These terms and conditions include general terms and conditions for use of this Site and terms and conditions relating to the sale and purchase of Services on the Site. Please read these terms and conditions carefully. Your use of the Site and the purchase of any Services on this Site will be subject to these terms and conditions.
IMPORTANT LIABILITY STATEMENT
ACCURACY OF INFORMATION: We are not responsible for the accuracy of the information or the content which is contained in the Sellers Advertisements. It is the Seller’s responsibility to ensure that all details relating to the Seller’s Advertisements are accurate and it is the responsibility of the person responding to the Sellers’ Advertisements to verify that it is satisfied with the accuracy of such details and to obtain all necessary information through independent authorities in relation to the Sellers’ Advertisements.
LIABILITY: Chainbow try to make sure that all information that it posts on this Site is correct, and we will use reasonable care and skill in providing Services to you. As long as we have done that, we do not accept any liability for any error or omission and exclude all liability for any action you may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on this Site (including any articles posted by a third party or a Seller) or provided through any Service supplied by us to you.
THE LAW: We are not allowed to exclude or limit liability for death or personal injury caused by our negligence, for fraud, that we will use reasonable care and skill in providing the Services, or for any other liability which may not by applicable law be excluded or limited and we do not do so.
In these terms and conditions, the following definitions apply:
“Advert, Seller’s Advert and Seller’s Advertisements” means the pictures, text and any other content which a Seller uploads onto the Site.
“Property” means the property which is the subject of the Advert which the Seller wishes to sell.
“Sellers” means any individuals who have subscribed to the Services and may advertise on this Site.
“Services” means any information and services ordered and/or provided by Chainbow through or via the Site and all services offered as part of the subscription.
2 USE OF THIS SITE GENERALLY
2.1 You may use the Site for personal and lawful use and in accordance with these terms and you are not allowed to copy or use any material from the Site for any commercial purpose other than as expressly set out in these Terms and Conditions.
2.2 The intellectual property rights in all contents of the Site and supplied as part of the Services, and in Chainbow’s brands trade marks and logos (“Materials”) are owned by Chainbow or its third party licensors. Except to the extent expressly set out in these Terms and Conditions, you are not allowed to make any copies of any part of any Materials, or remove or change anything on the Site, include or create links to or from the Site without our written authority, or remove or change any copyright, trade mark or other intellectual property right notices contained in any Materials or copies thereof. “Chainbow ®” and “Beyond Property Management ®” are registered trade marks or applications for registered trade marks owned by Chainbow. You must not use any of Chainbow’s brands, logos or marks without written licence.
2.3 We want our Site to be a safe, enjoyable place for all our users. Accordingly you will not post to or transmit through our Site any material that would violate or infringe in any way upon the rights of others. You shall not post or transmit:
(a) any threatening, harmful, menacing, racist, offensive, sexual, defamatory, obscene, pornographic material;
(b) any material infringing any intellectual property;
(c) anything to harass, stalk or threaten others;
(d) anything to misrepresent your identity or status; or
(e) any material, or do anything which violates local law or regulation, or would give rise to civil or criminal liability;
and you shall not:
(f) hack into the Site or any other related computer system, to make excessive traffic demands, deliver viruses or forward chain letters or similar material that may reasonably be expected to inhibit other users from using and enjoying the Site;
(g) upload or otherwise make available any material protected by a proprietary right, including but not limited to copyright and/or trade mark or other third party right without express written permission of the owner of such right; or
(h) do anything which may damage or destroy the reputation of Chainbow or any third party.
2.4 In respect of your Advert, you agree and warrant that:
- you have the legal right to sell your Property;
- that the Advert is not misleading in any way as to the nature, ownership, quality, location, value or other elements of the Property that you are selling;
- you either own, or have obtained any consents necessary to use any photographs in your Advert;
- that your use of this Site is not in contravention of any other contract that you may have entered into, including any contract with an Estate Agent for the sale of the Property;
- you are responsible for conducting any viewings with people who respond to your Advert;
- you will inform Chainbow immediately if you sell the Advertised Property; and
- you agree to grant us a worldwide, royalty free, perpetual, non-exclusive licence to use, display, reproduce, adapt, modify, publish, distribute, perform, promote, archive, translate your Adverts or do any other things as Chainbow deem reasonably necessary to operate and manage the Site.
2.5 Chainbow accepts no obligation to monitor the use of the Site. However, we reserve the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials (including Adverts), to block your access and to take such other action as may be reasonably necessary to prevent any breach of these Terms and Conditions or any breach of applicable law or regulation. Chainbow will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.
2.6 Chainbow may change the format and content of the Site from time to time. You should refresh your browser each time you visit the Site to ensure that you download the most up to date version of the Site.
3 YOUR PERSONAL INFORMATION
4.1 You are referred to the important liability statement at the top of these terms and conditions.
4.2 Making your experience at Site enjoyable means we need to fix bugs, install updates and do general diagnosis and maintenance of the Site from time to time. We will try to schedule maintenance during what we anticipate will be relatively low levels of online activity. We also need to be able to do emergency maintenance and/or suspend access to the servers where, using our reasonable discretion, we see the need to do that. That could be because there are attempts to get round our security measures, because there is a serious problem with the functioning of the Site or if we have a legal or regulatory issues with the Site or its content. We will try to have the Site available again as soon as we think it is safe to do so.
4.4 Subject to the important liability statement, Chainbow is not liable for failure to comply with these Terms and Conditions due to any event beyond its reasonable control, including, without limitation, the input of incorrect information by you.
5.1 As part of the Services offered via this Site, and depending upon which type of services you are being provided, you will either be asked to provide a password or you will be issued with an individual password which may be used to access the Site, Services and those pages whose access is restricted to members only. You must keep your password confidential at all times, and must not disclose the password or permit anyone else to use your password. Any breach of any of these terms by anyone to whom you disclose the password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these terms and conditions.
5.2 In the event of any failure or error in the operation of a password, you shall cease using the password and exit the Site immediately, and notify Chainbow of such failure or error. Also, you must cease to use and delete the password from any of your records.
5.3 Chainbow reserves the right to change your password and user name at any time in its sole discretion and you agree to notify Chainbow promptly of any changes to your registration details.
6 SUSPENSION AND TERMINATION OF SERVICE
6.1 Chainbow may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site from time to time. Access to or use of the Site or any sites or pages linked to it will be not necessarily be uninterrupted or error free.
6.2 Chainbow may terminate the Service immediately in the event you breach any of these Terms and Conditions or if you are late in paying or do not pay any sums due (including if the credit/debit card you use is not valid or does not work for another reason).
7 CONTRACT INFORMATION
7.1 Our invitation to you to order a subscription to the Chainbow Services is not an “offer” by us to sell you a subscription at the prices on the Site. Instead when you complete the registration form, you make an offer to us to buy a subscription, which we can accept or reject. The order is finalised (and a legal contract is created between us) when we send a confirmatory email accepting your order. If there is a mistake in the subscription pricing on the website then, when we receive your order we will email you and set out the correct price and give you the opportunity to request a subscription at that price or you may decide not to subscribe.
7.2 Once your order is finalised, you cannot cancel it before the end of the subscription period you have requested, unless our service is not in accordance with these Terms and Conditions and that entitles you under normal legal rules to terminate your order.
7.3 IMPORTANT: there is a law called the Consumer Protection (Distance Selling) Regulations 2000, which would normally allow you to cancel an Internet purchase (usually within seven days). However, you agree in this case that you will not be able to cancel your subscription in this way once you receive the confirmatory email from us.
7.4 If your Property is either sold (whether or not through Chainbow) or you request us to remove your Advert from the Site, the amounts you have paid under your subscription to the Services shall not be refunded.
8 PRICING AND AVAILABILITY OF INFORMATION AND SERVICES
8.1 Information displayed on the Site as to pricing and availability is subject to change by Chainbow without notice. Payment for the Services will be made via the Site in accordance with the procedure explained on the Site.
8.2 While we aim to be make Sellers Advertisements available within 24 hours of them being submitted to us, we cannot guarantee the time period in which the Advertisement will available for other Site users to view. As we process your order, we will inform you by e-mail when we estimate your Advertisement to be available.
9.1 Chainbow warrants that the Services will be supplied with reasonable skill and care.
10 SUBSCRIPTION SERVICES
10.1 The Chainbow Services are offered on a subscription basis. Subscription to such Services may be available for varying commitment periods (e.g. 1 month, or 3 months). Payment for the Services will be made via the Site in accordance with the procedure and pricing explained on the Site.
10.2 We will collect all monthly fees due from the debit/credit card you tell us about upon registration. As stated above, we may suspend or cancel any Services on reasonable notice to you, including your subscription, in the event we are unable to secure payment using your debit or credit card.
10.3 Subscriptions with fixed commitment periods may not be cancelled until all the monthly payments have been made. Any attempt to cancel such payment may result in Chainbow deducting the balance of payments due immediately for Services up to the date of attempted cancellation and reasonable compensation for the loss Chainbow is likely to suffer.
11.1 Chainbow may change these Terms and Conditions from time to time and will endeavour to notify you of any major changes by posting a message on the Site. By browsing the Site you are accepting that you are bound by the current Terms and Conditions. You should check these each time you revisit the Site. These Terms and Conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter. If any provision of these Terms and Conditions is found to be unenforceable, this shall not affect the validity of any other provision. Chainbow may delay enforcing its rights under these Terms and Conditions without losing them. You agree that Chainbow may sub-contract the performance of any of its obligations or may assign these Terms and Conditions or any of its rights or obligations without giving you notice.
11.2 These Terms and Conditions shall be governed and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts.
11.3 If you have any enquiries or complaints (about the Service or someone else’s use of the Site) then please address them to: Chainbow Limited, of Second Floor, 61 Southwark Street, London, SE1 0HL (VAT Number: 882 704 896) or email email@example.com.