WEBSITE TERMS AND CONDITIONS
Our Acceptable Use Policy https://www.landorproperty.com/acceptableuse, which sets out the permitted uses and prohibited uses of our Website. When using our Website, you must comply with this Acceptable Use Policy.
"Administrator" “We” “Us” “Our” means LandOrProperty.com Limited a company registered in England and Wales with the Company No. 8467088 whose registered office is at Granville House, 2 Tettenhall Road, Wolverhampton, West Midlands, WV1 4SB, UK;
"General Use" means any general use of the Website including but not limited to searching for and viewing information regarding land and properties for sale or lease and registering or amending a Logon;
"Listing" means information appearing on the Website relating to a single Vendor Property;
"Logon" means any email address, name, username, address and password and other information requested and accepted by the Administrator from time to time which enables a User to have access to certain elements of the Website from time to time made available to the User;
"Purchaser" means a User using the Website for General Use;
"Services" means the promotional services to be provided by the Administrator as more particularly set out on the Website;
"Submission" means any information that you submit to appear on the Website including in relation to Services requested from the Administrator, information contained in any Listing or any attempt to contact other Users either via the Website or using information obtained from the Website;
"User" means you or any person who uses the Website be it as a visitor, Purchaser or a Vendor.
"Vendor" means a person using the Services provided via the Website to try to lease or sell a Vendor Property;
"Vendor Material" means all data, pictures, text and other information and material provided by Vendor to the Administrator and the intellectual property rights contained therein;
"Vendor Property" means a piece of land or property offered for lease or sale by a Vendor;
"Vendor Use" means use of the Services provided by the Administrator.
2. The Administrator
2.1 The Website is owned and managed by the Administrator. All information supplied on the Website is managed by the Administrator.
2.2 The Administrator can be contacted by writing to LandOrProperty.com Ltd at Granville House, 2 Tettenhall Road, Wolverhampton, WV1 4SB, United Kingdom or by email at firstname.lastname@example.org
3. Use of the Website
3.1 By using the Website or any aspect thereof, including the Services, you warrant that you have the right, authority and capacity to enter into and be bound by these Terms and that you agree to be bound by these Terms forthwith.
3.2 In the event that the Administrator, in its sole discretion, considers that you are making any illegal and/or unauthorised use of the Website, and/or your use of the Website is in breach of these Terms, the Administrator reserves the right to take any action that it deems necessary, including terminating without notice your use of the Website and, in the case of illegal use, instigating legal proceedings.
3.3 We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of the Website for business and operational reasons, including but not limited to suspension for repairs, planned maintenance or upgrades. We will try to give you reasonable notice of any suspension or withdrawal. and shall not be liable to you for any loss caused (whether direct or indirect) as a result of such suspension.
3.5 The Administrator reserves the right to make any changes to the Website from time to time to reflect changes to our Services, our Users' needs and our business priorities or to discontinue any aspect or feature of the Website. We will try to give you reasonable notice of any major changes.
3.6 We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own up to date virus protection software. You must not misuse our Website 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 Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website 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 Website will cease immediately.
4. User Registration and Submissions
4.1 In order to access certain features of the Website, including contacting other Users, you will be required to register a Logon with the Administrator. You will only be able to use a Logon if you supply a valid email address when registering for such a Logon.
4.3 You agree to notify the Administrator immediately in writing in the event that you become aware or suspect there is a breach of security or any unauthorised use of your Logon setting out full details of the breach of security.
4.4 By registering such a Logon and accessing the Website, you warrant that you will not make any Submission that may reasonably be deemed to be offensive, illegal or inappropriate, for example any Submission that:
4.4.1 promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
4.4.2 harasses or advocates harassment of another person; displays pornographic or sexually explicit material;
4.4.3 that is or promotes any conduct that is abusive, threatening, obscene, defamatory or libellous;
4.4.4 promotes any illegal activities;
4.4.5 provides instructional information about illegal activities, including but not limited to violating someone else's privacy or providing or creating computer viruses;
4.4.6 promotes information that you know to be false or misleading; infringes any rights of any third party, including by displaying photographs of individuals without their express consent.
4.5 You further warrant that you will not:
4.5.1 select or use a Logon with the intent of impersonating another person;
4.5.2 allow any other person to use a Logon that you have registered;
4.5.3 create multiple Logons;
4.5.4 list any duplicates of the same property in your Listings;
4.5.5 Use the Website or information contained therein to send 'spam' communications to any other person or organisation including but not limited to other Users.
4.6 You acknowledge that making a Submission does not guarantee that such Submission, or any part thereof, shall appear on the Website, but agree that the Administrator may, at its sole discretion, choose to display any Submission or any part of a Submission that you make on the Website. Any content you upload to our Website (as part of a Submission, Listing or otherwise) will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content but hereby grant to Administrator and other Users of our Website a non-exclusive, perpetual, irrevocable, worldwide licence to use, store and copy that content and to distribute and make it available to third parties.
4.7 You warrant and represent that you own or are licensed to use the intellectual property rights in any Submissions that you make to the Website.
4.8 You hereby grant to the Administrator a worldwide, royalty free, non-exclusive, irrevocable licence to make your Submissions available to other Users of the Website and to edit, modify or delete your Submissions in the event that The Administrator deems it necessary to do so for whatever reason, including but not limited to failure to comply with these Terms.
5. Term and Termination
5.1 These Terms will remain in full force and effect while you are a User of the Website.
5.2 The Administrator may, at any time and for any reason, terminate these Terms with you, deny you access to the Website and delete any Logon.
5.3 In the event of termination of these Terms or deletion of your Logon for any reason, you must not attempt to use the Website.
5.4 Terms 6, 9 and 11 shall survive termination of these Terms for any reason, and shall be valid and enforceable against you.
6. Administrator Intellectual Property
6.1 Other than in relation to links to third party websites, the Administrator owns or has a licence to use all right, title and interest in and to the Website and the material published on it, including without limitation all copyright and any other intellectual property rights therein to which all rights are reserved. These Terms shall not be construed to convey title to or ownership of the Administrator intellectual property rights arising from the Website or the data contained therein to the User. All rights in and to the Website not expressly granted to User are reserved by the Administrator.
6.2 You are granted a non-transferable, non-exclusive, royalty-free, revocable licence to view the content of the Website.
6.3 You are expressly prohibited from:
6.3.1 reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website or the Administrator intellectual property rights contained therein; and
6.3.2 removing, modifying, altering or using any registered or unregistered Administrator intellectual property including but not limited to marks/logos owned by the Administrator, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of the Administrator or could be considered an infringement any of the intellectual property rights owned and/or licensed to the Administrator, without first obtaining the written permission of the Administrator (such permission may be withheld at the Administrators absolute discretion).
7. Provision of the Services
7.1 Using the Website is free of charge to view properties. To list unlimited properties there will be a charge. Such charge will be at the Administrator’s then current rates as amended from time to time. The User will be directed to pay such charge after they have registered for a Logon. This charge is non-refundable.
7.2 Subject to these Terms the Administrator shall provide the Services until the obligation to do so is terminated or suspended in accordance with these Terms.
7.3 Both parties acknowledge and agree that these Terms do not give rise to any exclusivity between the parties. Vendor may market, lease or sell its Vendor Properties to prospective purchasers through any other channels. The Administrator may market properties which directly compete with Vendor's Properties.
7.4 The Services performed shall be as set out on the Website, provided that all the required Vendor Materials have been submitted in the required form and in compliance with these Terms.
7.5 Services will be provided or made available until these Terms are terminated, howsoever arising.
7.6 For the avoidance of doubt, the Administrator has the right to edit or delete any Vendor Material that is to be displayed on the Website to ensure compliance with these Terms.
8. Vendor's obligations
8.1 The Vendor shall provide the Administrator, in the format required by the Administrator as detailed on the Website from time to time, with all information necessary to enable the Administrator to display a Listing on the Website in compliance with these Terms as requested via the Website.
8.2 All information contained in Vendor Materials in respect of Vendor Properties provided to the Administrator by Vendor shall:
8.2.1 be accurate and up to date;
8.2.2 not infringe any third party rights, including, without limitation, any third party intellectual property rights;
8.2.3 not breach any statutory or regulatory requirement;
8.2.4 not be misleading or deceptive, or in any other way contravene applicable consumer legislation;
8.2.5 not be obscene or defamatory;
and all such information shall be updated as necessary and provided to the Administrator, without delay, to ensure that Vendor remains compliant with the terms of this clause.
8.3 Vendor hereby grants the Administrator a worldwide, non-exclusive, royalty-free, sub-licensable, transferable licence to use, edit, reproduce, distribute, prepare derivative works of, display, perform and modify the Vendor Material in connection with the Services provided by the Administrator and across different media (including to promote the Website or the Services) to the extent and for the duration deemed necessary by the Administrator to perform the Services.
8.4 Vendor agrees to monitor and respond to any legitimate questions asked by Purchasers about Vendor Properties promptly (and in any event within three (3) days of such question being asked) and to use their Logon at least once every three (3) months whilst any Listing is current. For the avoidance of doubt, if a Vendor is in breach of this term the Administrator shall be entitled to delete their Logon and any relevant Vendor Properties without any liability to the Vendor.
9. Warranties and Liabilities
9.1 If you are a business User: To the maximum extent permitted by law we exclude all implied conditions, warranties, representations or other terms that may apply to the Website or any content on it and shall 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 your use of, or inability to use, our Website; or use of or reliance on any content displayed on the Website. In particular, we will not be liable for loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation, or any indirect or consequential loss or damage.
9.2 If you are a consumer User: Please note we only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.3 We do not exclude or limit in any way 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.
9.4 Any content including any statements or information provided on or in connection with the Website by the Administrator are intended to be used for information purposes only and do not constitute advice. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date including as to the speed or the operation of the Website at any time. Such content must not be relied upon to assist in making or refraining from making a decision, or to assist in deciding on a course of action and we shall not be liable for any loss howsoever caused by such reliance. The user must obtain specific professional or specialist advice before doing anything on the basis of the content.
9.5 Notwithstanding the provisions of these Terms (and save as set out in clause 9.3) our maximum aggregate liability under, arising from or in connection with these Terms, whether arising in contract, tort (including negligence) or otherwise shall not exceed the amount paid by you to us, for the Services.
9.6 The Website, including any Submissions and Listings may include information and materials uploaded by other Users of the Website. Where the Website and any Submission or Listing made by any User includes views, opinions, advice and recommendations, these views, opinions, advice and recommendations are not endorsed by the Administrator and do not represent our views or values and to the maximum extent permitted by law, the Administrator shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of such views, opinions, advice and recommendations.
9.7 Whenever you make use of a feature that allows you to upload content to our Website, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy. You are solely responsible for securing and backing up your content.
9.8 You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. We have the right to remove any posting you make on our Website if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
9.9 To the maximum extent permitted by law, the Administrator expressly excludes liability for all statements, pre-contractual representations, warranties and obligations in connection with the Website or other third party websites, and the information provided therein.
9.10 Links to third party websites may appear on the Website. Such third party websites are provided for your information only and are not the responsibility of the Administrator. The Administrator accepts no responsibility for the availability, suitability, reliability, terms or content of such third party websites and does not have any control over the contents of those websites or resources and do not necessarily endorse the views expressed within them.
9.11 If you wish to complain about content uploaded by other Users, please contact the Administrator at email@example.com setting out full details of the nature of the complaint and the content it relates to.
9.12 In the event that you have a claim or right of action against any other User arising from that User's use of the Website, you agree to pursue such claim or action independently of and without any demands from the Administrator, and you release the Administrator from all claims, liability and damages arising from or in any way connected to such claim or action.
9.13 In the event that a claim or action is brought against the Administrator arising from your activities or use of the Website, including any breach by you of these Terms or complaints made by other parties against you, you agree to pay, hold harmless and defend the Administrator against such claim or action. You also agree to cooperate as fully as reasonably required in the defence of any claim and allow the Administrator to assume the exclusive defence and control of the matter.
10.2 The Administrator reserves the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you on our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
10.3 The Administrator reserves the right to gather information relating to use of the Website. By using the Website you consent to collection and use of this information by the Administrator and to the Administrator contacting you to provide you with newsletters and marketing information.
11.1 We recommend you print and keep a copy of these Terms, which along with the terms incorporated by reference herein form the entire agreement between you and the Administrator and supersede all previous communications, advertising, statements, agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, with respect to the Website.
11.2 The Administrator may alter or amend these Terms from time to time. Each time you wish to use our Website, please check these Terms to ensure you understand the Terms that apply at that time.
11.4 You shall comply with all foreign and local laws and regulations which apply to your use of the Website in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.
11.5 You agree that because of the unique nature of the Website and the Administrator's proprietary rights therein, a demonstrated breach of these Terms by you would irreparably harm the Administrator and monetary damages would be inadequate compensation. Therefore, you agree that the Administrator shall be entitled to preliminary and permanent injunctive relief, as determined by any court of competent jurisdiction to enforce the provisions of these Terms.
11.6 If any provision of these Terms is declared void, illegal, or unenforceable, the remainder of these Terms will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.
11.7 Any failure by any party to these Terms to enforce at any time any term or condition under these Terms will not be considered a waiver of that party's right thereafter to enforce each and every term and condition of these Terms.
11.8 Neither party will be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the non-performing party uses reasonable efforts to avoid or mitigate the effects of non-performance and continues performance hereunder with reasonable dispatch whenever such causes are removed.
11.9 Nothing in these Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against the Administrator and such third parties shall not be entitled to enforce any term of these Terms against the Administrator.
11.10 We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.