WORLDWIDE PROPERTY SALES – TERMS AND CONDITIONS
Website User – terms and conditions
We are not a property sales agency. We are the providers of this website. Our advertisers include estate agents, property developers and overseas home owners and they are displaying their property/properties for you to view. The details of the properties provided on this website are provided to us by third party estate agents, property developers and overseas home owners for your information only.
The content of all pages within this website is for your general information and use only. It is subject to change without notice. Neither we, nor any third party advertisers, can provide any warranty or guarantee as to the accuracy, completeness or suitability of the information found or offered on this website for any purpose or that the information is up to date. You understand that the information may therefore contain inaccuracies or errors and we expressly exclude any liability for any such inaccuracies or errors to the fullest extent permitted by law.
You are using this website and any details provided entirely at your own risk. It is your responsibility to ensure that any information or details within this website meet your specific requirements and you should make your own investigations as to the accuracy of any information you may then need to rely upon.
When you use any forms on this website to enquire about a property, your details will be sent by email directly to estate agents, property developers and overseas home owners. We do not accept any liability for any subsequent communications that you receive directly from that estate agent, property developer and overseas home owner.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, appearance and graphics. The reproduction of any content is prohibited other than in accordance with the copyright notice, which therefore forms part of these terms and conditions.
Any unauthorised use of this website, or content of this website may result in a claim for damages and/or be a criminal offence.
You are responsible for ensuring that the technical specification of your computer system meets that required to use this website and that it is compatible with this website.
You must not display or upload any inappropriate or offensive language or content when using this website.
You must not hack into, breach the security of or otherwise disrupt the operation and running of this website or attempt to do so. This includes the introduction or attempt to introduce viruses, trojans, worms or any other material that could be malicious or technologically harmful.
You must not misuse any forms that you submit to Worldwide Property Sales or its members and these forms must represent a genuine enquiry.
We occasionally include links within this website to other websites. These links are provided for your convenience to provide further information. These links do not signify that we endorse these website(s). We have no responsibility for the content of the linked website(s).
You are not permitted to create a link to this website from another website or for any other use without the written consent of Worldwide Property Sales.
Your use of this website, any issue arising out of your use of the website, the content of these terms and conditions and any dispute arising are subject to the exclusive jurisdiction of the courts of England and Wales.
Website Advertiser – terms and conditions
1. Acceptance of terms and conditions
1.1 These terms and conditions, together with the order form/website order form the basis of the terms on which we can provide advertising to you. Please ensure that you read these terms and conditions before confirming acceptance of your order.
1.2 The contractual agreement between us is created when you confirm in writing (including electronically), or by agreeing to a membership package on our website, that you have accepted our offer, unless terminated by you in writing (or electronically) within 14 days of the date on which you confirmed your membership package.
1.3 You confirm and warrant that you have the authority to enter into the terms and conditions of the agreement and can fully perform your obligations under these terms.
2. Payment for advertising
2.1 The cost of the advertising will be as agreed between us and confirmed in our confirmation. The rate is exclusive of UK Value Added Tax (“VAT”).
2.2 We reserve the right to review our prices, however will not increase these prices within the time period of the agreement. You can obtain details of new prices, if applicable, at the point of renewal of our agreement by contacting us.
2.3 Advertising is to be paid for in advance. If payment is not received by the due date, then your property listings may be removed, and your account may be cancelled, however you will still be liable for the cost of your membership package for the remainder of the agreed term.
2.4 If payment is to be by monthly instalments, the due dates will be agreed upon confirmation of your order.
3. Provision of advertising
3.1 It is your responsibility to provide us with your property listing/s, contact details, photographs, advertisement etc vis the portal to ensure that your property/properties is/are listed and advertised correctly.
3.2 We reserve the right to bar users from our website and block access to all elements of our services at our sole discretion.
4. Your obligations
4.1 You confirm and warrant that your advertising is not and will not be unlawful, promote illegal activities, nor is it for an improper purpose, be pornographic or obscene, harmful, offensive, harassing, threatening, inappropriate, defamatory, abusive or hateful or otherwise degrading or intimidating to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
4.2. Your advertising will not be misleading or deceptive and the correct asking price of any property for sale must be displayed at all times.
4.3 Advertising will not be in breach of any copyright nor shall it infringe the rights of a third party or could leave us liable to claim, legal proceedings or other sanction.
4.4 You confirm and warrant that:
4.4.1 You have the necessary licences, rights, consents, and permissions to authorise us to publish your advertisement and you agree to give us evidence of all such licences, rights, consents, and permissions if requested by us.
4.4.2 Your advertisement will comply with all applicable codes of practice, laws and regulations (including but not limited to the British Code of Advertising, Sales Promotion and Direct Marketing). 4.4.3 All photographs will be original and correct and not have been altered or falsified in any way. Photographs and other images used will not display further advertising or message and must represent the property advertised, unless clearly stated that the image used represents, is an artist’s impression or architect’s illustration of the property.
4.5 If promoting or advertising financial products your advertisement will comply with all necessary Financial Services legislation and any further rules and regulations specified by the Financial Services Authority.
4.6 You agree that any photographs, artwork and/or digital files submitted for advertising by you are held by us at your own risk and you are responsible for ensuring that you have the correct permissions to allow these items to be distributed.
4.7 You must not use or attempt to use any automated program (including, without limitation, any spider or other web crawler) to access our system or this Site, or to search, display or obtain links to any part of this Site, other than the home page at www.worldwidepropertysales.com, unless the automated program identifies itself uniquely in the User Agent field and is fully compliant with the Robots Exclusion Protocol (a “Permitted Program”). Any such use or attempted use of an automated program (other than a Permitted Program) shall be a misuse of our system and this Site. Obtaining access to any part of our system or this Site by means of any such automated programs (other than a Permitted Program) is strictly unauthorised.
4.8 You must not include links to/from this website to/from any other website without our prior written consent. In particular, you must not include in any other website any link to any page on this website other than the home page at www.worldwidepropertysales.com without our prior written consent.
5. Intellectual property
5.1 All intellectual property rights on the website and copyright are owned by us and our licensors and shall remain at all times the property of us or our licensors.
5.2 The names, images and logos identifying us, our partners or third parties and our/their products and services contained on the website are proprietary marks and may not be reproduced or otherwise used without written permission from Worldwide Property Sales.
5.3 Unless expressly stated otherwise, nothing contained in these terms and conditions should be interpreted as giving you any licence or right to use any trade mark, patent, design right or copyright of Worldwide Property Sales or of any third party.
5.4 You retain all intellectual property rights in any materials or advertisements submitted by you. Where we have contributed artwork or agreed amendments to your advertisements, you may not reproduce, publish, modify, copy, license or use such materials or advertisement in any way without our prior written consent.
5.5 By agreeing to advertise with us you allow us a worldwide, perpetual, non-exclusive, royalty-free licence to copy, use, edit, reproduce, modify, store, translate, distribute and to display your materials or advertisements by any medium in our sole discretion throughout the world for the full term of copyright.
6. Cancellation of your advertising package
You may cancel or suspend an agreement for advertising by giving us written notice at any time. You will be liable for the full price for the full term of the advertising membership package.
7. Termination of agreement
7.1 These terms and conditions will become binding on you and us from the date of confirmation of your agreement and will continue until either party terminates these terms and conditions in a manner set out in this agreement.
7.2 We reserve the right to terminate these terms and conditions without notice and without refunding any payments made in the following circumstances:
7.2.1 If you breach any of the provisions of these terms and fail to remedy such breach within seven (7) days of being notified by us of the breach;
7.2.2 If you become insolvent, propose an individual, company or partnership voluntary arrangement, have a receiver or administrator appointed over the whole or any part of your business or assets, bankruptcy or dissolution (including the appointment of provisional liquidators/interim receivers or special managers) or if you propose or enter into any arrangement with your creditors or if you cease or threaten to cease to carry on business.
7.2.3 If you fail to pay any sums due to us by the due date or if any payments made by you are refused by your card issuer or bank.
7.3 If you fail to pay us sums due we may:
7.3.1 Cancel any orders you make or have made for any advertising;
7.3.2 Charge you interest on the overdue amount at the rate of 8% per annum above the base rate of Lloyds TSB Bank Plc and interest will be payable both before and after any judgement or court order is made against you by any court of competent jurisdiction);
7.3.3 charge you any expenses, debt collection costs and legal expenses we incur in respect of obtaining the sums owed to us by you.
7.4 Following termination of these terms and conditions, both parties shall have no further obligations or rights under these terms, without prejudice to those which have accrued to either party prior to termination.
You agree to indemnify Worldwide Property Sales from and against any losses, demands, claims, damages, costs, expenses and liabilities suffered or incurred by us in consequence of any breach by you during the period of the agreement or as a result of any acts or omissions by you in connection with your purchase of advertising.
10. Limitation of liability
10.1 Nothing in these terms shall limit or exclude our or your liability for death or personal injury resulting from our negligence or for fraud.
10.2 Nothing in these terms shall limit or exclude our or your liability for fraud or fraudulent misrepresentation.
10.3 Our maximum liability in respect of any loss or damage suffered by you and arising out of or in connection with these terms, shall not exceed the total amount paid by you to during the term of our agreement during which you suffered the loss or damage.
10.4 We shall not be liable, in contract, tort (including negligence or misrepresentation) or for breach of statutory duty or in any other way for:
10.4.1 Any loss arising from or in connection with loss of revenues, profits, contracts or business or failure to realise anticipated savings; or
10.4.2 Any loss of goodwill or reputation; or
10.4.3 Any indirect losses suffered or incurred by you arising out of or in connection with these terms and conditions.
10.5 We will not be liable for any loss or damage suffered by you resulting from any transaction or contract that you may enter into with a third party association of Worldwide Property Sales.
10.6 To the maximum extent permitted under any applicable legislation or regulation we exclude all conditions and warranties implied into these terms.
11. General terms
11.1 We may at any time, upon having given written notice to you, assign any rights under these terms and conditions. You shall not without our prior written consent assign any rights under these terms, or sub-contract any or all of your obligations. Any purported assignment by you in breach of this clause shall confer no rights on the purported assignee.
11.2 No delay or failure by us to enforce any provision of these terms will be deemed a waiver or create a precedent or will prejudice our rights.
11.3 Any notice, consent, agreement or approval sent by either party must be in writing and must be sent either by e-mail (to our email address listed below) or post to our/your last known address.
11.4 These terms and conditions, and any documents provided by us at the same time as your agreement to these terms and conditions, comprise the entire agreement between the two parties. It supersedes all prior communications or agreements. No alteration, addition or amendment to these terms and conditions shall be effective or enforceable unless it is confirmed in writing and agreed by the parties.
11.5 We may change these terms and conditions at any time without notice to you however any changes will only apply to any future advertising agreement, following the agreed time period of the initial agreement, for the change/s to become effective. The parties will both be bound by the terms and conditions that are current as at the date of the agreement. We will notify you of any material changes that we are making to these terms and conditions that may affect you in the future and provide you with a copy of the revised terms and conditions.
11.6 These terms shall be governed by and interpreted in accordance with English law and each party irrevocably submits to the exclusive jurisdiction of the English courts.
11.7 If any documented term within these terms and conditions is, or becomes for any reason, invalid or unenforceable at law, the validity and enforceability of the remaining terms will not be affected.
11.8 Nothing in these terms and conditions will create or be interpreted as creating a partnership, joint venture or legal joint relationship of any kind between the parties and neither party shall have authority to commit the other in any way, except as allowed for in these terms and conditions.
11.9 You may not advertise properties for sale which are located in a location which is not recognised as an independent country by the United Nations and/or where the United Nations, European Union have identified difficulties in establishing clear title to land and/or real estate.
11.10 You may not promote or advertise services that we consider to be competitors to Worldwide Property Sales, including websites that list properties being marketed by an agent other than you or more than one developer, except where you are acting solely as agent rather than as media owner.
11.11 We may restrict you from advertising or promoting certain properties or services in your advertisement at our discretion.
12. Confidentiality agreement
Both parties undertake that it will not at any time before, during or after the time period of agreement disclose to any person, except to its professional representatives or as may be required by law or any legal or regulatory authority, the terms and conditions forming the basis of our agreement or any confidential information concerning the business or affairs of the other party that it may be aware of or become aware of in the future. Neither party shall use any such confidential information except for the performance of these terms and conditions.
13. Force Majeure
Neither Worldwide Property Sales or the advertiser shall be liable for any delay or non-performance of any of its obligations under these terms and conditions caused by a Force Majeure event that is beyond their control, including but not limited to, strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, fire, flood, storm, and where they are beyond our reasonable control, any other acts, events, omissions or accidents provided that the affected party gives prompt notice in writing (or electronically) to the other party of the event and uses reasonable endeavours to continue to perform its obligations to the terms and conditions.
14. Our details
14.1 52 Degrees North (Cheltenham) Ltd trading as Worldwide Property Sales is a company registered in England and Wales under registration number 7701874. Our registered address is c/o 4 Old Park Lane, Mayfair, London, England, W1K 1QW.
14.2 Should you have any questions, complaints or comments please contact us by email: firstname.lastname@example.org