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Terms and Conditions

1. Introduction

Thank you for using our website (Website). The Website is owned, operated and provided by Estate Agent Performance Comparison Limited whose registered address is Storth View, Glossop, Derbyshire, SK13 6JN

Please read the following terms and conditions (Terms) carefully as they govern your use of the Website. Please do not use the Website unless you wish to be bound by these terms because, by continuing to use any part of the Website, you confirm your acceptance of these Terms (which also includes the Privacy Policy). If you breach any term of these Terms, your right to access and use this Website shall cease immediately.

In these Terms and Conditions (Terms), we, our and us means and you, your, Customer and Customers means any person who accesses and uses the Website.

The Website is for use in the United Kingdom only. You must not access the Website from any other jurisdiction. You are responsible for all compliance with laws and regulations which apply to you.

Changes may be made to these Terms from time to time and these terms should be checked regularly to see our most up to date Terms. By using the website after the date we make any changes, you are agreeing to the changes.

These Terms were last modified on 21/12/2016.

2. Our Services

We provide an independent online service which enables you to research and compare the services offered by, and the performance of, high street estate agents and online estate agents. Our service is free for Customers to use.

Please be aware that nothing on this Website is, or shall be deemed to constitute any advice or recommendation or endorsement by us in respect of any service referred to on this Website. Information provided as part of the service is provided for general information purposes only, should not be relied upon by you and is provided so that you can select the estate agent that you feel is most appropriate to meet your needs. Any material you obtain from your use of the service is obtained at your own risk, and we will not be liable for any loss or damage arising out of or in connection with access or use of the Website (except to the extent that such liability cannot be excluded by law).

Whilst we take steps to prevent misuse of our systems, we cannot warrant that the Website will be free of viruses or other malicious code and accept no liability for loss or damage caused from the transmission of such code. We reserve the right to add, amend, delete, edit, remove or modify any information, content, material or data displayed on this Website and without notice from time to time.

3. Intellectual Property Rights

You acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, the Website or any part of it, including the manner in which the Website is presented or appears and all information and documentation relating to it is our property (or that of our licensors) and all such rights are reserved.

For the purposes of this clause, references to intellectual property rights shall include, without limitation, all copyright, design rights, patents, inventions, logos, business names, trading names, service marks and trademarks, internet domain names, moral rights, rights in databases, data, source codes, software, specifications, know how, processes and business methods (in all cases whether registered or unregistered and including all rights to apply for registration) in and relating to the Website (including information, content, material or data displayed on it).

You may temporarily print, copy, download or store extracts of information, content, material or data displayed on this Website for your own personal use, subject to the following conditions:

  • (a) It may not be used for any commercial purposes and may not be commercially exploited, published, distributed, extracted, re-utilised or reproduced without our prior written consent.
  • (b) It may not be sold or transferred to any third party.
  • (c) You may not use any automated software, process, program or system, “Trojan horses”, robot, web crawler, spider, data mining, trawling or other 'screen scraping' software, process, program or any other harmful, contaminating or destructive features.
  • (d) You may not collect or store or attempt to collect personal data about other users of the Website.
  • (e) You may not attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Website.

4. Limitation of Liability

When you use the services on our Website, you will be provided with information about services offered by estate agents. These services are not provided by us but are instead provided by third parties over whom we do not have control.

It is your responsibility to satisfy yourself that you wish to engage with an estate agent following your use of our services. We are not responsible or liable for any loss or damage you may suffer or incur in connection with service you obtain after using this Website or for any acts, omissions, errors or defaults of any third party in connection with that service.

If you are dissatisfied with the Website or any of these Terms, your sole remedy under these Terms shall be to discontinue use of the Website.

Other than as set out in this Limitation of Liability section, and notwithstanding any other provision of these Terms, we shall not be liable in contract, tort, negligence, statutory duty, misrepresentation or otherwise, for any loss or damage whatsoever arising from or in any way connected with the Website and the Terms.

Save as expressly set out herein, all conditions, warranties and obligations which may be implied or incorporated into these Terms by statute, common law, or otherwise and any liabilities arising from them are hereby expressly excluded to the extent permitted by law.

We shall not be liable for any loss of business, loss of profits, business interruption, loss of business information, loss of data, or any other pecuniary loss (even where we have been advised of the possibility of such loss or damage).

In the event that any limitation or exclusion of liability in these Terms proves ineffective, then we shall not be liable to you for more than £250 in aggregate.

5. Your responsibilities

You must check and ensure that all information, content, material or data you provide on this Website is correct, complete, accurate, not misleading and does not breach any intellectual property rights, or any other rights, of any third parties. We do not accept any responsibility or liability for any loss or damage you may suffer or incur if any information, content, material or data you provide on this Website is not correct, complete and accurate or if it is misleading or if you fail to disclose all relevant facts.

You represent and warrant that you will not use the Website for any purpose that is unlawful or prohibited by the Terms.

You agree that you will be liable to us for any damage, loss, claim, demand, liability or expense (including reasonable legal fees) that we may suffer or incur arising out of or in connection with your use of this Website.

6. Our rights

We reserve the right at all times to edit or to remove from the Website any information or materials for any reason whatsoever, and to disclose any information we deem appropriate to satisfy any applicable law, regulation or legal process.

We reserve the right to restrict your access to the Website at any time without notice for any reason whatsoever.

We reserve the right to modify or discontinue temporarily or permanently all or part of the Website with or without notice without liability for any modification or discontinuance.

We aim to provide uninterrupted access to this Website but we give no warranty as to the uninterrupted availability of this Website. We reserve the right to suspend, restrict or terminate your access to this Website at any time.

7. Privacy

In providing you with our services, we (and our associated or related entities) may collect and use the personal data you provide to us. Our Privacy Policy provides further information on how we may use and disclose your personal information. By using the Website, you understand and accept the terms of our Privacy Policy.

8. General

Together with the Privacy Policy, these Terms constitute the entire agreement between you and us relating to your access to and use of this Website and supersedes any prior agreements or communications whether electronic oral or written between us and you in relation to the Website (including any previous terms of use of this Website).

Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms.

If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed deleted from these Terms and the validity and enforceability of the remaining provisions of these Terms shall not be affected.

If we do not act in relation to a particular breach by you of these Terms, this will not be treated as a waiver by us of our right to act with respect to subsequent or similar breaches.

These Terms and your access to and use of this Website shall be governed by and interpreted in accordance with English law.

Each of you and us submits to the exclusive jurisdiction of the courts of England and Wales in connection with these Terms and your access to and use of this Website (including any claims or disputes).

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