Terms of Service
BY USING NETHOUSEPRICES.COM, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE AS THEY MAY BE MODIFIED BY US FROM TIME TO TIME.
Please read these Terms of Service carefully. They constitute a binding legal agreement and it is important that you understand their terms before proceeding to use the website. We have created them to protect you and to ensure that Nethouseprices.com is a useful and informative website.
In particular your attention is drawn to clauses 2, 8 and 11 of this Agreement.
If you intend to use Nethouseprice’s Valuation Tool, please read the terms of clause 7 carefully.
If you do not agree to these Terms of Service, please do not enter nethouseprices.com or register as a member or subscribe to our services.
- Acceptance of Terms of Service
- Password and Security
- Your use of Nethouseprices.com
- Intellectual Property
- Third Party Websites, Goods and Services
- Disclaimer of Warranties
- Limitation of Liability
- Subscriptions and Refunds
- Termination & Remedies for Breach of these Terms by You
- Rules about linking to our Website
- Applicable Law
Acceptance of Terms of Service
- The Website is provided by Nethouseprices Limited, a company registered in England and Wales with company registration number 05433243 and registered office address at 107 Reaver House 12 East Street, Epsom, Surrey, KT17 1HX ("Nethouseprices"). Our registered VAT number is 869 008 695.
- These terms of service (“Terms of Service”) govern your use of www.nethouseprices.com (“Website”) (whether you are a member, a subscriber or a visitor) and govern all services provided to you by Nethouseprices in connection with the Website.
- You can contact us by writing to us at 107 Reaver House 12 East Street, Epsom, Surrey, KT17 1HX.
- If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us on our Website.
- We reserve the right to amend these Terms of Service from time to time without providing notice to you. Please check the Terms of Service periodically to see whether a change has been made to them. If you do not agree with any change in these Terms of Service, please discontinue further use of the Website. Your continued use of the Website will signify your acceptance of any change in the Terms of Service set out here.
- From time to time Nethouseprices may supplement these Terms of Service with additional terms applying to specific content or events, such as competitions ("Additional Terms"). Any Additional Terms will be clearly placed on the Website to be viewed in connection with the specific content or events. All Additional Terms will form part of these Terms of Service.
- Nethouseprices may modify or discontinue the Website with or without notice to you and without liability to you or any third party.
- Although portions of the Website may be viewed by anyone who visits the Website you will need to register as a member in order to access some Nethouseprices services.
- When you register with us you are stating that you are eighteen 18 years of age or over We do not allow persons who we know to be 17 years of age or younger to register with the Website.
- You agree that any information you provide to us about yourself upon registration or at any other time will be true, accurate and complete and that you will ensure that this information is kept accurate and up-to-date at all times.
Password and Security
When you register to use the Website you may be asked to create a password. It is your responsibility to choose a secure password. You must keep this password confidential and must not disclose it to or share it with anyone nor permit anyone else to access the Website using it. You will be responsible for all activities that occur under your password. If you know or suspect that someone else knows your password you should notify us immediately at [email protected].
Your use of Nethouseprices.com
You alone are responsible for your use of the Website and the consequences of any such use. By using the Website you agree to comply with the following guidelines:
- The Website is to be used by you only.
- Where you represent an organisation, limited company or other legal entity, comprising one or more people, you accept that each person accessing the Website from your organisation must have a membership and a paid subscription if they require access to subscriber information or other paid features of the Website.
- The Website may only be accessed manually. The use of automated agents, robots, or automated software, other than search engine spiders, to view the site is specifically forbidden.
- You may not attempt to build a copy of our database or reverse engineer our processes or any other tool or feature of the Website.
- Where address information is provided by Nethouseprices on the Website, in our reports, forms and search results, you may not use such information to contact any party to the reported transaction.
- The Website may not be used to send chain letters, junk mail, 'spam', solicitations (commercial or non-commercial) or bulk communications of any kind.
- You must not use the Website or any part of the Website in a way that might reasonably be expected to cause the same to be interrupted, damaged, rendered less efficient or which could in any way damage the operation of another's computer.
- Breach of these terms of service may make you liable to civil legal action and or criminal prosecution.
If you use the automated property valuation tool made available on the Website or via the websites of Nethouseprice’s select partners (the “Valuation Tool”) then:
- You specifically acknowledge that all figures generated by the tool are estimates only and that they do not represent legal, financial, surveying or other professional advice. Such figures are generated solely by reference to other prices listed online and do not take account of: evidence or information which may be available relating to the relevant property but which is not listed online; material facts which may only be apparent to an individual viewing the property in person; or material differences between matched properties (including but not limited to their quality of construction, state of repair, and specific location) that may not be apparent to an automated comparison tool.
- Accordingly, you agree that you will not rely solely on any estimate provided by the Valuation Tool for the purposes of selling, mortgaging or renting any property, and that you will always seek a professional valuation (or the input of a relevant professional) in respect of the relevant property before listing it for sale or rental. Nethouseprices recommends that, whenever you intend to sell, rent or mortgage any property that you take multiple valuations from a wide range of property professionals in order to get the best possible overview of the market.
- You recognise that all figures provided by the Valuation Tool are intended for your personal use only and that they are not to be relied upon by you in the course of any commercial or business activity, or in the carrying on of a regulated trade.
- The Website, its contents and all Intellectual Property Rights therein are owned by Nethouseprices (and/or its licensors). "Intellectual Property Rights" means patents, trademarks and service marks, rights in designs, trade or business names or signs or domain names, copyrights (including without limitation rights in computer software, databases and websites), database rights, rights in confidential information (including without limitation know how and trade secrets), moral rights (and the benefit of any and all waivers thereof), topography rights (whether or not any of these is registered and including applications for registration of any such thing) and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist at any time anywhere in the world and rights of action and goodwill arising at any time in relation thereto. You acknowledge that (i) the Website is protected by Intellectual Property Rights; (ii) these Intellectual Property Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, these Terms of Service and applicable copyright, trademark and other laws govern your use of such Intellectual Property Rights.
- Your sole right to use the Intellectual Property Rights inherent in the Website is a non-exclusive licence to make use of such content only as is strictly necessary to enable you to access the Website and to peruse its contents.
- You may view, print, download or temporarily store extracts from the Website for your personal, non-commercial reference without alteration, addition or deletion. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any the Website material or content. You acknowledge that you will not acquire any Intellectual Property Rights by downloading or otherwise using any the Website content or materials.
- By submitting content, which may include your member name, to any public area of the Website, including message boards, forums and contests, you grant Nethouseprices a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, edit, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also permit any member to access, display, view, store and reproduce such content for personal use.
- By submitting content, you also warrant that you are entitled and have all necessary rights to grant the licences stated above. Subject to the foregoing, the owner of such content placed on the Website retains any and all Intellectual Property Rights that may exist in such content.
- The price and sale data provided for England and Wales has been licensed and/or derived from data licensed from the Land Registry (an executive agency responsible for recording property transactions in England and Wales). You acknowledge that all such data is Crown copyright. The right to use the data provided by the Land Registry is not transferable to any member or subscriber to the Website. Accordingly, all use other than that specifically stated in these terms of service is excluded. If you are unsure about an intended use of Land Registry data (or data derived from the same) you should not proceed.
- You recognise that the Intellectual Property Rights inherent in the Website and the Valuation Tool represent valuable property owned solely by Nethouseprices and undertake that you will not do, or suffer any other individual to do, anything designed to decompile, reverse engineer, modify, adapt, hack or otherwise mimic the function of the Website or the Valuation Tool.
Third Party Web Sites, Goods and Services
- The Website provides links to third party web sites that are not affiliated with Nethouseprices (although Nethouseprices branding, advertisements or links may appear on these sites). We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links or any goods or services available from such sites.
- All matters concerning any goods and services that you purchase from a third party site, including, without limitation all contract terms are solely between you and the owner of that site and Nethouseprices will not be liable for any costs or damages to you or any third party arising directly or indirectly out of any third party website. You hereby waive any claim you might have against Nethouseprices with respect to any such sites.
Disclaimer of Warranties
- The Website is provided on an "as is" and "as available" basis. Nethouseprices expressly disclaims all warranties or representations of any kind, express or implied, to the fullest extent permitted by law.
- You understand and agree that Nethouseprices does not guarantee the accuracy or completeness of any information in or provided in connection with the Website. Nethouseprices is not responsible for any errors or omissions or for the results obtained from the use of such information. Whilst the Website is provided for the general information of the general public, all information is provided on the basis that Nethouseprices, its employees and consultants and its members (while such members are participating in the Website), are not engaged in rendering legal, financial or other professional services or advice. Nethouseprices advises you to seek appropriate professional advice if you require it.
- Nethouseprices shall not be responsible for any loss or damage caused directly or indirectly, by the information or ideas contained, suggested or referenced on the Website. Your use of the Website is solely at your own risk. No advice or information, whether oral or written, obtained by you from Nethouseprices or through the Website shall create any warranty not expressly made in these terms of service or imposed by law.
- You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software
Limitation of Liability
- To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.
We will not be liable to any user 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:
- use of, or inability to use, the Website; or
- use of or reliance on any content displayed on the Website.
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
- 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 programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.
- We assume no responsibility for the content of websites linked on the Website. 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.
- In particular, you agree that Nethouseprices shall have no liability to you in respect of any action or omission which you may take as a result of your use of the Valuation Tool; including for the avoidance of doubt any loss which you may suffer based on any decision which you may take to sell, rent or mortgage any property (or any decision to refrain from doing the same).
- If Nethouseprices has any liability to you arising out of these Terms of Service, (whether in contract or delict), you agree that Nethouseprices aggregate liability for all claims shall be limited in all circumstances to the sums paid to Nethouseprices by you pursuant to this Agreement in respect of the services to which the claim relates, or £1,000, whichever is greater.
Subscriptions and Refunds
- Nethouseprices offers a free membership and/or examples which allow you to assess if the services of the Website are satisfactory for your purpose.
- Subscriptions are offered for varying periods of time and may include access to different kinds or amounts of information. Purchase of a subscription allows access to the information when the information is available. It does not guarantee that the Website will always be available or that every piece of information will always be available. Nethouseprices will endeavour to ensure that the website and all the information it offers is available and up to date.
- Subscriptions are for the period stated or any part thereof and commence immediately on receipt of payment. No refund will be given for the cancellation or termination of a membership or subscription.
- Due to the digital nature of the subscriptions no automatic right of refund or cancellation exists after a subscription has been purchased by you and the content has downloaded in accordance with Consumer Contracts Regulations 2013.
- Nethouseprices may refund subscriptions in whole or part at their sole discretion. The exercise of such discretion is at Nethouseprices sole discretion and shall not establish any precedent with regard to a specific customer or any customer.
Termination & Remedies for Breach of these Terms by You
- Nethouseprices will be entitled to restrict, suspend or terminate your membership or deny you access to the Website or take such other action as Nethouseprices deems appropriate if Nethouseprices determines, in its sole discretion, that you are in breach of any of the Terms of Service or Nethouseprices considers in its sole discretion that your continued use of the Website is inappropriate, undesirable or otherwise unacceptable.
- The restriction, suspension or termination of our service pursuant to this section will be without prejudice to any rights which Nethouseprices may have against you in respect of your breach of these Terms of Service.
- Nethouseprices shall be entitled to disclose your user identity and details if required or requested by the courts or other law enforcement authorities and/or agencies or in such other circumstances as Nethouseprices in its sole discretion considers reasonably necessary or appropriate.
You agree to indemnify and hold each of Nethouseprices, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Website, the violation of these Terms of Service by you, or the infringement by you, or any other person, of your account, or of any Intellectual Property Rights or other right of any other person or entity.
Rules about linking to our Website
- 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.
- 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.
- You must not establish a link to the Website in any website that is not owned by you.
- The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page.
- We reserve the right to withdraw linking permission without notice.
These Terms of Service, its subject matter and its formation (and any non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and any dispute shall be subject to the exclusive jurisdiction of the English courts.
- In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will at the election of Nethouseprices, be deleted and the remainder of the terms of these Terms of Service will remain in full force and effect.
- Any failure or delay by us to enforce strict performance by you of any of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver to any extent of our rights.
- Nethouseprices may assign its rights and obligations under these Terms of Service and upon such assignment Nethouseprices shall be relieved of any further obligation under these Terms of Service.