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Terms of use

Please read these terms and conditions carefully, they contain important information about your rights and obligations. You can print out these terms and conditions by clicking on the print icon on your browser.

Agreement

SharingProperty ('the Service') is a service to allow you to place on our website or source from the website products, equipment or services related to your selected search. We may revise and update this Agreement at any time. Your continued usage of the Service will mean you accept these changes. We encourage you to periodically review this Agreement, as it is updated on a regular basis. We reserve the right to refuse or cancel your membership for any reason.

The SharingProperty Subscription Service

  1. The Service subscribed for by you in accordance with the terms of this Agreement together with any additional or varied Data specified ('the Data') is intended to allow you to submit to our website or search our website for products, equipment or services which relate to your selected search using our online database.
  2. The Data and all other material and information made available to you by subscribing for the Service is part of our central database (the 'Database'). The Database is stored on and is continually amended and updated from many third party data suppliers (the 'Data Suppliers') and is made available to you through or by use of our computer system (the 'System'). Accordingly, we reserve the right to amend particular programs, information and facilities which the Data comprises from time to time at our discretion.
  3. We shall use all reasonable endeavours to ensure that the Service will, (subject to other terms of this Agreement) be available during normal business hours applicable to your Territory in each week (except for national holidays) that this Agreement is in force.

Use of the Data

  1. You shall not reproduce or redistribute the Data in machine-readable form other than with our prior written consent.
  2. You shall not otherwise than with our prior written consent use, store, download, sell, redistribute or deal with the Data or such information in any manner, or for any other purpose. You shall not otherwise than with our prior written consent use, store, download, sell, redistribute or deal with the Data or such information in any manner, or for any other purpose. You shall be liable, notwithstanding any other remedies we may have against you including termination of this Agreement to indemnify us for any loss we suffer and/or to reimburse us for the gain you obtain in contravention of this Clause.
  3. You acknowledge that you are aware that use of the Data, whether by accessing, utilising, storing or otherwise dealing with the same may from time to time be subject to certain statutory or other external regulations, conditions and restrictions applicable to your Territory.
  4. Other than with our prior written consent you are expressly prohibited from using or redistributing that Data for the purpose of:
    1. compiling an internal database, other than as and to the extent permitted in this clause;
    2. commercial information redistributing or reproduction of the same by the press or media or through any commercial network, cable or satellite system.
    3. permitting or allowing the Data to infringe or otherwise prejudice our proprietary rights or the Data Suppliers;
    4. allowing any third party to access the Data unless expressly so permitted by us.

Subscriber/Third Party Access to the Data

You shall not without our express prior written consent, and you shall ensure that no other person shall permit your computer to be linked to or communicate in any manner or be used in connection with any other database, time sharing or other system, computer bureau, data or telecommunication service or any other service or word-processing system or information distribution network, whereby the Information, material or data obtained from the Service or the Data are being accessed, used, stored or redistributed as the case may be, by or through such other equipment.

Subscription and Membership

SharingProperty is a subscription service that requires membership ('Subscription'). With the exception of trial memberships and special offers, the length of your Subscription is determined by the type of initial Subscription ('Initial Subscription') that you choose when you first become a member. Each Subscription must be renewed following your initial subscription. We will notify you by email when your subscription is due for renewal. We create a membership ('Membership') within our system that provides access to our service.

Copyright, TradeMarks and Other Intellectual Property Rights relating to the Service

  1. You acknowledge that the Copyright and any and all of the copyright, trademarks, and other intellectual property rights subsisting in or used in connection with the Service including the manner in which it is presented or appears and all information, documentation and manuals relating thereto are (unless another owner is specified therein or thereon hereinafter referred to as the 'Owner') our property or Owner as the case may be and you shall not during or at any time after the expiry or termination of the Agreement in any way question or dispute our ownership or the Owners as the case may be of any such rights.
  2. You shall not during or after the expiry or termination of this Agreement, without our prior written consent or the Owner as the case may be or the extent only permitted by applicable law, abuse or permit the abuse of such copyright or use or adopt any trademark, trade name, or commercial designation that includes or is similar to or may be mistaken for the whole or part of any trade mark, trade name or commercial designation used by us or the Owner as the case may be.
  3. Our Remedies – You acknowledge that civil and criminal penalties may be incurred in the event of any infringement of the copyright and /or other rights in relation to the Service or its contents, and that any such infringement by you may result in incalculable damage and/or loss to us and accordingly agree that, in addition to any other right or remedy of ours we shall be entitled to immediate injunctive relief to restrain any actual or apprehended infringement thereof. You indemnify us in full, against all loss, damage, costs and expenses (including loss of profit) which may be incurred by us by reason of any infringement by you.

Confidential Information

We regard the information and facilities available from the Service including information relating to the Data or marketing thereof as confidential to us and you hereby agree that you will use such confidential information solely for the purposes of this Agreement and that you shall not disclose, whether directly or indirectly, to any third party such information other than as required to carry out the purposes of this Agreement.

Liability

  1. We undertake to use all reasonable endeavours to ensure that the Service is accurate as is commercially possible and that any material inaccuracies or errors will be corrected as soon as possible.
  2. Other than as provided in sub-clause (a) above we shall not be liable in contract or otherwise for any direct, indirect or consequential loss or damage sustained by you or others directly making use of the Service including but not limited to any loss or damage resulting as a consequence of any defects, delays interruptions or failures in the System or inaccuracies or errors in the Data and specifically excludes the same to the extent permitted by the law applicable to this Agreement.
  3. Unless otherwise excluded pursuant to the foregoing provisions of this Clause, our liability in contract or otherwise for any direct, indirect or consequential loss or damage (excluding death or personal injury) sustained by you or others directly or indirectly making use of or arising in any way from the Service whether arising as a result of our negligence, wilful default, misrepresentation or other breach or breaches of our duties or obligations, shall be limited to the total Fees and Charges payable by you in respect of the Service in the relevant year. If you are a consumer your statutory rights, if any, are not affected.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

Indemnity

  1. You undertake fully and effectively to indemnify us and keep us indemnified at all times against all actions, proceedings, costs, claims, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by us directly or indirectly in respect of:
    1. the access to and/or use (other than as permitted by this Agreement) by you of the Service and the Data;
    2. any information, data or material produced by or in whole or in part from the Service or Data;
    3. any breach by you of any of the provisions of this Agreement.
  2. You further undertake that you will not seek to recover and shall not be entitled to recover from us or to be indemnified by us in respect of any direct, indirect or consequential loss or damage or against any claims, proceedings, costs, demands, liabilities and expenses whatsoever sustained, incurred or paid by you to any third party in respect of any of the matters specified in this Agreement other than as required by the applicable law.

Cancellation

You may cancel your subscription at any time after the Initial Subscription period, cancellations cannot be retrospective. A subscription month begins on the calendar date (eg: July 21st) when you subscribe to the Service and concludes on the day before that calendar date (eg; August 20th) the following month. No refund will be given in respect of any subscription which is cancelled at any time.

You may cancel your membership as follows:

By mail – please send a brief letter including your membership number, your email address, your username and other relevant information to:

SharingProperty
PO Box 177
Northallerton
DL7 7AF

By email – please send a brief email including your membership number, your email address, your username and other relevant information to; customercare@sharingproperty.co.uk

Passwords

The Service is structured to allow access only to visitors with a valid membership number username and password. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your password or account. It is your sole responsibility to:

  1. control the dissipation and use of activation codes and passwords;
  2. authorise monitor and control access to and use of your account and password;
  3. promptly inform us of any need to deactivate a password. You grant us and all other persons or entities involved in the operation of the Service the right to transmit monitor, retrieve, store and use your information in connection with the operation of the Service. We cannot and do not assume any responsibility or liability for any information you submit, or your third parties use or misuse of information transmitted or received using the Service.

Privacy

The personal information you submit to the Service is governed by a Privacy Policy which is available for viewing on our website. You are using the Service at your own risk and you are personally responsible for verifying its suitability for your needs. We are committed to protecting the privacy of children under the age of 18. We do not collect personally identifiable information from any person we actually know is a child under the age of 18.

Links

The Service may provide links to other Worldwide Web Sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

No Warranties

Your use of the Service is at your sole risk. The Service is provided on an 'as is' and 'as available' basis. When using the Service, information will be transmitted over a medium that may be beyond our control and jurisdiction and that of our suppliers and licensors. Accordingly, we assume no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Service. To the fullest extent permitted by applicable law, we expressly disclaim all warranties, conditions and other terms of any kind, whether express or implied, including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of the Service to a standard of reasonable care and skill or as to non-infringement of any intellectual property right.

We make no warranty or representation that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure or error free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable and (iv) the quality of any products, services, information, or other material purchases or obtained by you through the Service will meet your expectations.

No advice or information, whether oral or written, obtained by you from us or through or from the Service shall create any warranty or other obligation not expressly stated in the Agreement.

Violations

We recommend that users who find inappropriate content contact us immediately at abuse@sharingproperty.co.uk in order that we may remove the inappropriate content. In addition, we reserve the right to remove all material that we consider inappropriate. This includes pornographic, offensive, defamatory, undocumented, illegal material(s) that is/are in any way contrary to accepted morality and behaviour.

Termination

  1. Notwithstanding any other provisions herein contained, and without prejudice to any other rights such party serving notice may have, either party may forthwith terminate this Agreement by written notice to the other if any of the following events shall occur:
    1. if the other party commits any breach of the terms or conditions of this Agreement and fails to remedy such breach (or in so far as such breach is not capable of remedy to furnish adequate compensation therefore within (30) thirty days after receiving written notice from the party requiring it to do so;
    2. if the other party becomes bankrupt or compounds or makes any arrangement with of for the benefit of its creditors or if any distress or execution shall be threatened or levied upon any equipment and/or software or other property of the party entitled to serve notice hereunder or if the other party is unable to pay its debts in accordance with the law relating to this Agreement.
  2. Termination of this Agreement shall be without prejudice to any accrued rights of either party and shall not affect obligations which are expressed not to be affected by expiry or termination hereof.

Force Majeure

Neither party shall be liable to the other in any way whatsoever for failure, interruption, delay or any matters of any nature whatsoever arising out of war, rebellion, civil commotion, strikes, lock-outs and industrial disputes; fire, explosion, earthquake, acts of God, flood, drought or bad weather; the failure of the system or equipment or Software; interruption to the Service or problems associated with transmission or access by/to the System; the unavailability of material, information or data for or to update the Service; or the requisitioning or other act by any government department, council or other constituted body.

Neither party shall further be under any liability to the other in any whatsoever for any other circumstances or happenings (whether of the foregoing classes or not) beyond its control. In the event of failure of the Service we shall, as soon as conditions return to normal, take all reasonable steps to rectify the failure at the earliest possible opportunity. In the event that any circumstances covered by this clause cannot be rectified or remedied or continues for a period of six months or more either may at its option terminate this Agreement forthwith and without liability for such termination.

Notices

All notices to or by the respective parties hereto shall be in writing in the English language and shall be deemed to have been duly given when delivered by hand, posted by recorded delivery post or email to the party to which such notice is required to be given under this Agreement to the addresses as follows:

SharingProperty
PO Box 177
Northallerton
DL7 7AF

Email: customercare@sharingproperty.co.uk

Or to such other address as each of us may specify to the other in writing. Notices delivered by email shall be deemed received the first working day following such delivery or sending. Notices which have been posted as above shall be deemed received on the second working day following posting.

Waiver

Failure or neglect by us to enforce at any time any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of our rights hereunder nor in any way affect the validity of the whole or any part of this Agreement nor prejudice our right to take subsequent action.

Entire Agreement and Amendments

This Agreement supersedes any arrangements understandings, promises or agreements made or existing between us prior to the acceptance of this Agreement nor prejudice our rights to take subsequent action.

Headings

The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.

Severability

In the event that any or part of the terms, conditions or provisions contained in this Agreement shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent such term, condition or provisions shall to that extent be severed from the remaining terms and conditions which shall continue to be valid and enforceable to the fullest extent permitted by law.

Law

This Agreement shall be governed by and construed in all respects in accordance with English Law.