PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS WHEN USING https://software.onthemarket.com (“this Site”).
1.1. We are Glanty Limited, trading as “OnTheMarket Software”, a wholly owned subsidiary of OnTheMarket plc (company number 05562443), and our address is C/O Almond + Company Limited, 11 York Street, Manchester M2 2AW (referred to as “we” or “us” or “our”).
1.2.1. If you wish to make use of the services on our site as a tenant or potential tenant, our Tenant Terms and Conditions of Service will also apply to those services.
1.2.2. If you wish to make use of the services on our site or through our mobile applications as a landlord, our Landlord Terms and Conditions of Service will also apply to those services.
1.3. When you use this Site, you agree to be bound by these Terms. Please read these Terms carefully before you start to use our Site. If you do not agree to be bound by these Terms, you must not use this Site. a reference to “you” or “your” is a reference to the user of this Site.
1.4. Certain uses of this Site are prohibited and amount to a misuse of our systems and the Site. Please refer to clause 3 for further details.
1.5. We recommend that you print and keep a copy of these Terms. They are a legally binding agreement between you and us. We may change these Terms at our discretion by updating them on the Site. The then current version of these Terms will apply whenever you use this Site. Please check this page from time to time and take notice of any changes.
2. Our rights and intellectual property
2.1 The copyright and all other intellectual property rights in this Site (including all database rights, trade marks, service marks, trading names, text, graphics, code, files and links) belong to us or our licensor(s). All rights are reserved.
2.2. Subject to clause 3, you may download material from this Site for the sole purpose of using this Site. However, you must not copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information on or downloaded from this Site without our prior written consent.
2.3. You may draw the attention of others within your organisation to content posted on our site, however, you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
2.4. The word mark “teclet” is a registered trade marks of Glanty Limited, a wholly owned subsidiary of OnTheMarket plc. You must not use or copy them without our prior written consent.
2.5. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
2.6. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
2.7. If you print off, copy or download any part of our site in breach of the Terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
2.8. This Site contains links to websites operated by third parties. We have no control over their individual content. We therefore make no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites. The links are for your convenience only. We do not recommend any products or services advertised on those websites. If you decide to access any third party website linked from this Site, you do so at your own risk.
3. Your obligations and conduct
3.1. You accept that you are solely responsible for ensuring that your computer system meets all relevant technical specifications necessary to use this Site and that your computer system is compatible with this Site.
3.3. You must not misuse our system or this Site. In particular, you must not hack into, circumvent security or otherwise disrupt the operation of our system and this Site, or attempt to carry out any of the foregoing. This includes introducing viruses, trojans, worms, logic bombs or other material which is or could be malicious or technologically harmful. You must not misuse any forms on the Site and any forms you submit must be a genuine enquiry.
3.4. 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.onthemarket.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.
3.5. You must not include links to this Site in any other Site without our prior written consent. In particular (but without limiting the foregoing) you must not include in any other Site any “deep link” to any page on this Site. You may link to our home page at www.onthemarket.com provided that you do so in a way that does not (in our reasonable opinion) damage our reputation or expose us to risk. We reserve the right to withdraw linking permission without notice and without giving a reason.
3.6. Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.
3.7. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
3.8. 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.
3.9. Whenever you make use of features that allow you to upload content to our Site, or to make contact with other users via our Site, you must comply with the content standards set out in these Terms. Please see clause 4 below. You warrant that any such contribution does comply with the standards mentioned in clause 4 and you will be liable to us and indemnify us against any breach of this warranty.
4. Interactive services and content
4.1. We may from time to time provide interactive services on our site including without limitation:
4.1.1. posting of details of lettings;
4.1.2. messaging services;
4.1.3. chat rooms;
4.1.4. bulletin boards;
4.1.5. social media;
4.1.6. property portals;
4.1.7.other services from third-party providers.
4.2. Where we do provide any interactive service, We will provide clear information to you about the kind of service offered, whether it is moderated and what form of moderation is used (including whether it is human or technical).
4.3. Where we do moderate an interactive service, We will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
4.4. Our interactive services are not designed for and should not be used by children. We advise parents not to permit their children to use our interactive services.
4.5. All content that you upload to our Site will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose. We also have the right to disclose your identity to any third party who claims or alleges that content posted or uploaded by you to our Site breaches that third parties legal rights.
4.6. The views expressed by users on our Site do not represent our views or values.
4.7. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
4.8. All content that you upload to our Site must:
4.8.1. Be accurate (where you state facts);
4.8.2. Be genuinely held (where you state opinions); and
4.8.3. Comply with the applicable law in the UK and in any country from which they were posted.
4.9. Your content must not:
4.9.1. Contain any material which is defamatory of any person;
4.9.2. Contain any material which is obscene, offensive, hateful, discriminatory, unethical, immoral or inflammatory;
4.9.3. promote sexually explicit material;
4.9.4. promote violence;
4.9.5. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
4.9.6. contain any material which does or could potentially infringe the intellectual property rights of a third party;
4.9.7. be likely to deceive any person;
4.9.8. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
4.9.9. promote any illegal activity;
4.9.10. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
4.9.11. be likely to harass, upset, embarrass, alarm or annoy any other person.
4.9.12. be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or
4.9.13. give the impression that they emanate from us, if this is not the case.
4.9.14. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
4.10. We will determine in our discretion whether there has been a breach of this clause 4. Where a breach of this policy has occurred we may take such action as we deem appropriate. This action may include the following:
4.10.1. immediate, temporary or permanent withdrawal of your right to use our Site;
4.10.2. immediate, temporary or permanent removal of any posting or material uploaded by you to our Site;
4.10.3. issue of a warning to you;
4.10.4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
4.10.5. further legal action against you; and
4.10.6. disclosure of such information to law enforcement or authorities as we reasonably feel necessary.
4.11. We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and We may take any other action We reasonably deem appropriate.
4.12. In addition to all of our rights set out above, we reserve the right to take down any content that you upload to our Site at any time without notice and without having to give a reason.
4.13. We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, and We will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, We are under no obligation to oversee, monitor or moderate any interactive service We provide on our site, and We expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
5.1. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
5.3. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at OnTheMarket Software, C/O Almond + Company Limited, 11 York Street, Manchester M2 2AW or email@example.com.
6. Barring from the site
6.1. We reserve the right to bar users from this Site and/or restrict or disable their access or use of any or all elements of our services, on a permanent or temporary basis, at our sole discretion. Any such user shall be notified and must not then attempt to use this Site under any other name or through any other user.
7.1. Whilst we endeavour to ensure that any material available for downloading from this Site is not contaminated in any way, we do not warrant that such material will be free from infection, viruses and/or similar code.
7.2. Due to the nature of software and the internet, we do not warrant that your access to, or the running of, this Site will be uninterrupted or error-free. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We shall not be liable if we cannot process your details due to circumstances beyond our reasonable control.
7.3. The information provided on this Site is for general interest only and does not constitute specific advice. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
7.4. We make no warranties or representations that the property information on this Site is correct, accurate or up-to-date.
7.5. We do not guarantee that our site, or any content on it, will be free from errors or omissions.
7.6. We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and We are under no obligation to update it.
7.7. We make no warranty or guarantee that the Site or information available over it complies with laws other than those of England.
7.8. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.
8.1. Nothing in these Terms will be deemed to exclude our liability to you for death or personal injury arising from our negligence, or for fraudulent misrepresentation,or any other liability that cannot be excluded or limited by English law.
8.2. Subject to clause 8.1, we will not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control.
8.3. Subject to clause 8.1, we do not accept any liability for loss of your password or account ID caused by a breakdown, error, loss of power or otherwise caused by or to your computer system.
8.4. We may put in place such systems as we from time to time see fit to prevent automated programs being used to obtain unauthorised access to our system and this Site. You are not permitted to use automated programs for such purposes and any such use or attempted use by you of such automated programs is at your own risk. Subject to clause 8.1, we shall not be liable to you for any consequences arising out of or in connection with any such use or attempted use of automated programs to obtain unauthorised access to our system or this Site.
8.5. Subject to clause 8.1, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with:
8.5.1. use of, or inability to use, our site; or
8.5.2. use of or reliance on any content displayed on our site.
8.6. Subject to clauses 8.1 to 8.5 inclusive, if you are a business we shall not be liable to you for:
8.6.1. loss of profits, sales, business, or revenue;
8.6.2. business interruption;
8.6.3. loss of anticipated savings;
8.6.4. loss of business opportunity, goodwill or reputation; or
8.6.5. any indirect or consequential loss or damage.
8.7. Subject to clause 8.1 to 8.5 inclusive, if you are a consumer, please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
8.8. We will not be liable for any loss or damage caused by a virus, distributed denial of service attack or other technologically harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or any website linked to it.
8.9. We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
8.10. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of services to you, which will be set out in our Tenant Terms and Conditions of Service and our Landlord Terms and Conditions of Service.
9. Uploading content to our Site or our mobile apps
9.1. Whenever you make use of a feature that allows you to upload content to our site or mobile apps, or to make contact with other users of our site or mobile apps, you must comply with the content standards set out in our Acceptable Use Policy.
9.2. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage We suffer as a result of your breach of warranty.
9.3. Any content you upload to our site or mobile apps will be considered non-confidential and nonproprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site and mobile apps a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you licence to us are described in the next paragraph (Rights you licence).
9.4. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site or mobile apps constitutes a violation of their intellectual property rights, or of their right to privacy.
9.5. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site or mobile apps.
9.6. We have the right to remove any posting you make on our site or mobile apps if, in our opinion, your post does not comply with the content standards set out in our Policies.
9.7. The views expressed by other users on our site or mobile apps do not represent our views or values.
10. Rights you licence
10.1. When you upload or post content to our site or mobile apps, you grant the following licences:
10.1.1. you grant us (and our nominees) a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, store and copy that content and to distribute and make it available to third parties, to prepare derivative works of and display that content in connection with the services provided by our site or mobile apps and to promote our site, mobile apps and services.
10.1.2. you grant other users of our site and mobile apps a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, store and copy that content and to distribute and make it available to third parties for non-commercial purposes.
11. Linking to our site
11.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
11.2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
11.3. You must not establish a link to our site in any website that is not owned by you.
11.4. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
11.5. We reserve the right to withdraw linking permission without notice.
11.6. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
11.7. If you wish to make any use of content on our site other than that set out above, please contact firstname.lastname@example.org.
12. Third-party links and resources in our site
12.1. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
12.2. We have no control over the contents of those sites or resources.
13.1. All notices shall be given to us, by email at email@example.com or by post to our address provided at the beginning of these Terms.
13.2. If you have registered to use our services then we may serve a notice on you by email at the email address provided to us at the point of creating your account.
13.3. All notices sent by email will be deemed to have been received on the day that they are sent or, if sent on a national holiday in England or on a Saturday or Sunday, the next working day following the day on which the email was sent. All notices sent by post will be deemed to have been received 3 working days after the date of posting.
14. Customer feedback and quality
14.1. We try to ensure that all customer feedback is dealt with fairly and consistently, and is properly recorded. We welcome any suggestions that you make about how we may improve our service. Please write to us at Customer Services, OnTheMarket Software, using the address provided at the beginning of these Terms or email firstname.lastname@example.org. We aim to acknowledge all customer feedback.
14.2. Phone calls directed to or from our advertisers, which include, but are not restricted to, third party estate agents, letting agents and new home developers may be recorded for training and monitoring purposes.
15.1. We may from time to time change the content of this Site or suspend or discontinue any aspect of this Site, which may include your access to it. Any amendments to these Terms will be made available.
15.2. We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
15.3. If you are a business user, these Terms are the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance on any warranty or representation made by us (unless made fraudulently).
15.4. If a court decides that any part of these Terms cannot be enforced, that particular part of these Terms will not apply, but the rest of these Terms will. a waiver by a party of a breach of any provision shall not be deemed a continuing waiver or a waiver of any subsequent breach of the same or any other provisions. Failure or delay in exercising any right under these Terms shall not prevent the exercise of that or any other right. You may not assign or transfer any benefit, interest or obligation under these Terms. The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.
15.5. If you are a consumer user, please note that these Terms and their subject matter and formation (including any non-contractual dispute or claim) are governed by English Law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident in Scotland, you may also bring proceedings in Scotland.
15.6. If you are a business user, these Terms and their subject matter and formation (including any non- contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
16. Contact us
16.1. To contact us, please email email@example.com or send a letter by post to our address shown at the beginning of these Terms.
Thank you for visiting our site.