability to disable the connection between your account on the
Site and your Third-Party Accounts at any time.
PLEASE NOTE THAT
YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCATED WITH YOUR
THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH
THIRD-PARTY SERVICE PROVIDERS.
We make no
effort to review any Social Network Content for any purpose, including but not
limited to, for accuracy, legality, or non-infringement, and we are not
responsible for any Social Network Content. You acknowledge and agree that we
may access your email address book associated with a Third-Party Account and
your contacts list stored on your mobile device or tablet computer solely for
purposes of identifying and informing you of those contacts who have also
registered to use the Site. You can deactivate the connection between the Site
and your Third-Party Account by contacting us using the contact information
below or through your account settings, if applicable. We will attempt to
delete any information stored on our servers that was obtained through such
Third-Party Account, except the username and profile picture that become
associated with your account.
SITE
MANAGEMENT
We reserve the right, but not the obligation, and in our sole discretion
and without limitation, to:
(1) Monitor the
Site for violations of these Terms;
(2) Take
appropriate legal action against anyone who violates the law or these Terms of
use, including without limitation, reporting such user to law enforcement
authorities;
(3) Refuse,
restrict access to, limit the availability of, or disable any of your
Contributions, or any portion thereof;
(4) Remove from
the Site or otherwise disable all files and content that are excessive in size
or are in any way burdensome to our system; and
(5) Otherwise
manage the Site in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Site.
PRIVACY
POLICY
By using the Site, you agree to be bound by our Privacy Policy, which is
incorporated in to these Terms. Please be advised the Site is hosted in the
United Kingdom. If you access the Site from Asia, the United States, another
European Union country, or any other region of the world with laws or other
requirements governing personal data collection, use, or disclosure that differ
from applicable laws in the United Kingdom, then through your continued use of
the Site, you are transferring your data to the United Kingdom, and you
expressly consent to have your data transferred to and processed in the United
Kingdom.
REQUIRED
ADVERT APPROVAL BY ADMINISTRATOR
Once the seller posts any adverts, please allow one to three working
days for listing approval by our Administrative team before the listing is
posted. Our Company reserves the right to cancel, amend or delete any adverts
which are not suitable or do not comply with our Terms and Conditions. If the
advert requires changes, we will request the Seller amend the advert and
resubmit for administrative approval. Please follow our guidelines to prevent
unnecessary delays in the listing and publishing of adverts.
REQUIRED
ADVERT APPROVAL BY ADMINISTRATOR
These Terms shall remain in full force and effect while you use the
Site. without limiting any other provision of these terms, we reserve the
right to, in our sole discretion and without notice or liability, deny access
to and use of the site (including blocking certain ip addresses), to any person
for any reason or for no reason, including without limitation, for breach of
any representation, warranty, or covenant contained in these terms or any
applicable law or regulation. We may terminate your use or participation in the
site or delete your account and any content or information that you posted at
any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your name, a fake
or borrowed name, or the name of any third party, even if you may be acting on
behalf of the third party. In addition to terminating or suspending your
account, we reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive relief.
MODIFICATIONS,
INTERRUPTIONS, AND CORRECTIONS
We reserve the right to change, modify, or remove the contents of the
Site at any time or for any reason at our sole discretion without notice.
However, we have no obligation to update any information on our Site. We also
reserve the right to modify or discontinue all or part of the Site without
notice at any time. We will not be liable to you or any third party for any
modification, change, suspension, or discontinuance of the Site.
We cannot guarantee the site will be available at all times. We may
experience hardware, software, or other problems or need to perform maintenance
related to the Site, resulting in interruptions, delays, or errors. We reserve
the right to change, revise, update, suspend, discontinue, or otherwise modify
the Site at any time or for any reason without notice to you. You agree that we
have no liability whatsoever for any loss, damage, or inconvenience caused by
your inability to access or use the Site during any downtime or discontinuance
of the Site. Nothing in these Terms will be construed to obligate us to
maintain and support the Site or to supply any corrections, updates, or
releases in connection therewith.
There may be information on the Site that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability, and
various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the Site
at any time, without prior notice.
GOVERNING
LAW
These Terms and your use of the Site are governed by and construed in
accordance with English Law and the Courts of England and Wales, without regard
to its conflict of law principles. Each of the parties to these Terms
irrevocably agrees that the courts of England and Wales shall have exclusive
jurisdiction to hear and decide any claim, action, suit, or proceeding, and/or
settle any dispute, which may arise out of or in connection with these Terms or
its formation or validity.
DISPUTE
RESOLUTION
Any dispute arising in connection with these Terms shall be settled in a
professional and business-like manner. In the event a dispute cannot be
resolved, the dispute shall be subject to mediation, with the parties equally
sharing the costs of mediation and choice of mediator located in London, England.
The prevailing party shall be entitled to reimbursement of legal fees and
costs.
To the extent the dispute cannot, in good faith, be resolved through
mediation, the parties may agree to resolve their dispute with the Property
Redress Scheme. The prevailing party shall be entitled to reimbursement of
legal fees and costs.
The filing of an action in court for the purpose of obtaining any of the
following shall not be a violation of the obligation to mediate or appear
before the Advisory Board of the Property Redress Scheme: writ of attachment,
temporary restraining order, preliminary injunction, or other provisional
remedies.
DISCLAIMER
The site is provided on an as-is and as-available basis.
You agree that your use of the site and our services will be at your sole risk.
To the fullest extent permitted by law, we disclaim all warranties, express or
implied, in connection with the site and your use thereof, including without
limitation, the implied warranties of merchantability, fitness for a particular
purpose, and non-infringement. We make no warranties or representations about
the accuracy or completeness of the site’s content or the content of any websites
linked to the site and we will assume no liability or responsibility for
any
(1) Errors,
mistakes, or inaccuracies of content and materials,
(2) Personal
injury or property damage, of any nature whatsoever, resulting from your access
to any use of the site;
(3) Any
unauthorized access to or use of our secure servers and/or any and all personal
information and/or financial information stored therein;
(4) Any
interruption or cessation of transmission to or from the site;
(5) Any bugs,
viruses, trojan horses, or other links which may be transmitted to or through
the site by any third party, and/or
(6) Any errors
or omissions in any content and materials or for any loss or damage of any kind
incurred as a result of the use of or any content posted, transmitted, or
otherwise made available via the site. We do not warrant, endorse, guarantee,
or assume responsibility for any product or service advertised or offered by a
third party through the site, any hyper-linked website, or any website or
mobile application featured in any banner or other advertising, and we will not
be a party to or in any way be responsible for monitoring any transaction
between you and any third-party providers of products or services.
LIMITATIONS
OF LIABILITY
In no event will we or our directors, employees, or
representatives be liable to you or any third party for any direct, indirect,
consequential, exemplary, incidental, special, or punitive damages, including
lost profit, lost revenue, loss of data, or other damages arising from your use
of the site, even if we have been advised of the possibility of such damages.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, representatives,
directors, partners, and employees, from and against any loss, damage,
liability, claim, or demand, including reasonable attorneys’ fees and expenses,
made by any third party due to or arising out of:
(1) Your
Contributions;
(2) Your use of
the Site;
(3) Breach of
these Terms;
(4) Any breach
of your representations and warranties set forth in these Terms;
(5) Your
violation of the rights of a third party, including but not limited to
intellectual property rights; or
(5) Any overt
harmful act toward any other user of the Site with whom you connected via the
Site.
Notwithstanding
the foregoing, we reserve the right, at your expense, to assume the exclusive defence
and control of any matter for which you are required to indemnify us, and you
agree to cooperate, at your expense, with our defence of such claims. We will
use reasonable efforts to notify you of any such claim, action, or proceeding
which is subject to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Site for the
purpose of managing the performance of the Site, as well as data relating to
your use of the Site. Although we perform regular routine backups of data, you are
solely responsible for all data that you transmit or that relates to any
activity you have undertaken using the Site. You agree that we shall have no
liability to you for any loss or corruption of any such data, and you hereby
waive any right of action against us arising from any such loss or corruption
of such data.
ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms
constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and
other communications we provide to you electronically, via email and on the
Site, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE
TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND
TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS
NITIATED OR COMPLETED BY US OR VIA THE SITE.
You hereby waive
any rights or requirements under any statutes, regulations, rules, ordinances,
or other laws in any jurisdiction which require an original signature or
delivery or retention of non-electronic records, or to payments or the granting
of credits by any means other than electronic means.
MISCELLANEOUS
These Terms and any policies or operating rules posted by us on the Site
or in respect to the Site constitute the entire agreement and understanding
between you and us. Our failure to exercise or enforce any right or provision
of these Terms shall not operate as a waiver of such right or provision. These
Terms operate the fullest extent permissible by law. We may assign any or all
of our rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act caused by
any cause beyond our reasonable control. If any provision or part of a
provision of these Terms is determined to be unlawful, void, or unenforceable,
that provision or part of the provision is deemed severable from these Terms
and does not affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership, employment, or agency
relationship created between you and us as a result of these Terms or use of
the Site. You agree that these Terms will not be construed against us by virtue
of having drafted them. You hereby waive any and all defences you may have
based on the electronic form of these Terms and the lack of signing by the
parties hereto to execute these Terms.
CONTACT
US
In order
to resolve a complaint regarding the Site or to receive further information
regarding use of the Site, please contact us at:
71-75 Shelton Street,
London,
United
Kingdom.
WC2H
9JQ
Tel:
02033023040
[email protected]