Property registration terms and conditions
About Us
PX MY HOME LIMITED is a company registered
in England and Wales, with company number 06644018 and registered office
at 55-57 High Street, Chellaston, Derby DE73 6TB.
About This
Document
This document sets out the terms and conditions applicable
to your account with us and each property you register on the
PX MY HOME LIMITED web site.
In addition you agree to our Web
Site Terms of Use and Data Protection
Policy in
relation to your use of the PX MY HOME LIMITED web site.
No Cancellation
Rights
Once you have submitted any property registration you
will be taken to have agreed that we may immediately commence
providing the services. Accordingly, under Regulation 13(1)(a)
of The Consumer Protection (Distance Selling) Regulations 2000,
you will not have any right to cancel the contract.
Your Statutory
Rights
If you are selling otherwise than in the course of a business
or occupation, then nothing in these terms and conditions shall
affect your statutory rights to the extent that they may not
be limited or excluded by law.
The Service
Scope
Our web site
enables persons who are looking to sell properties on a part-exchange
basis to advertise the property through our web site. We are
not an estate agent, and nothing shall require us to provide
any estate agency services to you.
Account
When you create an
account with us, your account will enable you to register one
or more properties with our web site.
Property Registration
Each
property registration covers only one specified property and
cannot be used for any other property. If you want to register
more than one property, you must submit a separate registration
and pay a separate fee for each property you register.
You may
not use the same registration to list more than one property.
If you sell a property you may not amend your registration to
insert a different property. In such case you must submit a fresh
registration and pay a further fee.
Property Particulars
When
you register a property with our web site you will be given access
to a series of pages which allow you to complete and amend the
property particulars and upload pictures. YOU MUST COMPLY STRICTLY
WITH THE RULES FOR PROPERTY PARTICULARS SET OUT FURTHER BELOW.
Property Database
Your property will be included in our database,
and visitors and persons registered with our web site will be
able search our database which will return your property if it
meets any search criteria. We do not guarantee where your property
will appear in a list of found properties.
Property Particulars
Communicated to Searchers
If your property is returned in a search,
then we will provide initially only the price, picture and location
of the property, as well as an indication of what kind of property
you are looking for (if you have supplied this information).
If the person searching has a property registered on the web
site as well, then they will be able to access the full property
particulars.
Mailing List
We may from time to time send details
of your property to other persons registered on our site as part
of our mailing list, which we use to send details of properties
registered with our site to sellers who we think may be interested.
Your Contact Information
Persons searching will not be provided
with your contact information. But you will be provided with
an 0844 number which diverts to your land-line number. The 0844
number will belong to us.
We may also provide a facility where
other registered users can send an e-mail to you. Again, the
registered users will not be provide with your e-mail address,
but will be able to e-mail you at your provided e-mail address
through our site.
Duration of Registration
Your property may
remain registered on our web site until you sell it, subject
to our rights of early termination set out in these terms.
Interruptions
to Service
Our web site and property search service will normally
be available 24x7, but we do not guarantee that the service will
be without interruptions, and it may also be interrupted from
time to time for the purposes of maintenance, repair and upgrade.
Your Obligations
Registration Undertakings
When you register
a property with our web site you are agreeing as follows:-
•
that you are, or you are an agent or have any other legal authority
to represent, the legal owner of the freehold or leasehold of
the property the legal own along with any joint owners or tenants
in common whom you identify in the property particulars;
• that
each property you register is available for sale on a part-exchange
basis;
• that we may publish your details and your property particulars
• that all information and property particulars you provide are
true, accurate and not misleading;
• that the services may commence
immediately and that you have no cancellation rights;
• that
you accept and agree to these Property Registration Terms and
Conditions, and to our Web Site Terms of Use and [Data
Protection Policy][LINK] current at the time you registered.
Accuracy of
Property Particulars
YOU MUST ENSURE THAT ALL PROPERTY PARTICULARS
ARE TRUE, ACCURATE AND NOT MISLEADING IN ANY MATERIAL RESPECT.
We shall be entitled to change or remove any descriptions or
other property particulars which we know or consider to be false
or misleading to any extent.
We shall be entitled to suspend
your account and/or terminate your registration and remove your
property in our sole discretion if we receive any complaint that
your property particulars are incomplete, inaccurate, false or
misleading (however minor), without having to investigate that
complaint.
If we are liable to any other person because any information,
descriptions or other property particulars you provided are incomplete,
inaccurate, false or misleading to any extent (however minor),
or we suffer any other liability to any person arising out of
any transaction or proposed transaction you may undertake with
any person with respect to your advertised property, then you
agree to indemnify us against such liability and any reasonable
settlements we may make in respect of such liability, together
with any legal costs we may be liable to pay to the claimant
or reasonable and proper legal costs we may agree to pay to the
claimant in any settlement, and our own reasonable and proper
legal costs. Liability under this term includes liability in
negligence.
Licence in relation to Property Particulars
In relation
to all pictures, text, and other information you upload to our
site as part of the property particulars, we shall be entitled
to copy, edit, modify, adapt, and translate them, permit visitors
to and registered persons on the site to access, view and download,
copy, print and use the same, and do anything else with such
property particulars as may be reasonably required for the purpose
of the management and operation of our web site. You hereby grant
us an irrevocable, non-exclusive, royalty free, sub-licensable,
and transferable licence in relation to all property particulars
you supply for us to do all of the above, and warrant to us that
you have the right to grant us this licence. You must indemnify
us against any liability, cost and expense we may incur for infringement
of copyright if we do any of the above.
You must use only pictures
you have taken yourself. You will not be allowed to use pictures
taken by others unless you get their written permission.
Sale
of your property
You must inform us immediately if you exchange
contracts for the sale of your property, in which case we may
terminate the registration of your property.
You must also inform
us if your property comes under offer, and we may publish this
on the web site.
Contacting other Sellers
To contact any person
advertising a property on this web site, we provide an 0844 number
which diverts to a telephone number provided by that person.
We may also provide a facility whereby you can send an e-mail
to the seller through our web site, although we do not disclose
seller e-mail addresses directly.
This number and e-mail facility
is only made available to persons who have registered with our
web site.
If
you mis-use the number, we may terminate your property registrations
and account
Registration Fee
Coverage
Our registration fee purchases
you the right to advertise one house for sale through our web
site. You must pay a separate registration fee for each property
that you register with our web site.
Validity
Our registration
fees are only valid for the day that you visit the web site.
We may change our registration fees at any time and from time
to time, and they may not be the same if you visit the web site
at another time.
Payment
Our registration fees are payable at
the time you submit your registration. The payment methods we
accept will be stated on our registration pages. Payment is deducted
when we process your registration. If your payment cannot be
authorised for any reason we will tell you.
Suspension of Registration
If we at any time consider that the description of your property
is false or misleading to any extent, or that you are in breach
of these terms to any extent, we may (without prejudice to our
other rights), suspend your property from our database whilst
we deal with this matter with you.
Termination of Registration
Your Rights
You may terminate your registration and withdraw
your property at any time by notice to us, or using any method
set out on our web site.
Your Obligations
You must terminate
your registration and withdraw your property if your property
is subsequently sold. You must inform us if this happens, and
we may terminate your registration if you fail to do so.
Our
Rights
We may terminate the registration of any property where
we no longer consider that you are genuinely marketing it and
seeking to sell it. We will inform you of this before doing so,
and ask to you confirm and demonstrate that you are still genuinely
and actively marketing it and seeking to sell it.
We may terminate
your registration if you breach these terms of registration to
any extent (however minor).
We may terminate your registration
if our web site is to close or we materially change the way that
we do business.
Limitation of Liability
Our liability to you
in connection with any property you may have registered on our
web site (whether that liability is for breach of contract, negligence,
or other liability whatsoever) shall be limited to the registration
fee that you paid.
We shall have no liability (whether that liability
is for breach of contract, negligence, or other liability whatsoever)
for loss of profit, revenue, business, contract or opportunity,
for your liability to third parties, or for consequential or
special loss.
In relation to any third party properties you search
for on our web site, you acknowledge that YOU RELY ON ALL PROPERTY
PARTICULARS AT YOUR OWN RISK. WE DO NOT UNDERTAKE AND HEREBY
DISCLAIM ANY DUTY OF CARE TO YOU WITH REGARD TO OUR WEB SITE
AND THE PROPERTIES AND PROPERTY PARTICULARS LISTED ON IT FROM
TIME TO TIME, AND WE EXCLUDE ANY LIABILITY WE MAY HAVE TO YOU
(WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE) FOR
ANY LOSS, DAMAGE OR LIABILITY YOU MAY SUFFER OR INCUR IN RELYING
ON THIS WEB SITE AND ANY PROPERTY PARTICULARS SET OUT IN THIS
WEB SITE.
Force Majeure
We shall not be liable to you if our
web site or service is unavailable at any time due to any circumstance
beyond our reasonable control. In particular we shall have no
responsibility for inability to access our web site due to problems
with the internet.
Third Party Rights
Our agreement with you
and these terms shall not be enforceable by any third party.
Law
Our agreement with you relating to your registration, and
these terms and conditions shall be governed by the law of England
and Wales.
Changes to these terms and conditions
We may change
these terms and conditions from time to time and will update
this page accordingly. By accepting these terms and conditions,
you agree to be bound by any such changes in effect at the time
of use and should therefore periodically visit this web page
to determine the current terms and conditions applicable.
