TERMS and CONDITIONS
For the use of the propertyfoyer.com website
By accessing this Site, propertyfoyer.com, and all its pages you agree to be bound by the most current version of these Terms and Conditions (T&C), which may change over time. If you do not agree to be bound by these terms, you must not use this Site.
1.1 References to ‘we’, ‘us; and ‘our’ are references to propertyfoyer.com, which is a site owned by Property Foyer (being the trading name of Simon Morrow et al, and henceforth referred to as ‘Property Foyer’).
2.2 References to ‘you’, ‘your’ and ‘yours’ are references to the person(s) accessing and/or using this site.
2.1 The properties section of this site currently provides a platform to estate and letting agents, property companies, other property platforms and developers to advertise their properties to let or for sale.
2.2 The advertisers input their advertisements (ads) themselves and these appear automatically on the site for public view.
2.3 Subsequently these ads may be edited and changed by the advertisers themselves using their secret passwords and unique ad ID numbers.
2.4 We do not routinely monitor the ads. We do however, reserve the right to refuse or delete postings that we believe are inappropriate.
3. YOUR OBLIGATIONS AND CONDUCT
By posting your ad on this site you agree as follows:
3.1 You will abide by the requirements of the Consumer Protection from Unfair Trading Regulations 2008 (CPRs) and the Business Protection from Misleading Marketing Regulations 2008 (BPRs).
3.2 You will abide by the requirements of all other laws relating to your work.
3.3 As estate agents or letting agents, you will conduct your communications and business with tenants or buyers with honesty, integrity and clarity.
3.4 You will not post or transmit any abusive, defamatory, indecent, obscene, threatening or unlawful information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.
3.5 You will not post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trade mark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder.
3.6 You will not post or transmit any material of any kind which contains a virus or other harmful component.
3.7 You will not download any file or image posted by any other user if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.
3.8 You agree that if you register but do not upload any properties we may, at our sole discretion, extract property data from your website and upload some or all of these under your name, brand and contact details to this site. The responsibility for updating, editing and deleting these property details will however rest with you.
4. CONSEQUENCES OF YOUR ACTIONS
4.1 You will be solely responsible for any information you submit and any consequences that may result from your postings.
4.2 You will hold Property Foyer harmless against all legal consequences of your postings.
4.3 If you commit any fraud or other offence, we may pass on your details and IP address to the aggrieved party, their agents, or to the appropriate law enforcement agencies.
5. DISCLAIMER OF LIABILITIES
5.1 The information contained on this website is for information purposes. Whilst every care has been taken in its preparation, we do not make any warranties nor representations as to its accuracy or reliability. We neither accept nor assume any liability in relation to the contents of these pages which should not be relied upon as accurate, nor construed as advice.
5.2 Since we only provide a platform for advertisers to advertise their properties themselves and for tenants and buyers to contact them directly, we do not get involved in the buying, selling, letting, renting process. Our service does not therefore fall under the Estate Agents Act 1979. We therefore accept no liabilities to any of the parties in any transaction, landlords, vendors, tenants or buyers. It is the duty of everyone to satisfy themselves about the accuracy of the information provided and to take appropriate legal and other professional advice.
5.3 In no event do we accept liability of any description for the posting of any abusive, defamatory, indecent, obscene, threatening or unlawful unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.
5.4 In no event do we accept liability of any description including liability for negligence (except for death or personal injury arising from our own negligence) for any damages whatsoever resulting from loss of use, data or profits arising out of or in connection with the viewing, use or performance of this website or its contents. The pages contained in this website may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept neither responsibility for keeping the information in these pages up to date nor liability for any failure to do so.
5.5 We do not accept any liability for loss of your password or advert ID caused by a breakdown, error, loss of power or otherwise caused by or to your computer system.
5.6 We shall not be liable to you for any indirect, consequential, special or punitive loss, damage, costs or expenses, for loss of profit, loss of business, loss of reputation, depletion of goodwill or loss of, damage or corruption of data.
5.7 We do not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected. You also understand that we cannot and do not guarantee or warrant that files available for downloading through the Site or delivered via electronic mail through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
It is our intention that listing of real estate properties by agents will be FREE. That is, it will be FREE to list properties and FREE to receive responses directly from the public. We intend to earn our revenues from ancilliary advertising, not from property listing. Should, in the unlikely event, this policy change in the future, it will only affect new agents joining after that date. It will not apply to existing agents, who will continue to benefit from free advertising. This is to put agents' mind at rest that they will not be used as a stalking horse with the promise of free property listing, only to be charged later once critical mass has been achieved.
7. EXTERNAL LINKS
7.1 We may provide links and pointers to Internet sites maintained by third parties. Such linked sites are not under our control and we are not responsible for the contents (including the accuracy, legality or decency) of any linked site or any link contained in a linked site. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked site. We are not responsible for the copyright compliance of any linked site.
8. DATA PROTECTION & PRIVACY
The copyright in the contents of all the pages in this web site are owned, purchased or derived from free sources by Property Foyer (which is a trading name of Simon Morrow).
If any term, condition, or provision of these terms and conditions is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby.
Use of this Website and these Terms shall be subject only to the laws and Courts of England and Wales.
These Terms and Conditions constitute the entire agreement between you and us.