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.

By accessing and using this website at www.propertypal.com (the Site), and making use of the services available on it, or www.propertypaldesign.com (the Design Site) (the Site and the Design Site together the Sites and the services on both collectively, the Services), you explicitly agree to comply with and be bound by the following terms and conditions (the Terms of Use), which PropertyPal.com may change at any time and any other terms and conditions referred to in these Terms of Use, including PropertyPal.com's privacy policy available at www.propertypal.com/privacy (Privacy Policy) and its cookie policy available at www.propertypal.com/cookie-policy.

Additional terms will apply where you sign up as an estate agent or developer with the ability to add submissions to the Site and to review or modify these submissions (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.

In the event of any conflict or inconsistency between the Agent Terms, the Hosting Terms, these Terms of Use, the Privacy Policy and the Cookies Policy, the documents will be construed in an order of priority, with the documents appearing earlier in the list taking precedence over the documents appearing later in the list.

This version 2 of these terms and conditions was last updated on 25 May 2018. 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.

GENERAL

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. PropertyPal.com's registered VAT number is 872230537.

Access to and use of the Services is governed by these Terms of Use.

SERVICES

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.com does not guarantee the price, terms, product, availability and/or services offered by any advertiser or any other third party.

PropertyPal.com 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.com 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.

The 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). None of the property information should be modified, rented, leased, loaned, sold, distributed or used to create derivative works without the agreement of the relevant estate agent or other advertiser.

For all of the Services, PropertyPal.com is not involved in any transactions between you and any of its advertisers 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.

If you have a dispute with one or more advertisers or third parties, you release PropertyPal.com 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.com may suspend, withdraw, discontinue or change all or any part of the Site without notice. PropertyPal.com 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.

You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

The material on the Sites are provided for general information only. Although PropertyPal.com 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.COM SERVICES

PropertyPal.com 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.com shall not be liable to you or any third party should PropertyPal.com exercise this right at any time.

USER CONDUCT

You must not misuse the Sites. In particular, you must not hack, circumvent security or otherwise disrupt the operation of PropertyPal.com's system and/or the Site nor attempt to carry out any of the above prohibited actions.

USER CONTENT

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.com 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 General Data Protection Regulation 2016) (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.com 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 may not submit any Content which contains advertisements or marketing (other than a watermark relating to the author of any photograph submitted to the Site), whether on your own behalf or on behalf of any third party. In particular, and without prejudice to any other conditions of these Terms of Use, any photographs uploaded may only be of the interior or exterior of the specific property being listed or photographs taken from within the perimeter boundary of the property being listed.

You will at all times agree to not purposely provide false or misleading information on the Service.

You understand that PropertyPal.com does not endorse or warrant any particular content or information available via the Sites.

Additionally, PropertyPal.com 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.com may delete any Content that, in the sole judgement and discretion of PropertyPal.com, violates the letter or spirits of these Terms of Use or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person.

PropertyPal.com assumes no responsibility for monitoring the Services for appropriate Content or conduct. If at any time PropertyPal.com chooses, in its sole discretion, to monitor the Services, PropertyPal.com 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.

VIRUSES

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.com 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.com 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.com 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:

1. publish, publicly perform or display, or distribute to any Materials or Content, including reproduction on any computer network or broadcast or publications media;
2. market, sell or make commercial use of the Sites, Content or any Materials;
3. 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;
4. make derivative uses of the Sites, Content or the Materials; or
5. 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).

Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trade mark, copyright, or proprietary right of PropertyPal.com or any third party. Any unauthorised use of the Sites will terminate the permission or license granted by these Terms of Use and may violate applicable law including copyright laws, trade mark laws (including trade dress), and communications regulations and statutes. You may link to the Sites, provided you do so in a way that is fair and legal and does not take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on PropertyPal.com's part where none exists.

PropertyPal.com 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.com 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's permission and/or the requirements of applicable law. PropertyPal.com does assert copyright and reserves all right to the search results and associated compilations.

PAYMENTS

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.com 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.com" and its logos are either service marks or registered or unregistered trade marks of PropertyPal.com or its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without PropertyPal.com's prior written permission, or that of its suppliers or licensors.

You may not use any meta tags or any other "hidden text" utilising "PropertyPal.com" or any other name, trade mark, or product name of PropertyPal.com 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.com, and may not be copied, imitated, or used, in whole or in part, without PropertyPal.com's prior written permission.

All other trade marks, registered or unregistered trade marks, product names and PropertyPal.com'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.com.

GENERAL DATA PROTECTION REGULATION 2016

PropertyPal.com complies with the provisions of the General Data Protection Regulation 2016 (GDPR). For more information on the steps we take to comply with GDPR, and your rights, please see our Privacy Policy.

COPYRIGHT COMPLIANCE

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.com's copyright agent the following written information:

• 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.com, you should confirm that you are the copyright owner or have rights to the copyright.

Postal contact information for PropertyPal.com's copyright agent for notice of claims of copyright infringement is provided below:

Attn: Copyright Agent
PropertyPal.com Ltd.
Unit 2D, Jennymount Business Park
North Derby Street
Belfast
BT15 3HN

NO WARRANTIES

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.COM 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.COM DOES NOT REPRESENT OR WARRANT THAT ANY INFORMATION, MATERIALS OR CONTENT ON THE SITES IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. PROPERTYPAL.COM IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.

LIMITATION OF LIABILITY

PropertyPal.com 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 unauthorised access to, or alteration of any content on the Sites. PropertyPal.com 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.com 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.com 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.com has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Nothing in these Terms of Use shall be construed as limiting or excluding PropertyPal.com's liability for death or personal injury caused by its negligence or wilful misrepresentation.

IN NO EVENT SHALL PROPERTYPAL.COM, 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.com.

PropertyPal.com 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.com of the website or any information contained therein.

PropertyPal.com 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.com'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.com is a publisher of Content supplied by third parties and users of the Site.

Accordingly, PropertyPal.com 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.com.

In many instances, the content available through the Sites represents the opinions and judgments of the respective information providers or users.

PropertyPal.com does not endorse, and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the site by any third party.

CHOICE OF LAW, WAIVER, AND CLAIMS

These Terms of Use shall be governed by the laws of Northern Ireland, without regard to its conflict of law provisions, and the courts of Northern Ireland shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms of Use.

PropertyPal.com's failure to exercise or enforce any right or provision of the Terms of Use will not be deemed to be a waiver of such right or provision.

If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.

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 (ADR) 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.com has handled any complaint, you may submit disputes for online resolution to the European Commission Online Dispute Resolution platform at http://ec.europa.eu/consumer/odr/. Please note that in accordance with law we may or may not, depending on the circumstances, accept resolution of a dispute via an ADR mechanism.