Terms & Conditions

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What we mean
The following terminology applies to these Terms and Conditions. Privacy Statement, and Disclaimer Notice and any and all agreements:

  • `You`, and `Your` refers to you, and is the person accessing this website and accepting the Company`s Terms and Conditions.
  • `We`, and `Us` refers to our Company.
  • `Estate Agents`, `Partner`, and `Partner Company` refers to our Online only Estate Agents.

Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring the same.

Introduction
These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with these terms and conditions in part or full, you must not use our website.

When you register with our website, we will ask you to expressly agree to these terms and conditions.

Our fully independent service provides you with a carefully selected list of Estate Agents and their products who only operate online, with the purpose to save you time and money. We do not however offer advice or make recommendations on those products. When you make a comparison on our website for online only Estate Agents, you effectively make an enquiry based on our expertly predetermined options. The questions we ask and the answers you provide further filter those options to eventually provide a list of most suitable partner companies. We may pass the information you supply on to one or more of our business partner organisations, who may contact you directly. By using our website and by agreeing to these terms and conditions, you consent to us passing on your information. See Section: Enquiries and leads for more information about the way we handle enquiries.

You must be at least 18 years of age to use our website. By using our website and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.

Our website uses cookies. By using our website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy, and cookie policy. These can be found at the bottom of each page on our website.

Licence to use website
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  1. republish material from this website, including republication on another website;
  2. sell, rent or sub-license material from the website;
  3. show any material from the website in public;
  4. reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
  5. redistribute material from this website except for content specifically and expressly made available for redistribution, such as our newsletter.

Acceptable use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities including without limitation scraping, data mining, data extraction and data harvesting on or in relation to our website without our express written consent.

You must not use our website to transmit or send unsolicited commercial communications.

You must not use our website for any purposes related to marketing without our express written consent.

If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. We may disable your user ID and password in our sole discretion without notice or explanation.

Using your personal information
When you make a comparison on our site we will provide the Quote Summary information and contact details that you supply to one or more of our partner companies. This enables them to contact you directly and finalise your requirements and any required payments. The partner company to which we have passed your information will then become a `data controller` for your personal information. This means, amongst other things, that they are able to determine the purposes for which they process your personal information. The Privacy policy of each partner company can be found on their respective website.

Enquiries and leads
Once you have completed a comparison, our website provides you a Quote Summary of the most relevant online only Estate Agents (partner companies). For each comparison you make, only the most suitable 3 Agents will have access to the information enclosed with your summary page. We use this opportunity to strengthen your selling potential, and actively ask our partner companies made available to you to request information about quotations in respect of your requirements to sell your property. You have the right to suspend contact from all or any Agents we provide at any time.

After making a comparison, we may provide the information you provide to our carefully selected partner companies to deliver you the best quotations our independent online search engine can provide.

Telephone and email enquiries that you make using the details published on our website will be directed to or passed to our partner companies.

You acknowledge that we will earn a fee in respect of each lead that we provide to a partner companies.

You further acknowledge that:

  1. we are not party to any contract entered into between you and any of our partner companies;
  2. e do not comprehensively vet our partner companies;
  3. our website contains information supplied by our partner companies, and we are not able to guarantee the accuracy of that information, and accordingly we will not be liable to you in relation to any loss or damage arising out of the actions of any of our partner companies or your relationship with our partner companies.

Furthermore, we are not responsible for the enforcement of any obligations arising out of a contract between you and any of our partner companies, and we will have no obligation to mediate between the parties to any such contract.

The provisions of this Section: Enquires and leads are subject to the first paragraph of Section: Limitations and exclusions of liability.

Limited warranties
We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill.

Limitations and exclusions of liability
Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions. This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.

Where we transfer the information that you supply to us through our website to another company, we will do so securely using encryption.

Indemnity
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions.

Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

  1. send you one or more formal warnings;
  2. temporarily suspend your access to the website;
  3. permanently prohibit you from accessing the website;
  4. block computers using your IP address from accessing the website;
  5. contact your internet services provider and request that they block your access to the website;
  6. bring court proceedings against you for breach of contract or otherwise;
  7. suspend and/or delete your account with the website; and/or
  8. delete and/or edit any or all of your user generated content.

Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

Trade marks
Compare Online Agents and our logo are trademarks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

The other registered and unregistered trademarks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

Variation
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version.

Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Exclusion of third party rights
These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.

Entire agreement
These terms and conditions, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

Our details
Insolitus Ltd
1 Peterborough Gardens
Rochester
Kent. ME2 2RR

Email: info@compareonlineagents.com

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