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PRICE ON APPLICATION.COM LIMITED
TERMS OF USE
Please read the following terms and conditions carefully as they govern your use of www.priceonapplication.com (the “Site"):
1 GENERAL
1.1 priceonapplication.com is a trading name of Price On Application.com Limited.
1.2 Price on Application.com Limited (“we” or “us”) is a company incorporated and registered in England and Wales with registered number 6458243 and registered office at Haslers, Old Station Road, Loughton, Essex IG10 4PL. Our VAT number is.
1.3 These terms and conditions are deemed to include our privacy policy and are collectively known as the “Terms".
1.4 When you use the Site, you agree to be bound by the Terms. If you do not agree to be bound by the Terms, you may not use the Site.
1.5 You may print and keep a copy of the Terms. They are a legal agreement between Us and you, which can only be modified with our consent. We may change the Terms at our discretion by changing them on the Site. The then current version of the Terms will apply whenever you use the Site.
2. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
The copyright and all other intellectual property rights in the Site (including all database rights, trade marks, service marks, trading names, text, graphics, code, files and links) belong to Us or our licensor(s). Subject to clause 3, you may download material from the Site for the sole purpose of using the Site. However, you must not copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information on or downloaded from the Site without the prior written consent of Us.
3. CONDITIONS FOR USE OF THE SITE
3.1 You accept that you are solely responsible for ensuring that your computer system meets all relevant technical specification necessary to use the Site and that your computer system is compatible with the Site.
3.2 You must not misuse our system or the Site. In particular, you must not hack into, circumvent security or otherwise disrupt the operation of our system and the Site, or attempt to carry out any of the foregoing.
3.3 You must not use or attempt to use any automated program (including, without limitation, any spider or other web crawler) to access our system or the Site, or to search, display or obtain links to any part of the Site, other than the home page at www.priceonapplication.com.
3.4 You must not include links to the Site in any other website without our prior written consent. In particular (but without limiting the foregoing) you must not include in any other website any “deep link” to any page on the Site other than the home page at www.priceonapplication.com without our prior written consent.
4. REGISTERING WITH THE SITE
4.1 To receive details of properties on the Site, you must submit a completed registration form to us. At our discretion, we may refuse your application for registration. If we accept your application for registration, we will confirm this by sending you an email containing your registration details.
4.2 Each registration is for a single user only. You may not share your username and password with any other person nor with multiple users on a network.
4.3 You undertake that all information provided by you for the purposes of registering with us is accurate and complete.
4.4 You accept sole responsibility for all use of and for keeping secret any username and password that may have been given to you or chosen by you for use on the Site. You will notify us immediately of any unauthorised use of them or any other breach of security of the Site of which you become aware.
4.5 We reserve the right to restrict any users access to the Site, on a permanent or temporary basis at our sole discretion. Any such user shall be notified and must not then attempt to use the Site under any other name or through any other user.
5. WARRANTY
5.1 We do not provide any warranty that your access to or the running of the Site will not be interrupted or error free or that material downloaded from the Site will be free from infection, viruses and/or similar code.
5.2 The information provided on the Site is for general interest only and does not constitute specific advice. We make no warranties or representations as to the accuracy or completeness of any information provided on the Site.
5.3 We make no warranty or guarantee that the Site or information available over it complies with laws other than those of England and Wales.
6. EXCLUSION OF LIABILITY
6.1 Nothing in these Terms will be deemed to exclude our liability to you for death or personal injury arising from our negligence, or for fraudulent misrepresentation.
6.2 Subject to clause 6.1, we will not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control and we do not accept any liability for loss of your password or username caused by a breakdown, error, loss of power or otherwise caused by or to your computer system.
6.3 Subject to clause 6.1, we accept no liability for any loss suffered as a result of your use of the Site or reliance on any information provided on it and exclude such liability to the fullest extent permitted by law.
6.4 Subject to clauses 6.1 to 6.3 inclusive, we shall not be liable to you for any indirect, consequential, special or punitive loss, damage, costs and expenses, loss of profit; loss of business; loss of reputation, depletion of goodwill; or loss of, damage to or corruption of data.
7.
THIRD PARTY MATERIAL AND ADVERTISEMENTS
7.1 The Site may contain links to websites operated by third parties. We have no control over their individual content. We therefore make no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites. The links are for your convenience only. We do not recommend any products or services advertised on those websites. If you decide to access any third party website linked from the Site, you do so at your own risk.
7.2 The details of the properties available on the Site are provided to us by our affiliated estate agents for your information only. We cannot verify these details and therefore make no warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at your own risk.
7.3 When you using the Site to enquire about property, your details (including your email address) will be sent by email directly to the estate agent or developer marketing the property or properties that you are enquiring about. We do not accept any liability for any subsequent communications that you receive directly from that estate agent or developer.
7.4 In the event that you purchase or obtain any goods or services from a third party then acquisition of such goods or services will be in accordance with the third party’s terms and conditions and We will have no liability in respect of the same.
8. JURISDICTION
The laws of England and Wales shall apply to the Terms. You irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with the Terms and for those purposes irrevocably submit all disputes to the exclusive jurisdiction of the courts of England and Wales.
9. NOTICES
9.1 All notices shall be given:
9.1.1 to us, by email to info@priceonapplication.com or by post to Price on Application.com Limited, Haslers, Old Station Road, Loughton, Essex, IG10 4PL;
9.1.2 to you, by email to the email address that you provide to us at the point of your registration, as may be amended by you from time to time.
9.2 All notices sent by email will be deemed to have been received on receipt (or, when received on a UK national holiday or on a Saturday or a Sunday, the next working day following the day of receipt). All notice sent by post will be deemed to have been received 3 working days after the date of posting.
10. MISCELLANEOUS
10.1 We may from to time to time change the content of the Site or suspend or discontinue any aspect of the Site, which may include your access to it. Subject to our notifying you to the contrary, any amendments or new content to the Site will be subject to the Terms.
10.2 These Terms are the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance on any warranty or representation made by us (unless made fraudulently).
10.3 A waiver by a party of a breach of any provision shall not be deemed a continuing waiver or a waiver of any subsequent breach of the same or any other provisions. Failure or delay in exercising any right under these Terms shall not prevent the exercise of that or any other right.
10.4 If a court decides that any part of these Terms cannot be enforced, that particular part of these Terms will not apply, but the rest of these Terms will.
10.5 You may not assign or transfer any benefit, interest or obligation under these Terms.
10.6 The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.
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