Terms & Conditions

Platform Terms of Use

This platform (the Platform) is operated by, or on behalf of Gazeal Limited of 41 Devonshire Street, London, W1G 7AJ. By using our Platform, you agree to comply with and be bound by the following terms and conditions (the "Terms of Use") together with our privacy policy and any other documents referred to therein. If you do not agree to these Terms of Use, you must not use our site. We reserve the right to amend these Terms of Use from time to time. Any changes will be posted on our Platform. Your continued use of our Platform after posting will constitute your acceptance of, and agreement to, any changes. Specific services that we offer, or make available to you, may also be governed by additional or alternative terms and conditions with us, or other third parties.

Registering on our Platform

You must be 18 years old or over to create an account on our Platform or for any professional user of our Platform to create an account on your behalf, and warrant that the details you provide on registration and / or to any professional user are true, accurate, complete and current. You must promptly update us with any changes to your account details. You must create a password when you register and you are responsible for maintaining the confidentiality of that password. You agree that any person to whom your username or password is disclosed is authorised to act as your agent for the purpose of transacting for any services via this Platform, and you will be responsible for any and all activity conducted using your password. You shall take reasonable steps to prevent unauthorised access to your account via any computer or other device that you use to access your account. If you believe someone has, without authorisation, accessed an account that you created on this Platform, please contact us immediately. When you create an account or you are logging in to an account created for you by a professional user, you may be given the opportunity to opt-in to receive marketing emails from us, our group companies or third parties. You can manage your email subscription preferences via our Platform or unsubscribe from emails at any time. From time to time, we may need to send you service emails relating to your accounts, and we reserve the right to do so.

Your responsibilities

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. In particular, please note that we are not an estate agency. Some of our Platform provide a service where you may view property details ("Details"). The seller of those properties and estate agents acting on their behalf that post the Details are solely responsible for their accuracy and for fielding enquiries relating to those properties. We host the Details in good faith but we have not verified them and we make no representations, warranties or guarantees, whether express or implied about the Details. We are also not giving you any advice (investment, financial or otherwise) in respect of any content on our Platform or recommending or endorsing any properties, products or content on our Platform.

Materials you provide

By submitting content on our Platform or otherwise providing content to us ("Content"), you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sub-licensable and fully transferable licence to use, reproduce, display, sell, modify and edit the Content. You waive any moral rights you may have in the Content. We will not pay you any fees for the Content and reserve the right in our sole discretion to remove or edit it at any time. You warrant and represent that you have all rights necessary to grant us these rights. We will permit you to post Content on our Platform in accordance with our procedures and provided that the content is not illegal, obscene, abusive, threatening, defamatory or otherwise objectionable to us. Any personal data that you provide via, or in connection with, the Platform will be governed by our privacy policy.

Disclaimer and liability

The Platform (including all content on it) is provided by us on an "as is" and "as available" basis and we make no representations, guarantees or warranties of any kind, either express or implied, including without limitation, warranties as to quality, suitability for any purpose, compatibility, reliability, accuracy, completeness, timeliness, access or use. It is your responsibility to evaluate the quality, suitability, accuracy, completeness and reliability of our Platform and any information or content contained therein. We accept no responsibility and make no representations, guarantees, or warranties that the Platform will operate continuously, without interruptions or be fault-free. We may need to make the Platform unavailable with or without notice to carry out maintenance or upgrade work. We accept no liability for any interruption or loss of service. Property descriptions and other information provided on our platform are intended for information purposes and do not constitute property particulars and, whilst displayed in good faith, we will not in any circumstances accept responsibility for their accuracy. Property particulars should be available directly from the agent marketing the property. It is the responsibility of prospective buyers/tenants to satisfy themselves as to the accuracy of any property descriptions displayed and the responsibility of agents to ensure the accuracy and integrity of property descriptions provided on our platform and in any property particulars. Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: • use of, or inability to use, our site; or • use of or reliance on any content displayed on our site. If you are a business user, please note that in particular, we will not be liable for: • loss of profits, sales, business, or revenue; • business interruption; • loss of anticipated savings; • loss of business opportunity, goodwill or reputation; or • any indirect or consequential loss or damage. If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We assume no responsibility for the content of Platform linked to on our site. Such links should not be interpreted as endorsement by us of those linked Platform. We will not be liable for any loss or damage that may arise from your use of them.

Indemnification

You agree to indemnify, defend and hold us and our affiliated companies, shareholders, officers, directors, employees, agents or suppliers harmless from any and all claims or demands, made by any third party due to or arising out of your use of this Platform or through your password or otherwise, the violation of these Terms of Use by you, or the infringement by you of any intellectual property or other right of any other person or entity.

Viruses

We do not guarantee that the Platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programme and platform in order to access the Platform. You should use your own virus protection software. You must not misuse the Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Platform, the server on which the Platform are stored or any server, computer or database connected to the Platform. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any platform linked to it.

Intellectual Property

We are the owner or licensee of intellectual property rights in the Platform, information and content available on the Platform, any database operated by us, any proprietary software utilised by us to enable you to use this Platform ("Software") and the underlying source code. Much of this information and content is protected by copyright, trade mark, database rights, design rights (including in the "look and feel" and other visual or non-literal elements), and/or other intellectual property rights (whether registered or unregistered). Our logos, together with our trade marks and/or service marks, may not be copied or reproduced without our prior written consent. All rights are reserved. We grant you a non-exclusive, non-transferable licence to use the Software solely in executable form and only to the extent necessary for use of the Platform, and for no other purpose. You must not use an automated program (including, without limitation, any web-crawling or screen-scraping software or any equivalent technology or techniques), to access the Platform for the purpose of collecting, obtaining and/or accumulating (or other similar activity) data or content in this Platform. Any such use of an automated program is prohibited and shall be a breach of these Terms of Use. You may not reproduce, republish, transmit or distribute any material, information or content on this Platform, or that form part of our services, without our prior written consent. However, you are granted a limited right to access and use the Platform and our services, and retrieve, display and print content pages, for your own personal, non-commercial use and to the extent necessary for use of the Platform and our services only. We reserve the right, in our sole discretion and without notice to you, to terminate your licence and to prevent future access by you to this Platform. Third Parties This Platform may contain links to third party products, services and/or Platform that are not affiliated with us. We have no control over the products, services or Platform of these third parties and we do not guarantee or take responsibility for them. This Platform may also contain advertising from third parties and we are not responsible for any misleading or inaccurate advertisements which are the sole responsibility of the advertiser. Any links or advertisements on this Platform should not be taken as an endorsement by us of any kind. Furthermore, this Platform contains data provided by third parties and we accept no responsibility for any inaccuracies in this material. You agree to release us from claims or disputes of any kind arising from or in any way connected to such disputes with third parties.

Restrictions on Use

You agree not to: • transmit any material designed to interrupt, damage, destroy or limit the functionality of our Platform; • use any automated software to view our Platform without consent and to only access our Platform manually; • use our Platform other than for your own personal use or as an agent listing properties for sale and to rent; • attempt to copy our data our reverse engineer our processes; • use our Platform in any manner that is illegal, immoral or harmful to us (including to commit or facilitate the commitment of any fraud against us); • use our Platform in breach of any policy or other notice on our Platform; • remove or alter any copyright notices that appear on our Platform; • publish any material that may encourage a breach of any relevant laws or regulations; • interfere with any other user’s enjoyment of our Platform; • transmit materials protected by copyright without the permission of the owner; or • conduct yourself in an offensive or abusive manner whilst using our Platform. We shall be entitled to suspend the Services and/or terminate these Terms of Use without notice to you if you commit a breach of these Terms of Use, and in particular these restrictions on use, which in our reasonable opinion is serious enough to merit immediate termination.

Governing Law

These Terms of Use are governed by English law and the contract between you and us is made in England. Any disputes will be settled in English courts, although we may take action to enforce our intellectual property rights in any relevant jurisdiction. If any provision of these Terms of Use is found to be unenforceable, it will be replaced with a provision reflecting the intent of the original provision.

General

The headings in these Terms of Use are solely used for convenience only. You may not assign or delegate any or all of your rights or obligations in this Agreement. We may assign this Agreement at any time without notice to you. Our delay or failure to exercise or enforce any right or provision of these Terms of Use shall not constitute or be construed as a waiver of such right to act. We shall not be responsible for any breach of these Terms of Use caused by circumstances beyond our control. Nothing in these Terms of Use shall be construed to create a joint venture, partnership, or agency relationship between you and us, and neither you or we shall have the right or authority to incur any liability, debt, or cost, or enter into any contracts or other arrangements, in the name of or on behalf of the other.

If you have any questions or comments about our Terms of Use, please contact us at info@gazeal.co.uk