TERMS & CONDITIONS OF USE FOR WEBSITE VISITORS – PROPERTYPAL.COM AND PROPERTYPALDESIGN.COM
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITES.Last updated: 10 November 2023
Additional terms will apply where you sign up as an estate agent or developer with the ability to add listings to or advertise your services or third-party services through the Site and to review or modify these listings or advertisements (Agent Terms), or where we provide a website development and/or hosting service on your behalf (Hosting Terms), each of which will be communicated to you separately at the time you sign up.
This version 4 of these terms and conditions was last updated on 26th June 2023. Whilst any material changes to these terms and conditions will be communicated to you, please take time to review these terms and conditions periodically and check the version date for changes as you use the Site, as they will be binding upon you without further notice.
The Sites are operated by PropertyPal.com Limited, a limited company registered in Northern Ireland whose company number is NI603400 and registered address is Unit 2d Jennymount Business Park, North Derby Street, Belfast, BT15 3HN (we, us, our or PropertyPal). PropertyPal's registered VAT number is 872230537.
The Services include the Site. The Services may also be located on third party websites and/or applications either as a link from an add-on service to, or otherwise in connection with, websites and/or applications that such third parties control.
Nothing contained in any of the Services is an offer or promise to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. PropertyPal does not guarantee the price, terms, product, availability and/or services offered by any advertiser or any other third party.
PropertyPal does not own, has not created and is not responsible for, the content of any advertisement or property information provided by estate agents or other advertisers. PropertyPal makes no warranty that such information is accurate, up to date or complete. Content is not confirmed with the estate agent or other advertiser prior to being made available on the Site.
In respect of any valuation reports produced by a professional valuer or agent using PropertyPal’s comparables tool for agents (which, among other things, allows agents to filter relevant data relating to historic comparable properties held by PropertyPal).
Whilst PropertyPal have provided the software to assist the agent or valuer in preparation of the report, the report is prepared by the agent and not by PropertyPal, and no representation or warranty (express or implied) is given as by PropertyPal as to the accuracy or completeness of the information contained in this report, and, to the extent permitted by law, PropertyPal, its members, employees and agents do not accept or assume any liability, responsibility or duty of care for any consequences of you or anyone else acting, or refraining to act, in reliance on the information contained in this publication or for any decision based on it. This does not impact your contractual relationship with the agent who has produced the valuation report.
The third party property information presented on the Site may be protected by the intellectual property rights owned by the relevant estate agent or other advertiser (or other persons/companies on their behalf), and any other information is protected by our intellectual property rights. None of the information should be modified, rented, leased, loaned, sold, distributed or used to create derivative works without the agreement of the relevant estate agent, other advertiser or PropertyPal (as applicable).
For all of the Services, PropertyPal is not involved in any transactions between you and any of its advertisers, agents or third party suppliers, and is not responsible for, and does not guarantee the price or performance of, any goods, services or information provided by advertisers or third parties.
The estate agents that post listings or details are solely responsible for their accuracy and for fielding enquiries relating to those advertisements. We do not participate in any communications between you and estate agents nor in any part of a subsequent property transaction. We host details (including of properties, advisors or agents) in good faith but we have not verified them and we make no representations, warranties or guarantees, whether express or implied about them. We are also not giving you any advice (investment, financial or otherwise) in respect of any content on our Site or recommending or endorsing any properties, products or content on our Websites.
Where we list mortgage advisors in connection with property mortgages, we are not recommending the services of those parties.
If you have a dispute with one or more advertisers or third parties, you release PropertyPal from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
The Sites are made available free of charge, and without any guarantee of availability. Access to the Sites is permitted on a temporary basis. PropertyPal may suspend, withdraw, discontinue or change all or any part of the Site without notice. PropertyPal will not be liable to you if for any reason the Sites are unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to the Site.
The material on the Sites are provided for general information only. Although PropertyPal makes reasonable efforts to update the information on the Site, no representations, warranties or guarantees, whether express or implied, are made that the material on the Sites is accurate, complete or up-to-date. For specific advice on legal, financial or real estate matters, you should always seek the advice of a professional who is licensed and knowledgeable in that area, such as a lawyer, accountant or real estate agent or broker.
MODIFICATION OF PROPERTYPAL SERVICES
PropertyPal reserves the right to modify or discontinue any of the Services or portion or attribute thereof, or the offering of any information, good, Content, Materials, product or service with or without notice. PropertyPal shall not be liable to you or any third party should PropertyPal exercise this right at any time.
You must not misuse the Sites. In particular, you must not hack, circumvent security or otherwise disrupt the operation of PropertyPal's system and/or the Site nor attempt to carry out any of the above prohibited actions.
Users are solely responsible for any content and other material that they, or any members of their social network, submit, publish, display or link to on the Site (Content). You agree that by posting Content on the Site, you are granting PropertyPal a royalty-free, perpetual, sub-licensable, worldwide, irrevocable license to use this information in the course of offering the Services.
You must not upload or use inappropriate or offensive language or content or solicit any commercial services in any communication, form or email you send or submit from or to the Site.
You may not post, distribute, or reproduce in any way any copyrighted material, personal data from which any living individual can be identified (as defined within the GDPR (as defined below)) (including within any photos which are uploaded to the Site), trade marks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You agree to indemnify PropertyPal from any claim, loss or damage arising from any alleged infringement of third party rights by, or other claim, fine, cause or action (including without limitation any action for breach of GDPR) arising in respect of, any Content you upload.
You may not submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party or is violative of any laws.
You will at all times agree to not purposely provide false or misleading information on the Service. You understand that PropertyPal does not endorse or warrant any particular content or information available via the Sites.
Additionally, PropertyPal does not guarantee the authenticity of any data which users, or any members of their social network, may provide about themselves or any property.
PropertyPal assumes no responsibility for monitoring the Services for appropriate Content or conduct. If at any time PropertyPal chooses, in its sole discretion, to monitor the Services, PropertyPal nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the user, or member of the user’s social network, submitting any such Content.
No guarantee is given that the Sites will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access the Sites. You should use your own virus protection software.
You must not misuse the Sites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Sites, the server on which the Sites are stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. PropertyPal will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
COPYRIGHT AND LICENSE
All copyrighted and copyrightable materials on the Sites, including, without limitation, the design, text, search results, graphics, images, pictures, sound files and other files, and the selection and arrangement and compilation of information (Materials) thereof are ALL RIGHTS RESERVED Copyright © of PropertyPal and/or its licensors.
You are granted a limited, revocable non-sublicensable right to access the Sites, use the Services and print the Materials for your personal, non-commercial, and informational use only.
PropertyPal reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites, and to block or prevent future access to and use of the Sites.
The foregoing license grant does NOT include the right for you to:
- publish, publicly perform or display, or distribute to any Materials or Content, including reproduction on any computer network or broadcast or publications media;
- market, sell or make commercial use of the Sites, Content or any Materials;
- systematically collect and use of any data or Content including, without limitation, by the use of any data spiders, robots, or similar data gathering, mining or extraction methods;
- make derivative uses of the Sites, Content or the Materials; or
- use, frame or utilize framing techniques to enclose any portion of the Sites (including the images found at the Sites or any text or the layout/design of any page or form contained on a page).
PropertyPal does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings that may be contained in its search results and that are derived from the source website or information provided by the website owner. PropertyPal uses these images and excerpted descriptions solely as necessary to generate search results as a navigational tool to direct you to the originating website. Any use of the source images or descriptions is subject to the copyright owner' permission and/or the requirements of applicable law. PropertyPal does assert copyright and reserves all right to the search results and associated compilations.
By submitting content on our Site or otherwise providing material to us (Material), you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sub-licensable and fully transferable licence to use, reproduce, display, sell, modify and edit the Material. You waive any moral rights you may have in the Material. We will not pay you any fees for the Material and reserve the right in our sole discretion to remove or edit it at any time. You warrant and represent that you have all rights necessary to grant us such rights.
If you choose to make use of any of the paid Services available through the Sites the ways to pay will be specified on the Sites at the time you sign up for any Service. Unless otherwise specified by PropertyPal in writing, payment for all Services is required in full in advance in the currency specified and payments are non-cancellable and non-refundable, but inclusive of value added tax.
TRADE MARKS AND SERVICE MARKS
"PropertyPal" and its logos are either service marks or registered or unregistered trade marks of PropertyPal or its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without PropertyPal’s prior written permission, or that of its suppliers or licensors.
You may not use any meta tags or any other "hidden text" utilizing "PropertyPal" or any other name, trade mark, or product name of PropertyPal without prior written permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trade marks, and/or trade dress of PropertyPal, and may not be copied, imitated, or used, in whole or in part, without PropertyPal’s prior written permission.
All other trade marks, registered or unregistered trade marks, product names and PropertyPal’s names or logos appearing on the Sites are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trade mark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by PropertyPal.
If you believe that your work has been copied and has been posted to the Sites in a way that
constitutes copyright infringement, please provide PropertyPal’s copyright agent the following written
- an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed upon;
- a description of where the material that you claim is infringing is located on the Sites;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.
Before sending a notice to PropertyPal, you should confirm that you are the copyright owner or have rights to the copyright.
Postal contact information for PropertyPal’s copyright agent for notice of claims of copyright infringement is provided below:
Attn: Copyright Agent
Unit 2D, Jennymount Business Park
North Derby Street
THE SITES, THE CONTENT, THE MATERIALS, AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
YOU EXPRESSLY AGREE THAT USE OF THE SITES, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITES, IS AT YOUR SOLE RISK.
PROPERTYPAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE SITES.
PROPERTYPAL DOES NOT REPRESENT OR WARRANT THAT ANY INFORMATION, MATERIALS OR CONTENT ON THE SITES IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. PROPERTYPAL IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.
LIMITATION OF LIABILITY
PropertyPal is not responsible in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with any error, omission, deletion, interruption, defect, corruption, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any content on the Sites. PropertyPal is not responsible for any problems or technical malfunction of any computer online systems, telephone lines or networks, computer equipment, servers or providers, software, failure of any email or players due to technical problems or internet traffic or the Sites, including any injury or damage to any person's computer resulting from or related to participation or downloading materials in connection with the Sites. PropertyPal shall not be responsible for any loss or damage resulting from use of the Sites.
If you are a consumer user, please note that PropertyPal only provides the Sites for domestic and private use. You agree not to use the Sites for any commercial or business purposes, and that PropertyPal has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
IN NO EVENT SHALL PROPERTYPAL, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITES, THE MATERIALS OR SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LINKS TO OTHER SITES
The Services contain links to third-party websites. These third-party websites are not under the control of PropertyPal.
PropertyPal is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by PropertyPal of the website or any information contained therein.
PropertyPal is not responsible or liable for the contents of any linked site. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
When leaving the Sites, you should be aware that PropertyPal's terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that website.
DISCLAIMER OF RESPONSIBILITY FOR THIRD PARTY CONTENT
PropertyPal is not a publisher of Content supplied by third parties and users of the Site.
Accordingly, PropertyPal has no more editorial control over such content than does a public library or book shop.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not PropertyPal.
In many instances, the content available through the Sites represents the opinions and judgments of the respective information providers or users.
PropertyPal does not endorse any third parties or third party content, and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the site by any third party.
In particular, you should note that PropertyPal may host advertisements promoting third-party financial advisory services, including mortgage protection and general insurance advice (together Advisory Services) offered by third-party service providers (Advisors). Such Advisors have been nominated by the relevant estate agent or member posting corresponding property listings on our website, and pay for these advertisements.
PropertyPal is not affiliated with and does not endorse such Advisors. Such Advisors are, to our knowledge, each independently authorised and regulated by the Financial Conduct Authority (FCA) and permitted by the FCA to carry on the authorised regulated Advisory Services to which their authorisation relates and which are advertised on our site. Any complaints relating to the Advisors and/or their Advisory Services should be made separately to the FCA or the Advisor directly, and PropertyPal is not responsible for them or the advice they provide. Such Advisors are not representatives of PropertyPal and have no authority to bind PropertyPal in any way.
PropertyPal makes no warranty as to the accuracy or completeness of the aforementioned advertisements and accepts no liability for any reliance on the Advisory Services. Any use of or reliance upon the Advisory Services is at your own risk. You should be aware that the Advisors will have their own terms and conditions which you must comply with.
You agree to release PropertyPal from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes with the Advisors.
You should carefully consider, and if appropriate take independent advice, before taking, or refraining from, any action on the basis of the content on our website.
CHOICE OF LAW, WAIVER, AND CLAIMS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how PropertyPal has handled any complaint, you may want to contact the alternative dispute resolution provider PropertyPal uses. You can submit a complaint to Pro Mediate UK Limited via their website at www.promediate.co.uk. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr/.