PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE AS THEY ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US.
WHAT IS IN THESE TERMS?
These terms tell you the rules for using our website: upbrix.com (referred to as the “Website”). Throughout this document we refer to them as the “Terms”. A reference to “you” or “your” is a reference to the user of this Website.
WHO WE ARE AND HOW TO CONTACT US
- We are Ponder Solutions Limited (company number 08255059) and our address is 25 Durweston Close, Bournemouth, BH9 3QB, United Kingdom (referred to as “we” or “us” or “our”). We are not a property sales or lettings agency. We are the providers of the Website. It is our members (which include private individuals, estate agents, commercial agents lettings agents, landlords and new home developers and are referred to as “members”) that display property details for you to view.
- To contact us, please send a message using our contact form available here or by post to our address above.
BY USING OUR SITE YOU ACCEPT THESE TERMS
- These Terms set out all of the rules and obligations that apply to your use of the Website.
- By using our Website, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Website.
- We recommend that you print and keep a copy of these Terms for future reference. They are a legally binding agreement between you and us.
WE MAY MAKE CHANGES TO OUR TERMS
- We amend these Terms from time to time by updating them on the Website. Every time you wish to use our Website, please check these Terms to ensure you understand the terms that apply at that time.
WE MAY MAKE CHANGES TO OUR WEBSITE
- We may from time to time change the content of this Website or suspend or discontinue any aspect of this Website, which may include your access to it.
YOUR OBLIGATIONS AND ACCEPTABLE USE
- You accept that you are solely responsible for ensuring that your computer system meets all relevant technical specification necessary to use this Website and that your computer system is compatible with this Website.
- You must not misuse our system or this Website. In particular, you must not hack into, circumvent security or otherwise disrupt the operation of our system and this Website, or attempt to carry out any of the foregoing. This includes introducing viruses, trojans, worms, logic bombs or other material which is or could be malicious or technologically harmful. You must not misuse any forms on the Website and any forms you submit must be a genuine enquiry.
- You must not use or attempt to use any automated program (including, without limitation, any spider or other web crawler) to access our system or this Website. You must not use any scraping technology on the Website. Any such use or attempted use of an automated program shall be a misuse of our system and this Website. Obtaining access to any part of our system or this Website by means of any such automated programs is strictly unauthorised.
- You must not upload or use inappropriate or offensive language or content or solicit any commercial services in any communication, form or email you send or submit, from or to the Website.
- Whenever you make use of features that allow you to upload content to our Website, or to make contact with other users via our Website, you must comply with the content standards set out in clause 6 of these Terms below. You warrant that any such contribution does comply with the standards mentioned in clause 6 and, if you are a business, you will indemnify us against any breach of this warranty.
SERVICES AND CONTENT
- The views expressed by users on our Website do not represent our views or values.
- All content that you upload to our Website must:
- be accurate (where you state facts);
- be genuinely held (where you state opinions); and
- comply with the applicable law of the country from which they were posted.
- Your content must not:
- contain any material which is defamatory of any person;
- contain any material which is obscene, offensive, hateful, discriminatory, unethical, immoral or inflammatory; or
- contain any material which does or could potentially infringe the intellectual property rights of a third party.
- We will determine in our discretion whether there has been a breach of this clause 6. Where we believe a breach of clause 6 has occurred we may take such action as we deem appropriate. This action may include the following:
- immediate, temporary or permanent withdrawal of your right to use our Website;
- immediate, temporary or permanent removal of any posting or material uploaded by you to our Website;
- further legal action against you; and
- disclosure of such information to law enforcement or authorities as we reasonably feel necessary.
- In addition to all of our rights set out above, we reserve the right to take down any content that you upload to our Website at any time without notice and without having to give a reason.
- To receive details of properties on this Website, you must submit a completed registration form to us. At our discretion, we may refuse your application for registration. If we accept your application for registration, you will be given access at the point of application.
- Each registration is for a single user only. You must not share your username and password with any other person or with multiple users on a network.
- You undertake that all information provided by you for the purposes of registering with us is accurate and complete.
- You accept sole responsibility for all use of and for keeping secret any password that may have been given to you or chosen by you for use on this Website. You will notify us immediately of any unauthorised use of them or any other breach of security of this Website of which you become aware.
- We have the right to disable any account or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
- The copyright and all other intellectual property rights in this Website (including all database rights, trade marks, service marks, trading names, text, graphics, code, files, links and other materials published on it) belong to us or our licensor(s). All rights are reserved.
- Subject to clause 5, you may download material from this Website for the sole purpose of using this Website where we provide an option for you to do so. However, you must not copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information on or downloaded from this Website without our prior written consent.
- Whilst we endeavour to ensure that any material available for downloading from this Website (such as a property brochure) is not contaminated in any way, we do not warrant that such material will be free from infection, viruses and/or similar code.
- Due to the nature of software and the internet, we do not warrant that your access to, or the running of, this Website will be uninterrupted or error free. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We shall not be liable if we cannot process your details due to circumstances beyond our reasonable control.
- The information provided on this Website is for general interest only and does not constitute specific advice. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
- We give no warranties or representations that the property information on this Website is correct, accurate or up-to-date.
- We give no warranty or guarantee that the Website or information available on it complies with laws other than those of England.
- To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it, whether express or implied.
- We are not an estate agency. The details of the properties available on this Website are provided to us by our members for your information only. We do not verify the property details provided to us and give no warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at your own risk. We recommend that you check all property details with our member advertising the property before making any decisions or taking any action in regards to a property advertised on our Website.
BARRING FROM THE SITE
- We reserve the right to bar users from this Website and/or restrict or disable their access or use of any or all elements of our services, on a permanent or temporary basis at our sole discretion.
WE MAY SUSPEND OR WITHDRAW OUR SITE
- Our Website is made available free of charge.
- We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
- This Website contains links to websites operated by third parties. We have no control over their individual content. We give no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites. The links are for your convenience only. We do not recommend any products or services advertised on those websites. If you decide to access any third party website linked from this Website, you do so at your own risk.
RULES ABOUT LINKING TO OUR SITE
- You must not include links to this Website in any other Site without our prior written consent. In particular (but without limiting the foregoing) you must not include in any other Site any “deep link” to any page on this Website. You may link to our home page at upbrix.com and pages within the Website provided that you do so in a way that does not (in our reasonable opinion) damage our reputation or expose us to risk. We reserve the right to withdraw linking permission without notice and without giving a reason.
- Our Website must not be framed on any other Site.
- You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- Whether you are a consumer or a business user we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
- Subject to clause 14.1, we will not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control.
- Subject to clause 14.1, we do not accept any liability for loss of your password or account ID caused by a breakdown, error, loss of power or otherwise caused by or to your computer system.
- We may put in place such systems as we from time to time see fit to prevent automated programs being used to obtain unauthorised access to our system and this Website. Subject to clause 14.1, we shall not be liable to you for any consequences arising out of or in connection with any such use or attempted use of automated programs to obtain unauthorised access to our system or this Website.
- 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 Website or to your downloading of any content on it, or any website linked to it.
- If you choose to contact our members using the Website, your details (including your e-mail address, telephone number and the address of the property you are considering a valuation on) will be sent to the member that you are enquiring with. We do not accept any liability for any subsequent communications that you receive directly from that member.
- If you are a consumer user:
- please note that we only provide our Website for domestic and private use. You agree not to use our Website 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.
- If you are a business user, subject to clause 14.1:
- we exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it.
- we will not be liable to you 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 Website; or
- use of or reliance on any content displayed on our Website.
- 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.
WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
- If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
- If you are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
CUSTOMER FEEDBACK AND QUALITY
- We try to ensure that all customer feedback is dealt with fairly and consistently, and is properly recorded. We welcome any suggestions that you make about how we may improve our service. Please write to us using the address provided at the beginning of these Terms or contact us using our contact form here. We aim to acknowledge all customer feedback.