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UBUYPRIVATE GENERAL TERMS AND CONDITIONS

By using the services of U Buy Private Limited (“uBuyPrivate”), you (“the User”) are deemed to have accepted the terms and conditions laid out here.  These terms and conditions and the contract of which they form part shall be governed by English law

1. Responsibility of the User
Users are expected to treat our services and other users contactable through UBuyPrivate in a sensible, responsible and honest manner. Misuse of our services may result in users being struck off our customer database.

  1. Operation of the Web Site
    1. UBuyPrivate shall
      1. Reserve the right to take operational decisions affecting the web site
        1. Take the web site off line without notice for essential maintenance, technical reasons or upgrades.
        2. Vary the technical specifications of the web site (or any part of it) for operational reasons
        3. Remove any or all of the information which uBuyPrivate reasonably believe is impairing the operation of the web site
        4. Remove or amend any of all of the information which uBuyPrivate reasonably believe is unlawful or has been placed on the web site in breach of agreement
      2. Use all reasonable endeavours to ensure the continued confidentiality of its account identification of its account identification details, passwords, security encryption devices and other confidential information relating to the web site or the customer
      3. Keep confidential and take all reasonable steps to ensure the continued confidentiality of the dealings conducted by the web site.
      4. Use all reasonable endeavours to ensure that the web site shall remain secure and that information not generally available to a third party accessing the web site shall remain confidential
      5. Comply with all of the applicable provisions of the Data Protection Act 1998
  2. Liability
    1. UBuyPrivate shall provide the web site ‘as is’ and ‘as available’.  It is agreed that it is technically impossible to guarantee that the web site will be uninterrupted, free from errors or that the web site will be free from unauthorised users or ‘hackers’. For the avoidance of doubt, we provide no warranty that the services will be uninterrupted
    2. Except as expressly set out in these conditions, UBuyPrivate makes no warranties or representations either express or implied in relation to the whole or part of the Web Site, including (but not limited to) implied terms, warranties or conditions of title, usability, condition, non-infringement of intellectual property rights, completeness, accuracy, satisfactory quality or fitness for a particular purpose thereof or that the Web Site will be uninterrupted or error free, that it will meet any particular criteria of performance or quality. All such warranties, terms and undertakings (whether express or implied, statutory or otherwise) in respect of the availability and operation of the Web Site are hereby expressly excluded
    3. We do not accept any liability in connection with the operation of any external website or resource which you many access when using the Web Site. Your rights and obligations in relation to the operation of the relevant resource or website shall be governed by the terms and conditions of the relevant data provider
    4. Nothing in these terms and conditions shall exclude:-
    5. uBuyPrivate’s liability for death or personal injury arising from uBuyPrivate’s negligence or that of its servants, agents or employees; or
    6. any other liability which it is prohibited from excluding by law.
  3. Indemnity

You agree to indemnify and hold uBuyPrivate and (as applicable) its, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these terms and conditions (including any documents incorporated by reference), or your violation of any law or the rights of a third party

  1. Changes to these Conditions

We reserve the right at any time without notice to revise these conditions. Any changes to these conditions will be notified to you in a manner determined by us and be posted on our site and by continuing to use our site following any such notifications you will signify that you agree to be bound by the revised terms and conditions of use.

  1. Copyright
    1. You can print hard copies of any material on the website(s) for your own personal use. Any material on the website(s) is not to be used for commercial use. All other forms of copying are prohibited
    2. All content published by UBuyPrivate such as images, news items, property decisions and all other content are copyright of UBuyPrivate.  This information cannot be reproduced in any other advertisement or marketing, unless UBuyPrivate has granted written consent. 
    3. Any and all intellectual property rights created, developed or arising directly or indirectly out of the performance of the Service including without limit those created as a result of any amendment or upgrade to UBuyPrivate or subsidising in any materials provided by us in the performance of the Services shall vest in us and remain at all times our property
  2. Privacy Policy

All details supplied to UBuyPrivate as a registered user will be safeguarded both by our privacy policy and also by the 1998 Data Protection Act

UBUYPRIVATE ADVERTISING TERMS AND CONDITIONS

By submitting an advertisement to the uBuyPrivate web site, you are deemed to have accepted the terms and conditions laid out here.  These terms and conditions and the contract of which they form part shall be governed by English law

  1. Definitions and Interpretation
    1.  ‘Customer’ means the person placing the advertisement on the web site
    2. ‘The Service’ refers to the on-line property advertising purchased by the customer and provided through the website network of uBuyPrivate
    3. ‘The Web Site’ means the web site operated by uBuyPrivate having the world wide web address ‘www.uBuyPrivate.co.uk’
    4. ‘uBuyPrivate’ means U Buy Private Limited (Company registration Number 05619961) whose registered office is situate at 5 York Crescent, Newton Hall, Durham, DH1 5PU
  2. Display of Information
    1. Responsibility of the Customer
      1. You must choose a User ID and password to create an account in order to use the Service. The Customer shall promptly provide uBuyPrivate with such information as they may request for the purposes of creating and maintaining your account and ensure that such information is true and accurate and up to date in all respects at the time it is provided and for the duration of your account
      2. The Customer shall ensure that the information supplied (including all that relating to the property) shall;
        1. be honest, accurate and not misleading;
        2. not infringe the copyright, design, privacy, date protection, trade mark or any rights of any third party and is not obscene, libellous or defamatory; and
        3. not breach any other law or regulation.
      1. uBuyPrivate are not responsible for the accuracy of the information supplied.  The Customer will pay to uBuyPrivate an amount equal to any loss, damage or expense which may occur as a result of the information failing to comply with clause 2.1.2 above.
      2. The Customer shall keep confidential or take all necessary steps to ensure the confidentiality of its account details, passwords and other confidential data relating to the web site and notify uBuyPrivate immediately in the event of any party other than those individuals specifically authorised by the Customer obtaining its password or using its account identification details
      3. The Customer must hold legal title with the sole right to sell the property or have legal power of attorney to do so on the behalf of the property owner.
      4. The Customer shall set his/her own selling or rental price.
      5. The figures advertised on the web site shall be created and applied by the Customer.
      6. The assembly and placing of ‘for sale’ and ‘to let’ boards by the customer must be in compliance with the local planning authority regulations.
      7. All viewings of the property must be arranged and carried out by the customer.
      8. The Customer understands since 14th December 2007 every home put on the market for sale, no matter what size, must have a Home Information Pack. The customer agrees to have a valid Home Information Pack in place at the time of advertising on uBuyPrivate.co.uk. Further details can be found at www.homeinformationpacks.gov.uk
    2. The Customer may not
      1. Place links to external web sites or other website URLs.
      2. Place more than one property address in any one Service
      3. Use any material within an advertisement that the Customer does not own or possess the rights to
  3. Operation of the Web Site
    1. uBuyPrivate shall
      1. Advertise the property ‘for sale’ or ‘to let’ on uBuyPrivate and partner websites (if applicable) within 5 working days (This time period is only a guide and may vary)
      2. Continue to list a property on the uBuyPrivate and partner web site (if applicable) which has been ‘sold’ or ‘let’ until the end of the specified subscription term
      3. Be able to collect information about the Customer’s use of the site including information regarding the use of e-mails and/or letters sent to the customer.
      4. Reserve the right to take operational decisions affecting the web site
        1. Take the web site off line without notice for essential maintenance, technical reasons or upgrades.
        2. Vary the technical specifications of the web site (or any part of it) for operational reasons
        3. Remove any or all of the information which uBuyPrivate reasonably believe is impairing the operation of the web site
        4. Remove or amend any of all of the information which uBuyPrivate reasonably believe is unlawful or has been placed on the web site in breach of agreement
      1. Use all reasonable endeavours to ensure the continued confidentiality of its account identification of its account identification details, passwords, security encryption devices and other confidential information relating to the web site or the customer
      2. Keep confidential and take all reasonable steps to ensure the continued confidentiality of the dealings conducted by the web site.
      3. Use all reasonable endeavours to ensure that the web site shall remain secure and that information not generally available to a third party accessing the web site shall remain confidential
      4. Comply with all of the applicable provisions of the Data Protection Act 1998
  4. Liability
    1. uBuyPrivate shall provide the web site ‘as is’ and ‘as available’.  It is agreed that it is technically impossible to guarantee that the web site will be uninterrupted, free from errors or that the web site will be free from unauthorised users or ‘hackers’. For the avoidance of doubt, we provide no warranty that the services will be uninterrupted
    2. Except as expressly set out in these conditions, uBuyPrivate makes no warranties or representations either express or implied in relation to the whole or part of the Web Site, including (but not limited to) implied terms, warranties or conditions of title, usability, condition, non-infringement of intellectual property rights, completeness, accuracy, satisfactory quality or fitness for a particular purpose thereof or that the Web Site will be uninterrupted or error free, that it will meet any particular criteria of performance or quality. All such warranties, terms and undertakings (whether express or implied, statutory or otherwise) in respect of the availability and operation of the Web Site are hereby expressly excluded
    3. We do not accept any liability in connection with the operation of any external website or resource which you many access when using the Web Site. Your rights and obligations in relation to the operation of the relevant resource or website shall be governed by the terms and conditions of the relevant data provider
    4. The Customer agrees that the maximum aggregate liability of uBuyPrivate for any loss or damage whatever arising from or in any way connected with these conditions shall, in respect of any one or more events or series of events (whether connected or unconnected) take in place within any twelve month period shall not exceed the total amount paid by the Customer to uBuyPrivate, to the value of the advertising fee received
    5. Nothing in these terms and conditions shall exclude:-
    6. uBuyPrivate’s liability for death or personal injury arising from uBuyPrivate’s negligence or that of its servants, agents or employees; or
    7. any other liability which it is prohibited from excluding by law.
  5. Indemnity
    1. You agree to indemnify and hold uBuyPrivate and (as applicable) its, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these terms and conditions (including any documents incorporated by reference), or your violation of any law or the rights of a third party

  6. Subscription
    1. All subscriptions are over a 12 month period only and apply to individual properties.  If after such time the Customer wishes to continue advertising the property a renewal fee will be applied.  There is no limit to how many properties that the Customer may advertise.
    2. An upgrade service is available at anytime during the 12-month subscription and will apply to the remainder of that subscription period.  A downgraded service is not available
    3. The Customer may cancel their subscription at any time within 5 working days of subscribing for the Service.  After this period has elapsed the Customer will have committed for the 12 month period.
  7. Changes to these Conditions
    1. We reserve the right at any time without notice to revise these conditions. Any changes to these conditions will be notified to you in a manner determined by us and be posted on our site and by continuing to use our site following any such notifications you will signify that you agree to be bound by the revised terms and conditions of use.
  8. Copyright
    1. Any property details and/or photographs submitted have to be under the ownership of the customer and must not be from any other source without the consent of the rightful owner and (for the avoidance of doubt) photographs from estate agents are not to be used unless express permission has been granted
    2. In publishing the advert the customer agrees to grant a licence to uBuyPrivate allowing the use of information provided by the customer to print, display and advertise the property.
    3. The Customer can print hard copies of any material on the Web Site for personal use. Any material on the Web Site is not to be used for commercial use. All other forms of copying are prohibited
    4. All content published by uBuyPrivate (save for that provided by customers) such as images, news, items property decisions and all other content are copyright of uBuyPrivate.  This information cannot be reproduced in any other advertisement or marketing, unless uBuyPrivate has granted written consent. 
    5. Any and all intellectual property rights created, developed or arising directly or indirectly out of the performance of the Service including without limit those created as a result of any amendment or upgrade to uBuyPrivate or subsidising in any materials provided by us in the performance of the Services shall vest in us and remain at all times our property
  9. Privacy Policy
    1. All details supplied to uBuyPrivate with your on-line advertisement will be safeguarded both by our privacy policy and also by the 1998 Data Protection Act