Terms of Use

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This website is the property of Rex Clement Limited, whose registered office is 16 Beaufort Court, London, E14 9XL.   In all following paragraphs, the terms "you" / "your" refers to the customer / advertiser / vendor. "We" / "us" / "ours" refers to Rex Clement Limited trading as "Buy From The Owner".

These terms of use are separated into 2 sections, (i) those at Section (A) below which are applicable to customers who are using our services to advertise their property ("Property"); and (ii) those at Section (B) below which are applicable to all users of the website.

(A) TERMS APPLYING TO CUSTOMERS WISHING TO ADVERTISE THEIR PROPERTY

1. Following completion by you of the registration form, in order for us to provide services to you (as more fully particularised below), you should select which Package you would like us to provide to you. For the purposes of these terms and conditions, "Package" means either of our standard, standard-plus or premier services.

2. Where you select the:

(a) Standard Package, the Property details (including any photographs and/or graphical representations) of the Property provided by you to us (the "Property Details") will be posted on our website www.buyfromtheowner.co.uk (the "Website") for a period of two weeks;

(b) Standard-Plus Package, we shall provide the services described in our standard Package but for a total of six weeks, and in addition, the Property Details shall also be optimised for all main search engines; or

(c) Premier Package, we shall provide the services described in our standard-plus Package but until the property is sold.

We reserve the right to amend the Property Details, for example in the event of any errors (whether of a typographical nature or otherwise) or to enable the Property Details to be properly displayed on the Website.

3. Our fees for providing any Package to you shall depend upon the choice of Package selected by you together with the asking price for the Property. Please refer to price and savings calculator here.

4. Clause 8(3) of The Consumer Protection (Distance Selling) Regulations 2000 states that the statutory cancellation (cooling-off) period of 7 days for services purchased over the internet, does not apply where performance of that service has already commenced with the customer's agreement. Our online payment facilities are designed to activate your public advertising automatically and therefore, by making a payment for advertising on this site you signify your agreement to the advertising service commencing immediately and that the standard cooling-off period does not apply as per clause 8(3) of the Regulations. The above does not affect your right to cancel your property advertising within 24 hours for a full refund.

5. In providing the Property Details you warrant, represent and undertake to us:

(a)  that at all relevant times you hold good title to the Property;

(b)  that at all relevant times the Property is not the subject of any claims arising out of civil or criminal litigation or other proceedings;

(c)  that the Property Details are correct, accurate and not misleading;

(d)  that you own full title to the Property Details and you agree to grant an irrevocable (subject to clause 6 in Section (A) below) license to us for the purposes of publishing the Property Details on the Website (and on other third-party sites, as applicable). For the avoidance of doubt, you acknowledge and agree that you cannot use photographs from estate agent's particulars without their express permission and that it is your responsibility to ensure that you have copyright over any materials supplied to us for publication on your behalf and you agree to indemnify us in respect of any and all claims, losses, damages, costs, fees and expenses suffered and/or incurred by us as a consequence of any third party claims for actual or alleged breach of any intellectual property rights in the Property Details.

(e) that at the point of placing your advert, you have applied for a Home Information Pack (HIP). 

5. You undertake to notify us immediately upon the earlier of the sale of the Property or in the event that you are no longer seeking to sell the Property.

6. You may request at any time that we cease providing the services to you and the Property Details be removed from the Website (and any third-party websites, where applicable) by sending an email to us at info@buyfromtheowner.co.uk. We shall comply with such request as soon as practicable. Provided the request is received by us within 24 hours of the instruction to proceed with the service, we shall refund to you all fees paid. In the absence of any notification, we shall continue to provide the services to you (except where we, acting in our sole discretion, believe that you are in breach of clause 5 of Section (A) of these terms and conditions).

7. For the avoidance of doubt, we in no way guarantee the sale of the Property whether as a result of displaying the Property Details on the Website (or on any third-party website, where applicable) or otherwise.

8. You acknowledge and agree that where you have selected a Package that involves the publication of the Property Details on a third-party website, any such website is not owned or controlled by us and accordingly we can not be held liable for the acts or omissions of any third-party having ownership and/or control of the same.

9. In addition to the services described above, upon request and for such fee as is agreed with you, we shall provide to you a "For Sale" board to be displayed at the Property. Any fee paid in respect of this service is in addition to those fees described at clause 3 of Section (A) above and, due to the bespoke nature of the service, is non-refundable immediately upon instruction.  Delivery timeframes for "For Sale" boards is 5 - 10 working days from the date of order.

(B) TERMS APPLYING TO ALL USERS OF THIS WEBSITE

1. Copyright and Trade Marks

The content of the pages on this Website are ©Rex Clement Limited 2008. Reproduction of part or all of the contents in any form is prohibited other than a licence to re-copy for limited purposes in accordance with the following permissions:

(a) you acknowledge the Buy From The Owner web page as the source of the material. You must include such acknowledgement and the Buy From The Owner web address (www.buyfromtheowner.co.uk) in the copy of the material; and

(b) you must inform the third party that all these terms and conditions apply to him/her and that he/she is bound by them.

This licence to re-copy does not permit incorporation of the material or any part of it in any other work, publication, or website whether in hard copy or electronic or any other form. In particular (but without limitation) no part of Buy From The Owner web pages, including but not limited, to photographs, property details, may be distributed or copied for any commercial purpose. You may not frame this site without the express consent of Rex Clement Limited. The Buy From The Owner logo is a trade mark registered in the name of Rex Clement Limited in the UK. Reproduction of this trade mark other than in order to view this website is prohibited.
 
2. General Disclaimer

We take all reasonable care to ensure that the information contained on this Website is accurate, however, we cannot guarantee its accuracy and we reserve the right to change the information on this Website (including these terms and conditions) at any time. You must therefore check these terms and conditions for any such changes each time you visit this website.

We makes no representations or warranties of any kind with respect to this Website or the content contained on it, including any text, graphics, advertisements, links or other items. Further, neither we nor any other contributor to this Website make any representation or gives any warranty, condition, undertaking or term either expressed or implied as to the condition, quality, performance, accuracy, fitness for purpose, completeness or freedom from viruses of the content contained on this website or that such content will be accurate, up to date, uninterrupted or error free. Nothing on this website shall be regarded or taken as financial advice.

You acknowledge that you are solely responsible for the use to which you put this Website and all the results and information you obtain from it and that all warranties, conditions, undertakings, representations and terms whether expressed or implied, statutory or otherwise are hereby excluded to the fullest extent permitted by law.

You agree that, to the extent permitted by applicable laws and regulations, we shall not be liable, whether for negligence, breach of contract, misrepresentation or otherwise, for any loss or damage howsoever caused that you may incur as a consequence of our provision to you of the services described in these terms and conditions (where you have requested a Package under the terms and conditions at Section (A) of these terms and conditions) and/or arising out of or in relation to or in connection with your access to or use of or inability to use this Website.

Whilst we take every care to ensure that the standard of this Website remains high and to maintain the continuity of it, we do not accept any ongoing obligation or responsibility to operate this Website (or any particular part of it).

3. Data Protection Act 1998 (the "Act")

We respect and value the security and privacy of those we contact and who contact us. We follow strict security procedures in the storage and disclosure of personal information in order to prevent unauthorised access. Personal Data (as defined in the Act) is held on our contacts and administration database.  As such we hold client contact details and the history of our client relationship. This allows us to manage our client relationships effectively and to target items of interest so that you do not receive unwanted material through the post.

In accordance with your rights under the Act, you may request the amendment of the personal information held or to cease receiving direct marketing materials. We do not sell, rent or deal in the personal information we hold. Information may, in the ordinary course of business, move between us, our associated companies and to our contractors, which may involve the transfer of data outside the European Economic Area.

4. Miscellaneous

If any part of our terms and conditions is deemed to be 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.

These terms and conditions and your use of this Website are governed exclusively by English law and the courts of England and Wales shall have the exclusive jurisdiction to hear any claims or disputes arising in connection with them. This does not affect your statutory rights as a consumer. 

Rex Clement Limited is registered in England and Wales (registered number 5876531). Our registered office is at 16 Beaufort Court, London, E14 9XL.


Updated: 19 June 2009