Terms & Conditions

BACKGROUND:

This agreement applies as between you, the User of this Website and Property 192 Ltd, the owner(s) of this Website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

 “Account”  means collectively the personal/identifying information and credentials used by Users to access parts of the Website and to create User Reviews and Listings;

“Content”  means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

“Administrator Review”  means a review posted on the website by Property 192 Ltd or one of our employees or associates;

“Listing”  means a directory listing posted on the Website by a User which shall provide details of that User’s business including, but not limited to, contact details;

“Listed Business”  means any business which features in a Listing;

“Property 192 Ltd”  means Property 192 Ltd of Sovereign House, The Street, Coney Weston, Suffolk IP31 1HG;

“Reviewer”  means a User that wishes to or has posted a Review on the Website;

“Service”  means collectively any online facilities, tools, services or information that Property 192 Ltd makes available through the Website either now or in the future;

“System”  means any online communications infrastructure that Property 192 Ltd makes available through the Website either now or in the future. This includes, but is not limited to, User Reviews, Listings, email addresses and online forms;

“User” / “Users”  means any third party that accesses the Website and is not employed by Property 192 Ltd and acting in the course of their employment;

“User Review”  means a review posted on the Website by a Reviewer; and

“Website”  means the website that you are currently using (www.property192.com) and any sub-domains of this site (e.g. www.property192.com/purchasing) unless expressly excluded by their own terms and conditions.

2. Intellectual Property

2.1  Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Website, unless contained in Listings or User Reviews or unloaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Property 192 Ltd, or our affiliates. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

2.2  You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website as specified in Clause 4 of these Terms and Conditions and for personal or educational purposes only unless otherwise indicated on the Website or unless given express written permission to do so by Property 192 Ltd. Specifically you agree that:

2.2.1  You will not use the Content of the Website for commercial purposes;

2.2.2  You will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Property 192 Ltd.

2.2.3  You may, as a student of a recognised Learning Establishment, use the Content of the Website for educational purposes provided an appropriate reference is given for all Content so applied using a suitable referencing system of your choice or as stipulated by your Learning Establishment;

2.2.4  Employees of Learning Establishments may use the Content of the Website for teaching purposes subject to the following conditions:

a) No further consent is required for use in not-for-profit Learning Establishments. This may include, but is not limited to, schools that charge no fees for tuition; and

b) For use in profit-making Learning Establishments, prior written consent is required. This may include, but is not limited to, private schools charging fees, universities and adult education providers.

3. Third Party Intellectual Property

3.1  The Intellectual Property Rights subsisting in the Content of User Reviews belong to the Reviewers who posted those User Reviews unless it is expressly stated otherwise.

3.2  The Intellectual Property Rights subsisting in the Content of Listings belong to the Listed Businesses to which those Listings pertain unless it is expressly stated otherwise.

3.3  Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties.

3.4  The Content described in this Clause 3, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Website. The exceptions in Clause 4 continue to apply.

3.5  Such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.

4. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

5. Links to Other Websites

This Website may contain links to other websites including but not limited to Listed Businesses. Unless expressly stated, these sites are not under the control of Property 192 Ltd or that of our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

6. Links to this Website

6.1  Subject to the provisions of sub-Clause 6.2, those wishing to place a link to this Website on other sites may do so only to the home page of the site www.property192.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Property 192 Ltd. To find out more please contact us.

6.2  Listed Businesses and their associates may place deep-links to their Listings on the Website.

7. Posting Reviews on the Website

7.1  When posting a User Review on the Website you should do so in accordance with the following rules:

7.1.1 You must not use obscene or vulgar language;

7.1.2 Your User Review may not contain Content that is unlawful or otherwise objectionable (including that which may be in breach of rules, regulations or legislation specific to the product or service you are reviewing). This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

7.1.3 Your User Review may not contain Content that is intended to promote or incite violence;

7.1.4 Your User Review should be honest and fair, should not make any unsubstantiated or unsupportable claims, and should not make dishonest or unreasonable comparisons with other products or services or with other User Reviews and/or Administrator reviews;

7.1.5 User Reviews must be made using the English language. Content in any other language may be removed at our sole discretion;

7.1.6 Your User Review may not infringe the intellectual property rights of any third party including, but not limited to, copyright and trade marks;

7.1.7 You must not post links to other Websites containing any of the above types of Content;

7.1.8 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;

7.1.9 Your User Review must be placed into the appropriate category;

7.1.10 You must not impersonate other people or businesses;

7.1.11 You must disclose any professional or trade relationship between you and the products or services detailed in your User Review;

7.1.12 You must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and

7.1.13 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

7.2  Property 192 Ltd does not screen or pre-approve any User Review posted to the website, however on notification from Users or own our own initiative we may examine User Reviews and such User Reviews may be edited and/or removed from the Website.

7.3  Property 192 Ltd may edit your User Review to comply with the provisions of sub-Clause 7.1 without prior consultation. In cases of severe breaches of the provisions of sub-Clause 7.1, your User Review may be removed and your Account may be suspended or terminated. You will not be informed in writing of the reasons for any such alterations or removals.

7.4  In order to post a User Review, you are required to submit certain personal details and/or business details. By continuing to use this Website you represent and warrant that:

7.4.1  Any information you submit is accurate and truthful; and

7.4.2  You will keep this information accurate and up-to-date.

7.5  By posting a User Review you warrant and represent that you are the author of that User Review or that you have acquired all of the appropriate rights and / or permissions to post it. Property 192 Ltd accepts no responsibility or liability for any infringement of third party rights by such User Reviews or Content. Further, you waive all moral rights in the User Review to be named as its author and grant Property 192 Ltd a perpetual licence to modify the Content as necessary for its inclusion on the Website.

7.6  Property 192 Ltd will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such User Reviews or Administrator Reviews, nor for any errors or omissions in such reviews. Use of and reliance upon User Reviews and Administrator Reviews is entirely at your own risk.

7.7  Nothing in these Terms and Conditions shall grant Property 192 Ltd any rights in or to any trade marks or any other intellectual property rights contained within your User Review or any part of it save for the right to display the same on the Website as part of your User Review until you or Property 192 Ltd choose to remove that User Review.

7.8  You acknowledge that Property 192 Ltd may retain copies of any and all communications, information, Content and User Reviews sent to us or submitted to the Website.

8. Listing on the Website

8.1  When submitting a Listing to the Website you should do so in accordance with the following rules:

8.1.1  You must not use obscene or vulgar language;

8.1.2  Your Listing may not contain Content that is unlawful or otherwise objectionable (including that which may be in breach of rules, regulations or legislation specific to your business or industry). This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

8.1.3  Your Listing may not contain Content that is intended to promote or incite violence;

8.1.4  Your Listing should be honest and fair, should not make any unsubstantiated or unsupportable claims, and should not make dishonest or unreasonable comparisons with other businesses;

8.1.5  Listings must be made using the English language. Content in any other language may be removed at our sole discretion;

8.1.6 Your Listing may not infringe the intellectual property rights of any third party including, but not limited to, copyright and trade marks;

8.1.7 You must not post links to other Websites containing any of the above types of Content;

8.1.8 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;

8.1.9  Your Listing must be placed into the appropriate category;

8.1.10  You must not impersonate other people or businesses;

8.1.11  You must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and

8.1.12  You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

8.2  Property 192 Ltd does not screen or pre-approve any Listing submitted to the website, however on notification from Users or on our own initiative we may examine Listings and such Listings may be edited and/or removed from the Website.

8.3  Property 192 Ltd may edit your Listing to comply with the provisions of sub-Clause 8.1 without prior consultation. In cases of severe breaches of the provisions of sub-Clause 8.1, your Listing may be removed and your Account may be suspended or terminated. You will not be informed in writing of the reasons for any such alterations or removals.

8.4  In order to submit a Listing, you are required to submit certain personal details and/or business details. By continuing to use this Website you represent and warrant that:

8.4.1  Any information you submit is accurate and truthful; and

8.4.2  You will keep this information accurate and up-to-date.

8.5  By submitting a Listing you warrant and represent that you are the author of that Listing or that you have acquired all of the appropriate rights and / or permissions to submit it. Property 192 Ltd accepts no responsibility or liability for any infringement of third party rights by such Listings or Content. Further, you waive all moral rights in the Listing to be named as its author and grant Property 192 Ltd a perpetual licence to modify the Content as necessary for its inclusion on the Website.

8.6  Property 192 Ltd will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Listings, nor for any errors or omissions in Listings. Use of and reliance upon Listings is entirely at your own risk.

8.7  Nothing in these Terms and Conditions shall grant Property 192 Ltd any rights in or to any trade marks or any other intellectual property rights contained within your Listing or any part of it save for the right to display the same on the Website as part of your Listing until you or Property 192 Ltd choose to remove that Listing.

8.8  You acknowledge that Property 192 Ltd may retain copies of any and all communications, information, Content and Listings sent to us or submitted to the Website.

9. Use of Communications Facilities and Content Submission

9.1  When using the forums, message boards, chat and / or any other System and when submitting Content to the Website you should do so in accordance with the following rules:

9.1.1  You must not use obscene or vulgar language;

9.1.2  You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

9.1.3  You must not submit Content that is intended to promote or incite violence;

9.1.4  You must be be honest and fair, should not make any unsubstantiated or unsupportable claims, and should not make dishonest or unreasonable comparisons with other people or businesses;

9.1.5  It is advised that posts on forums, message boards, chat facilities or similar and communications with Property 192 Ltd are made using the English language as we may be unable to respond to enquiries submitted in any other languages;

9.1.6  Content submissions are required to be made using the English languages. Content in any other language may be removed at our sole discretion;

9.1.7  You must not infringe the intellectual property rights of any third party including, but not limited to, copyright and trade marks;

9.1.8  You must not post links to other Websites containing any of the above types of Content;

9.1.9  The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;

9.1.10  You must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;

9.1.11  You must not impersonate other people, particularly employees and representatives of Property 192 Ltd or our affiliates;

9.1.12  You must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and

9.1.13 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

9.2  You acknowledge that Property 192 Ltd reserves the right to monitor any and all communications made to us or using our System.

9.3  In order to use the forums, message boards, chat and / or any other System and any other communication facility that may be added in the future or to submit Content, you are required to submit certain personal details. By continuing to use this Website you represent and warrant that:

9.3.1  any information you submit is accurate and truthful; and

9.3.2  you will keep this information accurate and up-to-date.

9.4  By submitting Content you warrant and represent that you are the author of such Content or that you have acquired all of the appropriate rights and / or permissions to use the Content in this fashion. Property 192 Ltd accepts no responsibility or liability for any infringement of third party rights by such Content. Further, you waive all moral rights in the Content to be named as its author and grant Property 192 Ltd a perpetual licence to modify the Content as necessary for its inclusion on the Website. Property 192 Ltd accepts no responsibility or liability for any infringement of third party rights by such Content.

9.5  Property 192 Ltd will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Content, nor for any errors or omissions in the Content. Use of and reliance upon such Content is entirely at your own risk.

9.6  Unless a User informs Property 192 Ltd otherwise, in advance of posting, in writing, and Property 192 Ltd agrees to any terms or restrictions, all Content submitted is for publication on the Website and other such uses as Property 192 Ltd may deem appropriate under a royalty-free, perpetual basis.

9.7  Content submitted by Users is not screened by Property 192 Ltd prior to appearing online. We retain the right to exercise our sole discretion to remove or relocate any Content as we deem appropriate without the consent of the author. We shall be under no obligation to exercise such discretion. If you wish to enquire as to the removal of Content, please submit your query to Property 192 Ltd. This does not constitute an undertaking to explain our actions.

9.8  You acknowledge that Property 192 Ltd may retain copies of any and all communications made to us or using our System.

10. Termination and/or Suspension

In the event that any of the provisions of sub-Clause 7.1, 8.1 and 9.1 above, are not followed, Property 192 Ltd reserves the right to suspend or terminate your access to the Service. Any Users banned in this way must not attempt to use the Website under any other name or by using the access credentials of another User, with or without the permission of that User.

11. Privacy

Use of the Website is also governed by our Privacy Policy [www.property192.com/privacy-policy] which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.

12. Disclaimers

12.1  Property 192 Ltd makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.

12.2  Save for the screening and approval of Listings and User Reviews Property 192 Ltd has neither control over, nor involvement in, any Listed Business, User Reviews or the products or services referred to therein and accepts no responsibility for any actions taken or goods and services provided by any Listed Business, Reviewers or Users.

12.3  The opinions expressed in User Reviews and Administrator Reviews are those of the authors of those reviews and do not represent the opinions of Property 192 Ltd.

12.4  Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, Property 192 Ltd makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.

12.5  No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

12.6  The information on this Website is not designed with commercial purposes in mind and is prohibited under clause 2.2.1.   Property 192 Ltd makes no representation or warranty that any part of this Website is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.

12.7  Whilst every effort has been made to ensure that all descriptions of services available from Property 192 Ltd correspond to the actual services available, Property 192 Ltd is not responsible for any variations from these descriptions.

12.8  Whilst Property 192 Ltd uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

13. Availability of the Website and Modifications

13.1  The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

13.2  Property 192 Ltd accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

13.3  Property 192 Ltd reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

14. Limitation of Liability

14.1  To the maximum extent permitted by law, Property 192 Ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.

14.2  Nothing in these terms and conditions excludes or restricts Property 192 Ltd’s liability for death or personal injury resulting from any negligence or fraud on the part of Property 192 Ltd.

14.3  Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

15. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

16. Changes to Terms and Conditions

16.1  Property 192 Ltd reserves the right to change these Terms and Conditions as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the Policy on your first use of the Website following the alterations.

16.2  In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

17. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Property 192 Ltd.

18. Communications

18.1  All notices / communications shall be given to us either by post to our Premises (see address above) or by email to info@property192.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

18.2  Property 192 Ltd may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the “unsubscribe” link in the email or contact Property 192 Ltd.

19. Law and Jurisdiction

These terms and conditions and the relationship between you and Property 192 Ltd shall be governed by and construed in accordance with the Law of England and Wales and Property 192 Ltd and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.