Propertuu Website Terms, Conditions and Notices
Welcome to the Propertuu website or mobile properties, including related applications (collectively, this "Website"). This Website is provided solely to assist customers and users in gathering property information, including a network based internet platform for gathering, receiving and exchanging property information between its users and to provide the facility to advertise, sell or display property for sale or rent, and further to advertise and/or review the services offered by professionals, contractors, traders and other third parties involved in the property business generally and for no other purposes.
The terms "we", "us", "our" and "Propertuu" refer to Propertuu Limited, and our corporate affiliates and websites (collectively, "Propertuu"). The term "you" refers to the customer visiting the Website and/or contributing content on this Website.
This Website is offered to you conditional upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the "Agreement"). By accessing or using this Website in any manner, you agree to be bound by the Agreement and represent that you have read and understood its terms. Please read the Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of these terms and conditions you are not authorized to use this Website.
We may change or otherwise modify the Agreement in the future in accordance with the Terms and Conditions herein, and you understand and agree that your continued access or use of this Website after such change signifies your acceptance of the updated or modified Agreement. We will note the date that revisions were last made to the Agreement at the bottom of this page, and any revisions will take effect upon posting. Be sure to return to this page periodically to review the most current version of the Agreement.
- Use of the website
As a condition of your use of this Website, you warrant that (i) all information supplied by you on this Website is true, accurate, current and complete, (ii) if you have a Propertuu account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you, (iii) you are 18 years of age or older in order to register for an account and contribute to our Website and (iv) you possess the legal authority to enter into this Agreement and to use this Website in accordance with all terms and conditions herein.
Propertuu does not knowingly collect the information of anyone under the age of 18. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
***Copying, transmission, reproduction, replication, posting or redistribution of the Website Content or any portion thereof is strictly prohibited without the prior written permission of Propertuu. To request permission, you may contact Propertuu as follows:
Director, Partnerships and Business Development
411 Midgeland Road
- Prohibited Activities
The content and information on this Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
- (i) use this Website or its contents for any commercial purpose;
- (ii) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- (iii) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
- (iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- (v) deep-link to any portion of this Website for any purpose without our express written permission;
- (vi) "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization; or
- (vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Propertuu in connection with the Website or the services.
- Reviews, comments and use of other interactive areas
We appreciate hearing from you. Please be aware that by submitting content to this Website by email, postings on this Website or otherwise, including any reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant Propertuu and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use the name that you submit in connection with such Submission. You acknowledge that Propertuu may choose to provide attribution of your comments or reviews at our discretion. You further grant Propertuu the right to pursue at law any person or entity that violates your or Propertuu’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
Propertuu does not edit or control the User Messages posted to or distributed on this Website including through any chat rooms, bulletin boards or other communications forums, and will not be in any way responsible or liable for such User Messages. Propertuu nevertheless reserves the right for any reason in its sole discretion to remove without notice any User Messages and/or Site Content.
This Website may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of experiences or other content, messages, materials or other items on this Website ("Interactive Areas"). If Propertuu provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Website any of the following:
- Any message, data, information, text, music, sound, photos, graphics, code or any other material ("Content") that is false, unlawful, misleading, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, or advocates harassment of another person, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Content that would constitute, encourage, promote or provide instructions for a conduct of an illegal activity, criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, state, national or international or providing or creating computer viruses;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Propertuu;
- Unsolicited promotions, mass mailings or "spamming", transmission of "junk mail", "chain letters", political campaigning, advertising, contests, raffles, or solicitations;
- Content containing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
- Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
- Content or links to content that, in the sole judgment of Propertuu, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or this Website, or (d) which may expose Propertuu or its affiliates or its users to any harm or liability of any type.
Propertuu takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Propertuu liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Propertuu is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although Propertuu has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Propertuu reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on this Website at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on this Website at your sole cost and expense.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Propertuu or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release Propertuu, and its licensees, successors and assigns, from any claims that you could otherwise assert against Propertuu by virtue of any such moral rights.
Any use of the Interactive Areas or other portions of this Website in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or this Website.
- Liability disclaimer
Please read this section carefully. This section limits Propertuu’s liability to you for issues that may arise in connection with your use of this website. If you do not understand the terms in this section or elsewhere in the agreement, please consult a lawyer for clarification before accessing or using this website.
The information, software, products, and services published on this website may include inaccuracies or errors, including reservation availability and pricing errors. Propertuu, its subsidiaries and corporate affiliates (collectively "Propertuu”) do not guarantee the accuracy of, and disclaim all liability for, any errors or other inaccuracies relating to the information and description of products displayed on this website.
Propertuu make no representations of any kind about the suitability of the information, software, products, and services contained on this website (site content) or any portion thereof for any purpose, and the inclusion or offering of any products or services on this website does not constitute any endorsement or recommendation of such products or services by Propertuu. All such information, software, products, and services are provided "as is" without warranty of any kind. Propertuu disclaim all warranties, conditions, or other terms of any kind that this website, any email sent from Propertuu, are free of viruses or other harmful components. To the maximum extent permitted under applicable law Propertuu hereby disclaims all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions or terms of any kind as to merchantability, fitness for a particular purpose, title, quiet possession and no infringement.
Propertuu also expressly disclaims any warranty, representation, or other term of any kind as to the accuracy or proprietary character of the site content.
Nothing in this agreement shall exclude or limit Propertuu’s liability for (i) death or personal injury caused by negligence; (ii) fraud; (iii) fraudulent misstatement (iv) deliberate breach or gross negligence (v) any other liability which cannot be excluded under applicable law.
Subject to the foregoing, you use this website at your own risk and in no event shall Propertuu (or their officers, directors and affiliates) be liable for any direct, indirect, punitive, incidental, special, or consequential losses or damages or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption of any type arising out of, or in any way connected with, your access to, display of or use of this website or with the delay or inability to access, display or use this website (including, but not limited to, your reliance upon reviews and opinions appearing on this website; any computer viruses, information, software, linked sites, products, and services obtained through this website; or otherwise arising out of the access to, display of or use of this website) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if Propertuu has been advised of the possibility of such damages.
These terms and conditions and foregoing liability disclaimer do not affect mandatory legal rights that cannot be excluded under applicable law.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit Propertuu
You agree to defend and indemnify Propertuu and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- (i) your breach of this Agreement or the documents referenced herein;
- (ii) your violation of any law or the rights of a third party; or
- (iii) your use of this Website.
- Links to third-party sites
This Website may contain hyperlinks to websites operated by parties other than Propertuu. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases you may be asked by a third party site to link your profile on Propertuu to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.
- Software available on this website
Unless otherwise specified, the materials on the websites are presented solely to provide information regarding and to promote Propertuu services, websites, partners and other products available, its territories, possessions and protectorates. The Propertuu websites are controlled and operated by Propertuu from its offices in the UK. Propertuu makes no representation that materials on the Propertuu websites are appropriate or available for use outside of the UK. Those who choose to access the Propertuu website from outside of the UK do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the Propertuu websites is further subject to UK export controls. No software from the Propertuu websites may be downloaded or otherwise exported
Any software that is made available to download from the Propertuu websites ("Software") is the copyrighted work of Propertuu, or Propertuu affiliates, or other third party software as identified. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, non-transferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.
Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. The software is warranted, if at all, only according to the terms of the license agreement.
- Copyright and Trademark Notices
All contents of this Website are: ©2017 Propertuu. All rights reserved. Propertuu is not responsible for content on websites operated by parties other than Propertuu. PROPERTUU, the property owl logo and all other product or service names or slogans displayed on this Website are registered and/or common law trademarks of Propertuu and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Propertuu or the applicable trademark holder. In addition, the look and feel of this Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Propertuu and may not be copied, imitated or used, in whole or in part, without the prior written permission of Propertuu. All other trademarks, registered trademarks, product names and company names or logos mentioned in this Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Propertuu.
- Notice and Take-Down Policy for illegal content
Propertuu operates on a "notice and takedown" basis. If you have any complaints or objections to material or content including User Messages posted on this Website, or if you believe that material or content posted on this Website infringes a copyright that you hold, please contact us immediately by following our notice and takedown procedure. Once this procedure has been followed Propertuu will make all reasonable endeavours to remove illegal content within a reasonable time.
Propertuu may change, add or delete these Terms and Conditions or any portion thereof from time to time in its sole discretion where it deems it necessary for legal, general regulatory and technical purposes, or due to changes in the services provided or nature or layout of the Website. Thereafter, you expressly agree to be bound by any such amended Terms and Conditions.
Propertuu may change, suspend or discontinue any aspect of the Propertuu service at any time, including availability of any feature, database or content. Propertuu may also impose limits on certain features and services or restrict your access to all or parts of the Website or any other Propertuu web site without notice or liability for technical or security reasons, to prevent against unauthorised access, loss of, or destruction of data or where we consider in our sole discretion that you are in breach of any provision of these Terms and Conditions or of any law or regulation and where it decides to discontinue providing a service.
Your continued use of Propertuu now, or following the posting of any such notice of any changes, will indicate acceptance by you of such modifications.
- General provisions
You agree that no joint venture, agency, partnership, or employment relationship exists between you and Propertuu and/or affiliates as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Propertuu with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Propertuu with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms and Conditions are available in the language of the Website. The specific Terms and Conditions under to which you signify your agreement will not be individually stored by Propertuu.
The Website may not always be updated on a periodic or regular basis and consequently is not required to register as editorial product under any relevant law.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
For answers to your questions visit our “contact us page”.
©2017 Propertuu Limited All rights reserved.
- ABOUT US
Propertuu.com (the Website) and the Propertuu App are owned and operated by Propertuu Limited (Propertuu). Propertuu is the data controller in respect of all personal data collected on this Website or the Propertuu app which means that we are responsible for ensuring that we do so in full compliance with the Data Protection Act 1998 and all other related privacy laws.
- LINKS TO OTHER WEBSITES
Please note, this Website and the Propertuu App contains links to other websites or materials. These links are provided for your convenience. We are only responsible for the privacy practices and security of this Website and the Propertuu App. We recommend that you check the privacy and security policies and procedures of each and every other website that you visit and app that you use.
BY JOINING PROPERTuu AND USING THIS WEBSITE AND/OR THE PropertUU APP AND GIVING PERSONAL INFORMATION TO US, YOU INDICATE THAT YOU CONSENT TO PROPERTUU COLLECTING AND USING YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THE TERMS SET OUT IN THIS POLICY
You must be 18 or over to register on our Website(s) or to use the Propertuu App.
We may make checks to verify your age if we have any reason to believe that you are under 18.
- THE INFORMATION WE COLLECT
In order to provide you with the services you require, Propertuu will obtain personal information about you from our Website, the Propertuu App, telephone conversations, emails, text messages and from written and verbal communications (including any submissions using social media). These will include, for example, your name, email address, mobile phone number, your location (region, county and district) and details that are relevant to the service(s) such as gender, Some of these are optional. If you choose to provide the optional information this will enable us to provide an enhanced service to you.
We may supplement the information that you provide with other information that we obtain from our dealings with you or which we receive from other organisations.
- INFORMATION ABOUT OTHER PEOPLE
If you provide information to us about any person other than yourself, you must ensure that they understand how their information will be used and that you are authorised to disclose it to us, and to consent to its use on their behalf, before doing so.
- IP ADDRESSES
In order to understand how and where users use our Website, the Propertuu App and our services, we may collect IP addresses.
In common with many other website and app operators, we may use standard technology called 'cookies' on this Website and our Propertuu App. Cookies are small pieces of information that are stored by your browser on the hard drive of the device you use and they are used to record how you navigate this Website or the Propertuu App on each visit.
You may get cookies (including Flash cookies) from Propertuu Partners if you click on their links or adverts. You should check their privacy and security policies to understand how they use these.
Most browsers automatically accept cookies, but you can usually change your browser to prevent cookies being stored. With experience, you can usually choose to switch off all cookies or to allow only certain ‘trusted’ sites to place cookies.
For further information on cookies and Flash cookies and how to switch them off see the Information Commissioner’s website at http://www.ico.org.uk or visit http://www.allaboutcookies.org or http://www.aboutcookies.org.
PLEASE NOTE, IF YOU DO TURN COOKIES OFF, THIS WILL LIMIT THE SERVICE THAT WE ARE ABLE TO PROVIDE TO YOU AND MAY AFFECT YOUR USER EXPERIENCE
HOW WE WILL USE YOUR INFORMATION
- for registration, membership and general administration (including verification, vetting, security checking)
- to provide the services you request from us
- to communicate with you in the event that any services requested are unavailable or if there is a query or problem with your requests
- for record keeping purposes
- to carry out market research so that we can improve the services we offer
- to track and analyse activity on our website
- to create an individual profile for you so that we can enhance your user experience, to understand and respect your preferences and to provide newsletters and details of relevant offers and opportunities where you have agreed to receive them
- DISCLOSING YOUR PERSONAL INFORMATION
- NEWSLETTERS, OFFERS AND OPPORTUNITIES
We would like to contact you and/or any person whose information you provide to us to provide newsletters and to tell you and/or them about offers and opportunities that are available from us and/or from our Propertuu partners and about a range of other initiatives in a number of ways, including by text message, personalised online message or by email. Details of how to opt-in to or opt-out of receiving details of offers are on relevant pages of this Website, on the Propertuu App or in the communications we send to you.
- SUBSCRIBE / UNSUBSCRIBE
You and any other person whose information you have provided to us can change your/their mind about whether you wish to receive details of offers and opportunities at any time by using any of the methods shown below (see the section "How to contact us" below) or by following the instructions with each offer you/they receive.
We take the security of personal information seriously. We employ security technology, including firewalls, and encryption to safeguard information and have procedures in place to ensure that our paper and computer systems and databases are protected against unauthorised disclosure, use, loss and damage.
We may monitor or record telephone calls for security purposes and to improve the quality of the services we provide to you.
- USE OF YOUR INFORMATION OUTSIDE THE EUROPEAN UNION
Privacy laws and practice are constantly developing and we aim to meet high standards. Our policies and procedures are, therefore, under regular review. We may, from time to time, update our security and privacy policies and suggest that you check this page periodically to review our latest policy.
- UPDATING AND CORRECTING
You may update or correct your personal information online in relevant membership areas or by contacting us in writing or by email (see the section "How to contact us" below). Please include your name and email address when you contact us as this helps us to ensure that we accept amendments only from the correct person. We encourage you to promptly update your personal information if it changes. If you are providing updates or corrections about another person, we may require you to provide us with proof that you are authorised to provide that information to us.
- YOUR RIGHTS TO ACCESS YOUR PERSONAL INFORMATION
You have the right to receive a copy of the personal information that we hold about you. The same right applies to any other person whose personal information you provide to us. We may charge a small fee towards the cost of administering any request made. The current fee is £10.00.