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THIS SECTION SETS OUT THE TERMS AND CONDITIONS (“TERMS”) ON WHICH KAYABEE LTD (“WE”, “US” OR “OUR”) PROVIDE YOU (“YOU”, “YOUR” OR “USER”) WITH ANY OF THE SERVICES (“SERVICES”) OFFERED ON ITS WEBSITE WWW.KAYABEE.CO.UK (“WEBSITE”).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. YOU ACKNOWLEDGE THAT BY USING THE SERVICES OFFERED BY US, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU WILL NOT BE ABLE TO USE THE SERVICES OFFERED BY US. IF YOU ARE USING THE SERVICES ON BEHALF OF YOUR EMPLOYER OR ACTING AS AN EMPLOYEE, YOU WARRANT THAT YOU ARE AUTHORISED TO ENTER INTO LEGALLY BINDING CONTRACTS ON BEHALF OF YOUR EMPLOYER. THE SAME RIGHTS, LIMITATIONS AND RESTRICTIONS SHALL APPLY TO YOUR EMPLOYER. YOU AGREE THAT THESE TERMS ARE ENFORCEABLE AS IF THEY WERE A WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOUR EMPLOYER.
YOU ARE ADVISED TO PRINT AND RETAIN A COPY OF THESE TERMS FOR YOUR FUTURE REFERENCE.
THESE TERMS MAY BE SUBJECT TO CHANGE, AND ACCORDINGLY YOU ARE ADVISED TO REFER BACK TO THESE TERMS FROM TIME TO TIME AND BEFORE REGISTERING OR MAKING USE OF THE WEBSITE.
1.1. Who we are. The Website is owned and managed, operated and maintained by Kayabee Ltd, a company registered in England and Wales with registered company number 06529657, and having its registered address at Office 7, 35-37 Ludgate Hill, London, EC4M 7JN.
1.2. How to contact us. You can contact us in writing through the ‘Contact Us’ section of the Website or at the email address info@kayabee.co.uk.
1.3. How we may contact you. If we have to contact you we will do so by writing to you at the email address or postal address that you provide us through your use of the Website or Services as an Agent, Seller or Registered Seller.
1.4."Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
1.5. The purpose of our Website. The Website is an online platform designed to connect Sellers and Registered Sellers of Property to local Agents who wish to market the Property. Subject to section 7.2, the Website allows:
1.5.1. Sellers and Registered Sellers the ability to view and compare local Agents;
1.5.2. Registered Sellers the ability to post details of their Property and allow local Agents to bid to market the Property for the Registered Seller;
1.5.3. Registered Sellers the ability to choose which Agent they wish to market their Property;
1.5.4. Agents to bid for the ability to market a Registered Sellers Property; and
1.5.5. Agents and Registered Sellers to connect with a view to marketing the Property.
2.1. Assurances we require from you. You:
2.1.1. are at least 18 years old;
2.1.2. have the capacity to agree to these Terms; and
2.1.3. are not in any way prevented by law in the country which you are currently located to enter into these Terms.
3.1 As a “Seller”, being an individual or organisation that wishes to sell or lease its property, land or buildings (“Property”), you may access and use the Website and Quick Comparison Services (as defined at section 11.2 below) without registering your details through the Website. When using the Quick Comparison Services, we will ask you to enter your name, email address and contact telephone number. This is for us to be able to inform you of the Quick Comparison Services results and, where you expressly request us to, pass your contact details on to Agents of your choice, rather than for registering your details for full use of the Website and Services. To make full use of the Website and Services, you will need to register as a Registered Seller, which will be free of charge and will not incur any subscription costs for you, unless we inform you of any new subscription costs for Registered Sellers upon not less than thirty (30) days prior written notice.
3.2 How to become a Registered Seller. To become a “Registered Seller”, meaning a Seller that wants local Agents to bid in respect of marketing their Property for sale or lease, you will need to register as a ‘Customer’ on the Website. We will ask you to provide both personal details (name, contact details, password) and details of your Property (postcode, number of bedrooms and bathrooms) in addition to the basic Property details, you will also be required to confirm whether you are looking to sell or lease the Property and also have the ability to upload pictures of the Property (together the “Property Details”) to allow Agents to make a bid for marketing the Property. You agree to provide us promptly with such details on request. In the event that you do not provide sufficient details on request, you will not be registered as a Registered Seller. As a Registered Seller, you will be able to make use of the Free Estimation Services (as defined at section 11.3 below) as well as the Quick Comparison Services.
3.3. Creating a Seller Profile on the Website. As a Registered Seller, you can create your own profile for the purpose of using the Seller Services (being both the Quick Comparison Services and the Free Estimation Services) and the Website (“Seller Profile”). Your Seller Profile can include details about your Property(s), contact details, username (for the purpose of Agents contacting you through the Website) and photographs of your Property(s). It is up to you how much detail you put in your Seller Profile.
3.4. Details on the registration process. By registering your details and becoming a Registered Seller you consent to us conducting verification and security procedures in respect of the information provided by you online.
3.5. You hereby warrant that the information provided by you to us is true, accurate and correct. You further warrant that you shall promptly notify us in the event of any changes to such information.
3.6. Upon the completion and submission of the online registration form on the Website, you will automatically become a Registered Seller and be able to access and use the Free Estimation Services. Your Seller Profile will also be accessible from the time of registration. We will also send you a confirmation email, to the email address you provided on the registration form, confirming that your registration has been successfully completed.
3.7. Keep your login details safe. You must keep your registration details for the Website (“Login Details”) confidential and secure. Without prejudice to any other rights and remedies available to us, we reserve the right to promptly disable your Login Details and suspend your access to the Website in the event that we have any reason to believe you have breached these Terms.
4.1 How to become an Agent. To become an “Agent”, meaning an individual employed or engaged by a company or organisation that has a current and recognised business practice in the marketing and arranging for sale or lease of property in the UK, you will need to register as an Agent on the Website. We will ask you to provide details of your business practice, including contact details, website and whether you arrange for the sale and lease of property, or whether you just do one or the other, to enable us to vet you before allowing you, as an Agent, to register for use of the Website and Services. You agree to provide us promptly with such details on request. In the event that you do not provide sufficient business details on request, you will not be registered as an Agent. As an Agent, you will be able to register interest in marketing a Property, view Property Details, set commission structures and local area in which you would like to market Registered Sellers Property and bid on a Property.
4.2 Upon the completion and submission of the online registration form on the Website, we will undertake a manual vetting process on you before allowing you to make use of the Agent Services (as defined at section 10.1 below). This vetting process will consist of us checking that your business details and website are that of an agent able to market and sell or lease property in the UK, confirming that the contact details you have provided are correct and that you are authorised to register as an Agent on the Website and, where applicable, that your company or organisation is validly incorporated in England and Wales at companies house. If, after undertaking a manual vetting process on you, we accept your registration as an Agent on the Website, you shall be sent a confirmation email (“Confirmation Email”) to the email address you provided on the registration form. This Confirmation Email will confirm that we have accepted your registration as an Agent and contain details of how to activate your Agent Profile (as defined in section 4.4 below). Your Agent Profile will not be accessible until you have received the Confirmation Email.
4.3 Keep your login details safe. You shall keep your Login Details for the Website confidential and secure. Without prejudice to any other rights and remedies available to us, we reserve the right to promptly disable your Login Details and suspend your access to the Website in the event that we have any reason to believe you have breached these Terms.
4.4 Creating an Agent Profile on the Website. As an Agent, you can create your own profile for the purpose of using the Services and the Website, which is made available to Sellers and Registered Sellers (“Agent Profile”). Your Agent Profile can include details about your company/business, including business activities, location, username (for the purpose of Sellers and Registered Sellers contacting you through the Website), your business website and/or logo and your contact details. It is up to you how much detail you put in your Agent Profile. When you contact any Seller or Registered Seller on the Website, the communication will be accompanied by your username so that Sellers and Registered Sellers can see that you have contacted them.
4.5 Details on the registration process. By registering your details and becoming an Agent, you consent to us conducting additional verification and security procedures in respect of the information provided by you online.
4.6 You hereby warrant that the information provided by you to us is true, accurate and correct. You further warrant that you shall promptly notify us in the event of any changes to such information.
4.7 Paid for basis. Agents may be required to subscribe for access to the Agent Services and Website on a paid for basis (“Agent Membership”). In the event that Agents are required to subscribe for access and use of the Agent Services, we will notify you in writing not less than thirty (30) days before the subscription cost will begin. To become an Agent, you must submit payment account details if and when we notify you that the Agent Services will begin to incur a subscription cost. We will also notify you of which payment methods are available to you for the subscription cost. The Agent Membership subscription cost will be notified to you by way of a ‘Subscription Mandate’, which we will send to you when notifying you that the Agent Services are to incur a subscription cost (“Subscription Mandate”). The Subscription Mandate will set out the proposed start date of your Agent Services subscription and the cost, which will be based on the number of postcode areas in which you wish to bid to market Properties for Sellers and Registered Sellers. You will have the option to pay this subscription cost either monthly or annually in advance. Fees will be taken automatically from the payment account given by you.
4.8 We may use third party payment handlers to process your payment and by becoming an Agent on the Website, you agree that you have given us permission to do so. Payment of the Agent Membership subscription charges (“Fees”) may be by any method that we may notify you of from time to time.
4.9 Changes to your Agent Membership. We may increase the Fees from time to time, save that no increases shall apply in respect of periods for which you have paid in advance. We may also make changes to the Agent Services you may access with your Agent Membership.
4.10 Auto-renewal of your Agent Membership. Unless you change your mind during the Cancellation Period (as defined below) or it is otherwise terminated in accordance with these Terms, your Agent Membership shall remain in force for a period of either (i) one (1) month if you choose to make payment of the Fees on a monthly basis; or (ii) one (1) year if you choose to make payment of the Fees on an annual basis (“Subscription Period”). Unless you have notified us through the Website, or at the contact details set out at section 1.2 above, prior to the end of your Subscription Period that you wish to cancel your Agent Membership, your Agent Membership shall automatically renew for further Subscription Periods.
4.11 Paying for further Subscription Periods. In order to automatically renew your Agent Membership pursuant to section 4.10 above, we shall automatically charge you for the relevant fees for such renewal by using the details of your payment account that you provided us. If your payment account details have changed since you supplied them to us, we may not be able to automatically renew your Agent Membership and therefore your Agent Membership may be suspended until such a time as payment of the respective Fees is received by us in respect of that Subscription Period.
4.12 Your right to cancel your Agent Membership if you change your mind. You have the right to change your mind and cancel an Agent Membership, provided we receive your cancellation notice within fourteen (14) days after the day your Agent Membership starts. This period shall be referred to as the “Cancellation Period”. You can notify us of your decision to cancel your Agent Membership by writing to us using the contact details at section 1.2 above. Valid cancellation by you will be effective from the date we receive your written notice. Advice about your legal rights to cancel are available from your local Citizens' Advice Bureau or Trading Standards office. We reserve the right to withhold your access to the Agent Services available to Agents during the Cancellation Period.
4.13 If you cancel your Agent Membership during the Cancellation Period as described in section 4.12 above:
4.13.1 but you have not accessed or otherwise used the Agent Services and/or Website, you will receive a full refund of the Fees paid by you; or
4.13.2 but you have accessed the Agent Services and/or Website, you will receive a refund of the Fees paid by you less a pro rata proportion of those Fees decided at our discretion and representing your access and use of the Agent Services and/or Website up to and including the date you notify us of your decision to cancel your Agent Membership in accordance with section
5.1 How your Contract with us is formed. Your contract (“Contract”) with us shall commence at such time as you either (i) activate your registration through the link provided in your Confirmation Email or (ii) begin to make use of the Website and/or the Services.
5.2. We can reject your registration. Notwithstanding section 5.1, we can:
5.2.1. accept or reject your application to register for any reason; and
5.2.2. refuse you access to the Services and/or Website (partly or wholly) if you breach any of the provisions hereunder.
5.3. How long will your Contract with us continue. Unless otherwise expressly set out to the contrary herein, your Contract with us shall remain in force for the duration of your use of the Services, or until terminated in accordance with these Terms.
5.4. How you can terminate your Contract. As an Agent, Seller or Registered Seller, you may terminate your Contract with us at any time by contacting us in writing to the email address info@kayabee.co.uk. If you are an Agent, your termination is subject to section 4.10.
5.5. We can terminate your Contract. We may terminate your Contract at any time and for any reason by providing fourteen (14) days’ notice to you in writing or by e-mail. If you are an Agent, we shall refund to you on a pro-rata basis any Fees paid to us and representing any unused period of your Agent Membership.
5.6. Our additional right to suspend an Agents access to Services. In addition to our other rights under this section 5, we may suspend your Agent Membership in the event that we have not received from you any Fees by the applicable due date.
5.7. Suspending your access to the Website or terminating your Contract. We may suspend your access to the Services and/or Website or terminate your Contract at any time and without notice to you if:
5.7.1. the third party services and network providers cease to make the third party service or network available to us;
5.7.2. we believe that you or someone using your Login Details has failed to comply with one or more of these Terms;
5.7.3. we believe that there has been fraudulent use, misuse or abuse of features or functionalities of the Services and/or Website (in whole or in part);
5.7.4. we believe that you have provided any false, inaccurate or misleading information; or
5.7.5. we believe that you are not acting in a personal capacity.
6.1. You agree that you are solely responsible and liable for all activities on the Website.
6.2. What happens if someone else uses your Login Details. You must promptly notify us in the event there is a breach of security or any unauthorised use of your Login Details. We may be contacted through the details at section 1.2 above.
6.3. What you can and can’t post on the Website. You shall not post on the Website through your use of the Services, any information, comments, images, reviews, third party URL links or other material whatsoever in any format (“Submissions”), whether on your Profile or elsewhere on the Website, that may reasonably be deemed to be offensive, illegal, inappropriate or that in any way:
6.3.1. promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
6.3.2. harass or advocate harassment of another person;
6.3.3. display pornographic or sexually explicit material;
6.3.4. promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
6.3.5. promote any illegal activities;
6.3.6. provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
6.3.7. promote or contain information that you know or believe to be inaccurate, false or misleading;
6.3.8. engage in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without our prior written consent; or
6.3.9. infringe any rights of any third party.
6.4. You give us a right to use your Submission. You hereby grant to us a non-exclusive, perpetual, irrevocable, transferable, sub-licensable and royalty-free licence to use, copy, display, distribute, sub-licence, host, retain for archiving purposes and publish for our own business purposes and for the purpose of performing our obligations under these Terms all Submissions made by you on the Website.
6.5. What we can do with your Submission. You acknowledge that making a Submission does not guarantee that such Submission, or any part thereof, shall appear on the Website. You agree that we may, on receiving any notice in accordance with section 6.6, choose to continue to display or remove any Submission or any part of the same that you make on the Website.
6.6. Reporting content or posts on the Website. If you feel that any Submission made by another Agent, Seller or Registered Seller is objectionable, please contact us using the contact details set out on the Website. We shall use our reasonable endeavours to review the relevant Submission as soon as is practicable and shall take such action as we deem necessary, if any at all.
6.7. More restrictions regarding your use of the Website. You further agree that at all times, you shall:
6.7.1. not use your Login Details with the intent of impersonating another person;
6.7.2. not allow any other person to use your Login Details;
6.7.3. not use the information presented on or obtained using the Website or derived from the Services for any purposes other than those expressly set out in these Terms;
6.7.4. not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Website or in respect of the network;
6.7.5. not use the Website, the content therein and/or do anything that will infringe the intellectual property rights or other rights of any third parties;
6.7.6. comply with all instructions and policies from us from time to time in respect of the Services and the Website;
6.7.7. co-operate with any reasonable security or other checks or requests for information made by us from time to time; and
6.7.8. use the information made available to you on the Website and through the Services at your own risk.
6.8. What happens if you are in breach of this section 6. In the event that we, in our sole and absolute discretion, consider that you have breached any of the terms set out in this section 6, we reserve the right to immediately terminate, without notice, your use of and access to the Services and the Website. In the case of any illegal use of the Website, we reserve the right to take legal proceedings against you as appropriate.
7.1. What we are providing you. In consideration for your compliance with these Terms, we shall use our reasonable endeavours to provide you with the Services through the Website.
7.2. We can make changes to the Website and the Services. We reserve the right to make any changes to the Website including any functionalities and content therein or to discontinue any aspect of the Services or features of the Website without notice.
7.3. We can restrict your access to the Website and Services. We shall be entitled, at our own discretion, to suspend the Website (wholly or partly) for any reason whatsoever, including but not limited to repairs, planned and emergency maintenance or upgrades, and shall not be liable to you for any such suspension or unavailability of the Website (wholly or party).
7.4. Our reliance on third party providers could impact the availability of the Website. We rely on third party providers (such as network providers, data centres, telecommunication and content providers) to make the Website and the Services available to you. Whilst we take all reasonable steps available to provide you with a good level of service, you acknowledge and agree that we do not warrant that the Website shall be uninterrupted or fault-free at all times. We therefore shall not be liable in any way for any losses you may suffer as a result of delays or failures to the Services and/or the Website as a result of our service providers.
7.5. Updating these Terms and how this is notified to you. We may update or modify these Terms from time to time and shall notify you of any such updates and revisions through a message displayed on the Website. Your continued use of the Services and/or the Website (whether wholly or partly) shall be deemed your acceptance of such change(s) in respect of the updated or modified Terms.
8.1. We are not a participant to discussions or arrangements made on the Website or subsequently. You acknowledge and agree that we only provide you with the Services and the Website. You understand that we are not involved in, or participate in any way with, any contact, discussions, arrangements or meetings (face-to-face or otherwise) between you and other Agents, Sellers or Registered Sellers.
8.2. You are responsible for your dealings with other Agents, Sellers or Registered Sellers. Consequently, you acknowledge and agree that we shall not be liable in any way and for any reason whatsoever in respect of your relationship with other Agents, Sellers or Registered Sellers.
8.3. Take care when meeting other Agents, Sellers or Registered Sellers. We recommend that you take all reasonable care when arranging any meeting or otherwise with any other Agent, Seller or Registered Seller.
8.4. We don’t have any control over Agents, Sellers or Registered Sellers nor do we monitor any of their Profiles. You acknowledge that we do not have any control of and therefore can not reasonably accept any liability in respect of the behaviour, response or actions of any Agents, Sellers or Registered Sellers. We make no representations and assume no responsibility for any Agents, Sellers or Registered Sellers. We are not able to verify the accuracy, correctness and completeness, monitor, edit or modify any Agent or Seller Profiles. Consequently, all Agent, Seller or Registered Seller information and content available on the Website is provided to you “as is” and you agree that any use made of such content shall be strictly at your own risk. We recommend that you do not rely solely on such information in making or refraining from making a decision or to embark on a specific course of action.
8.5. We do not guarantee or promise that you will achieve a particular result or outcome through your use of the Services or the Website.
8.6. You are responsible for your communications with other Agents, Sellers or Registered Sellers. You acknowledge and agree that you are solely responsible for all communication with, and any subsequent dealings with, other Agents, Sellers or Registered Sellers.
9.1. Third party links may appear on the Website. The Website provides links to and content from third party websites, including those operated by Agents. Such third party websites are not operated or controlled in any way by us and accordingly we accept no responsibility for the availability, suitability, reliability or content of such third party websites and do not endorse or support the views expressed therein.
9.2. Use of third party websites is subject to separate terms. Third party websites operate under their own terms and conditions, and you are advised to read such terms and conditions prior to making use of such third party website. Further, where you access any third party website through a link on our Website, you acknowledge and agree to abide by the terms and conditions of such third party website.
10.1. As an Agent, you will be able to access the Website and browse the Website content. Agents will be able to:
10.1.1 Set and manage your ‘Selling Points’, being those reasons why a Seller or Registered Seller should choose you to market its Property;
10.1.2 Set and manage those postcodes in which you which to bid on the marketing of Property;
10.1.3 Set and manage the commission structure that you would charge Sellers and Registered Sellers, either a set commission structure for all postcodes or a commission structure per postcode, to market the Property. If you choose to set a commission structure per postcode, you will also have the ability to vary the commission structure based on the value of the Property in that postcode;
10.1.4 Manage any Property for which a Registered Seller has selected you, as Agent, to bid. The Property will show up in the Agent’s portal and you will be able to bid to market the Property, decline the ability to market the Property or assign the Property bid to another Agent in your company or group of companies;
10.1.5 When a Property shows up in an Agent’s portal, you will be able to view the Property Details submitted by the Registered Seller to establish whether to bid to market the Property or not;
10.1.6 In the event that you wants to bid to market a Property, you will have the ability to respond to the Registered Seller outlining your estimated sale or lease price, commission structure chargeable for the marketing of the Property and any notes to the Registered Seller about the Property;
10.1.7 Once you have submitted a bid to market a Property, that bid will appear in a Registered Sellers portal and they will be able to accept or reject your bid. Once a Registered Sellers has accepted or rejected your bid to market to Property, that acceptance or rejection will be notified to you on your Agent portal;
10.1.8 In addition to making a bid to market a Property for a Registered Seller, you may decline the ability to market the Property or assign the ability to bid for marketing the Property to another Agent, who is part of your company, organisation or group of companies; and
10.1.9 Where a Seller or Registered Seller uses the Quick Comparison Services, and requests that its contact details are sent to you, we will send you, as Agent, those contact details for you to establish contact with the Seller or Registered Seller,
(together the “Agent Services”).
11.1 As a Seller, you will be able to access the Website and make use of some, but not all, of the Services.
11.2 Both Sellers and Registered Sellers can make use of the ‘Quick Agent Comparison’ services, comprising the ability for a Seller or Registered Seller to input its Property Details, including the Property address, approximate Property value, whether you want to sell or lease the Property and your contact details (email address and/or contact telephone number). When you have input the Property Details and your contact details, you will be presented with a list of local Agents and their details, including commission structure, other properties sold in your area and its main attributes. Should you want an Agent to contact you in relation to the Property, you can select to “Contact Agent”, at which point we will ask you to confirm that you want us to send your contact details to that Agent. If you confirm this, we will send your contact details and brief Property Details to the Agent who will contact you directly (“Quick Comparison Services”).
11.3 In addition to the Quick Comparison Services, Registered Sellers can make use of the ‘Free Estimation and Quote’ services, comprising the ability for Registered Sellers to ask certain Agents to bid to market their Property. To do this, a Registered Seller would be required to input full Property Details and where available photographs of the Property to allow the Agents the ability to fully review the Property before making its bid to market that Property. Once full Property Details are uploaded, you will be able to pick a selection of local Agents on the Website, who you wish to bid to market your Property. Once you have selected the Agent that you want to bid to market your Property, the Property Details will be sent to those Agents for review. An Agent can either accept a bid, decline a bid or assign the bid to another Agent in its company or group of companies. Whatever option the Agent chooses, you will be informed of that decision in your portal. If an Agent has accepted your offer to bid to market your Property, it will send you details about its commission structure for marketing your Property, its recommended sale or lease price and any applicable notes to you, as Registered Seller. Once you have received an Agents bid to market your Property, you can either accept their bid or reject it. If you accept a bid from an Agent, you will be asked to confirm that the Agent’s bid is accepted, if you do confirm this, then we will send notification of this acceptance to the Agent and they will contact you directly in relation to the marketing of the Property. (“Free Estimation and Bidding Services”).
11.4 Registered Sellers who use the Free Estimation Services will also be able to manage their Properties through the Website. This will allow a Registered Seller to manage and have Agent’s bid to market multiple Properties at one time. Each Property will be set up separately and the Agents will only be able to bid to market one Property at a time.
12.1. Don’t rely on Submissions. We do not verify and do not have any control in respect of any Submission. We do not warrant or guarantee the accuracy, correctness, reliability or suitability of any Submission or any other information made available to you through your use of the Website and/or Services. If you intend to use and/or rely upon any Submission or any other information made available to you through your use of the Website and/or Services, you do so at your own risk and liability.
12.2. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the agreement was made, both we and you knew it might happen.
12.3. We are not responsible for any loss or damage that is not foreseeable.
12.4. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity arising from your use of the Website and/or Services.
12.5. Subject to section 12.7, our maximum aggregate liability to you as a Seller or Registered Seller under or in connection with our Contract will be limited to one hundred pounds sterling (£100).
12.6. Subject to section 12.7, our maximum aggregate liability to you as an Agent under or in connection with our Contract will be limited to the greater of (i) one hundred pounds sterling (£100) or (ii) the Fees paid for your Agent Membership.
12.7. We do not exclude or limit in any way our liability for:
12.7.1. death or personal injury caused by our negligence or the negligence of Our employees, agents or subcontractors; or
12.7.2. fraud or fraudulent misrepresentation.
13.1. We don’t endorse or support any advice or recommendations from Sellers, Registered Sellers or Agents. You acknowledge and agree that where the Website includes any views, opinions, advice or recommendations from Sellers, Registered Sellers or Agents, such views, opinions, advice and recommendations are not endorsed or supported by us in any way and to the maximum extent permitted by law, we exclude all liability for the accuracy, suitability, reliability, defamatory nature, completeness, timeliness or otherwise of such views, opinions, advice or recommendations.
13.2. Any reliance on Submissions is at your own risk. Your use and reliance on the information made available on the Website and/or through your use of the Services, including any Submissions, shall be at your own risk and we shall not be liable whatsoever for any damage and/or loss which you may incur as a result of or in connection with your use and reliance of such information and/or Submission.
13.3. Commentary and other materials posted on the Website by us is for information purposes only and should not be taken as advice on taking any specific course of action. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any Seller, Registered Seller or Agent of the Website, or by anyone who may be informed of any of its contents. Further, responsibility for decisions taken on the basis of information, suggestions and advice given to you by us (including through the Website) shall remain solely with you.
14.1. Our rights to the Website and Services. We and our licensors own all the intellectual property rights relating to the Website.
14.2. You are expressly prohibited from:
14.2.1. reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website, including without limitation, any information, articles, photographs, images or submissions made available to you through your use of the Website and/or the Services; and
14.2.2. removing, modifying, altering or using any registered or unregistered marks/logos/designs owned by us, another Agent, Seller, Registered Seller and/or our licensors, and doing anything which may be seen to take unfair advantage of our reputation and goodwill or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to us.
Our use of your personal data submitted to us. We comply with the Data Protection Act 1998 (“Act”) and all other successor legislation and regulations in the performance of our obligations under these Terms. Please click here to view our Privacy Policy. The terms of the Privacy Policy form part of these Terms and you agree to be bound by them.
16.1. We are not responsible for your disputes with other Agents, Sellers or Registered Sellers. In the event that you have a dispute with another Agent, Seller or Registered Seller, you hereby release us from any claims, demands and damages (whether actual or consequential) of any kind or nature, known or unknown, arising out of or in connection with such dispute.
16.2. What to do if you want to complain about an Agent, Seller or Registered Seller. If you have any complaints in relation to another Agent, Seller or Registered Seller, we would advise in the first instance to discuss this with that Agent, Seller or Registered Seller. In the event that such discussions do not result in a resolution to the complaint, you may contact us using the details at section 1.2 above. We will use our reasonable endeavours to respond to any such complaint within a reasonable time, and take any reasonable action which we deem appropriate to resolve or rectify the subject matter of such complaint.
16.3. If you think an Agent, Seller or Registered Seller is in breach of these Terms. If you have reason to believe that any of the Terms herein have been breached by another Agent, Seller or Registered Seller, or you have a complaint to make, please e-mail us using the contact details at section 1.2 above. All notification and communication to us should be sent to the contact details provided herein.
17.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control.
17.2. What we mean by an Event Outside Our Control. An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks, or cyber-attack.
17.3. If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
17.3.1 we will contact you as soon as reasonably possible to notify you; and
17.3.2 our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation.
18.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
18.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.
18.4 If a court finds part of this contract illegal, invalid or unenforceable, the rest will continue in force. Each of the sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.
18.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
18.6 Which laws apply to this contract and where you may bring legal proceedings. These Terms are governed by the laws of England and Wales and you can bring legal proceedings in respect of any dispute arising under your Contract in the English courts.
18.7 Only these Terms apply to your contract with us. These Terms and any document expressly referred to in them represent the entire agreement between you and us in respect of your use of the Website and the Services, and shall supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
