The Property Megastore

Terms of Use

TERMS OF USE AND AGENCY SERVICES

ATTENTION: These terms of use and, where you choose to request our agency services, terms and conditions of agency services apply to the entire contents of the Website under the domain name www.propertymegastore.co.uk (Website) and to any correspondence by e-mail between us and you. Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website. This notice is issued by The Property Megastore Ltd (“we”, “us”).

1. INTRODUCTION
1.1 You may access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register.
1.2 By accessing any part of the Website, you shall be deemed to have accepted these terms in full. If you do not accept these terms in full, you must leave the Website immediately.
1.3 We may revise these terms of use at any time by updating this posting. You should check the Website from time to time to review the then current terms of use, because they are binding on you. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages at the Website.

2. LICENCE
2.1 You are permitted to print and download extracts from the Website for your own use on the following basis:
(a) no documents or related graphics on the Website are modified in any way; and
(b) no graphics on the Website are used separately from the corresponding text.
2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms of use, any use of extracts from the Website other than in accordance with clause 2.1 for any purpose is prohibited. If you breach any of these terms, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
2.3 Subject to clause 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
2.4 Any rights not expressly granted in these terms are reserved.

3. SERVICE ACCESS
3.1 While we endeavour to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period.
3.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

4. VISITOR MATERIAL AND CONDUCT
4.1 Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
4.2 You are prohibited from posting or transmitting to or from the Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) for which you have not obtained all necessary licences and/or approvals; or
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.3 You may not misuse the Website (including, without limitation, by hacking).
4.4 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clause 4.2 or clause 4.3.

5. LINKS TO OTHER WEBSITES
Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

6. REGISTRATION
6.1 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
6.2 Responsibility for the security of any passwords issued rests with you.

7. AGENCY SERVICES
7.1 Agency and Term
(a) You may request that we provide you with agency services via the Website at any time. If we agree to provide the services we will confirm our agreement to you by e-mail and inform you in that e-mail of the commission payable by you together with any additional payments that will be required. This confirmation will be our offer to you to provide the services on these terms and conditions. You can accept this offer by notification to us.
(b) In accepting our offer you agree to allow us to act as the sole selling agency for sale of your property for which you provide us details (the “Property”) for a period of 16 weeks from the date on which you accept these terms and conditions or until the Property is sold, and continuing thereafter until the Property is sold or the agreement is terminated in accordance with clause 7.3 (the “Term”).

7.2 Payment
(a) You will be liable to pay us the commission and any additional payments identified in clause 7.1(a) if any of the following conditions are met:
(i) If unconditional contracts for the sale of the Property are exchanged within the Term, regardless of whether the buyer was found by us;
(ii) If unconditional contracts for the sale of the Property are exchanged after the Term to a buyer introduced to you by us during the Term, or with whom we had negotiations in relation to the Property during the Term.
For the purposes of this clause, sale shall include part exchange and transfer of equity.
(b) We reserve the right, on notification to you and at our sole discretion, to charge a lower rate of commission. We may decide to do so if:
(i) the sale of the Property involves a part exchange arrangement (whether involving a house builder or a private party) and the house builder or private party enters into a similar agency agreement with us for the sale of the Property; or
(ii) if there is a transfer of equity during the Term, provided that the rate of commission payable will be based on the marketed value of the Property rather than the sale price.
7.3 Termination of Agency
(a) After the initial period of 16 weeks following acceptance of our offer either party may terminate the agency services by giving the other 28 days notice in writing.
(b) We reserve the right to terminate the agency services if you commit a material breach of these terms and, following notification by us of that breach, you fail to remedy the breach within 30 days of our notification to you.

8. DISCLAIMER
8.1 While we endeavour to ensure that the information on the Website is correct, we do not warrant the accuracy and completeness of the material on the Website. We may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update such material.
8.2 The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Website on the basis that all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) are excluded which, but for these terms, might have effect in relation to the Website.

9. LIABILITY
9.1 Except for death or personal injury caused by our negligence (liability for which is not excluded) we shall not be liable to you for any errors, faults or omissions in this website or any services provided. In the event that we are deemed liable for an error, fault or omission in the service our liability to you shall be limited to any payments made by you to us.
9.2 If you become aware of a problem with the advertising of the Property on the Website you must inform us of the problem within 10 working days of becoming aware of it or we will have no obligation to resolve the problem. If you do inform us of a problem within 10 working days of becoming aware of it, we will work with you to resolve the problem.
9.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than under the circumstances set out in clause 4.1 above.
9.4 Notwithstanding the foregoing any conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

10. NOTICES
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at The Property Megastore, PO Box 4184, Cardiff, CF14 8AQ, or to our email address at enquiries@propertymegastore.co.uk and all notices from us to you will be displayed on the Website from to time or sent to you by the postal address or email address which you provide to us.

11. INVALIDITY
If any part of these terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

12. DATA PROTECTION
Subject to clause 4.1, the information you provide to us will be processed in accordance with our Privacy Policy. In addition, for the purpose of providing agency services it will be necessary for us to provide your information to other parties involved in the sale of your Property. By accepting these terms you consent to us using your information for these purposes.

13. THIRD PARTY RIGHTS
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

14. GOVERNING LAW AND JURISDICTION
These terms of use shall be governed by and construed in accordance with English and Welsh law. Disputes arising in connection with these terms of use shall be subject to the exclusive jurisdiction of the English and Welsh courts.