The following terms and conditions are the contract between you and JF Property Group Global Limited, a company registered in England with number 13101610 (‘we’, ‘our’ or ‘us’).
Our registered business address is 45 Walton Court Centre, Hanon Road, Aylesbury, Buckinghamshire HP21 8TJ.
These terms apply to you, so far as the context allows to you as a visitor to our Website, or as client. They prevail over any terms proposed by you.
If you have any questions about our terms and conditions, please contact us.
1. Definitions
‘Account’ :- means the records on our Website relating to you and your transactions with us.
‘Consumer’ :- has the same meaning as in the Regulations, or otherwise where the context applies, any individual located in the United Kingdom or in a European Union member state who, in connection with this agreement, is acting for a purpose which is outside their business.
‘Content’ :- means the content that is encountered as part of your experience or that you contribute to our Website when visiting it. Content may include, among other things: text, images, sounds, videos and animations.
‘Intellectual Property’ :- means intellectual property of every sort, whether or not registered or registrable in any country, including intellectual property of kinds coming into existence after today; and including, among others, designs, copyrights, software, discoveries, know-how, together with all rights which are derived from those rights.
‘Post’ :- means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on our Website. The terms ‘Posted’ and ‘Posting’ shall be interpreted accordingly.
‘Property’ :- means real property.
‘Property Advert’ :- means information about a Property, Posted by a seller or their agent under the terms as set out on our Website, to advertise for a prospective buyer.
‘the Regulations’ :- means the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
‘Service’ :- means all of the services available from our Website, whether free or charged.
‘our Website’ :- means any website, webpage or service designed for electronic access that is owned or operated by us.
2. Interpretation
In this agreement unless the context otherwise requires:
A reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
Any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
Except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.
In this agreement references to a party include references to that person’s successors, legal representatives, permitted assigns and any person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
The headings to the paragraphs to this agreement do not affect the interpretation.
A reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
In the context of permission, ‘may not’ in connection with an action of yours, means ‘must not’.
In any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.
This agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Basis of Contract
Our Website allows sellers, landlords and their agents to advertise and promote land and property for sale or for let in locations around the world, and for buyers and tenants to find property to purchase or rent.
We also advertise services related to property offered by third party businesses.
Our role is solely to introduce parties to each other. We ourselves are not a party to any transaction between any buyer and seller of property, any landlord or tenant or any service provider and client. As such, we will not be subject to any claim arising from a dispute between parties who are introduced through our Website.
4. Our contract with you
So far as the law allows, all implied conditions, warranties and terms are excluded from this agreement.
In entering into this contract you have not relied on any representation, warranty, information or document or other term other than that given on our Website or in a hard copy medium which we have produced.
Where we provide a Service without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Service for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of that Service.
If you use our Website in any way, including if you order Services on behalf of another person then you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
Should these terms conflict with any other information we provide on our Website or elsewhere, then you agree that these terms prevail.
We may change these terms from time to time. The terms that apply to you are those published on our Website on the day you order.
5. Acceptance of your order
Your order is an offer to buy from us.
In making an order, you acknowledge that you understand exactly what is provided in the Service and you are satisfied that the Service you have selected is suitable and satisfactory for your requirements.
The contract between us for the sale of a Service comes into existence when we write to you to confirm that we agree to provide to you with the Service you requested. Your payment does not create a contract. If we decline to provide a Service we shall immediately return your money to you.
6. Prices
The price payable for each Service we offer is clearly set out on our Website.
The price of a Service may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy that Service.
The price charged for any Service may differ from one country to another. You may not be entitled to a particular price unless you reside in the qualifying country.
7. Cancellations and refunds
This paragraph applies if you buy any Service as a Consumer as defined in the Regulations. Provided the Regulations apply to the transaction concerned, then the following terms apply to the contract.
Information relating to our Services is not limited to that which is included within this agreement, but also on our Website and/or in any hard copy medium we might provide.
The following rules apply to cancellation of your order:
If you have ordered a Service but we have not yet started to provide it then you may cancel your order without giving a reason at any time within 14 days of confirmation of acceptance by us. You will have no obligation and we will return any money due to you.
If you would like us to provide the Service you have bought before 14 days has passed, you can opt out of your right to cancel within that time period. To do that you must instruct us to start the Service as soon as we can.
If you do exercise your right to cancel, we will return any money due to you within 14 days.
Any Service that we provide to you at no cost is not covered by the Regulations.
The way you originally paid for the Service determines how we refund you.
If you paid by credit or debit card, we shall refund the same card originally used to place and pay for the order.
If you paid online using PayPal or another electronic payment system then we refund that account as soon as possible.
It can take up to 14 days (but usually sooner) for the money to be returned into your bank account.
8. Your Account
You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with Products.
If you use our Website, you are responsible for maintaining the confidentiality of your Account and password and for preventing any unauthorised person from using your Account.
You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
9. How we handle your Content
If you Post Content, including creating any Property Advert to any public area of our Website it becomes available in the public domain. We have no control who sees it or what anyone does with it.
Even if access to your Content requires user registration it remains effectively in the public domain because someone has only to register to access it. You should therefore avoid Posting unnecessary confidential information at all times.
You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
Posting Content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
Please notify us of any security breach or unauthorised use of your account.
10. Restrictions on what you may Post to our Website
You agree that you will not use or allow anyone else to use our Website to Post Content that:
is or may be malicious or defamatory
comprises commercial images, audio, or video for which you are not licensed to use
is or may be considered illegal, obscene, offensive, threatening or violent
is or may be sexually explicit or pornographic
is could deceive a person or be used to impersonate any person, or that misrepresents your identity, age or affiliation with any person
gives the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business
solicits passwords or personal information from anyone
is or could be used to sell any Products or services or for any other commercial use
links to any other webpage containing material specified in this paragraph
communicates age-inappropriate Content to anyone under the age of 18
In addition to the restrictions set out above, a content you Post to our Website must not contain:
hyperlinks, other than those specifically authorised by us
words that are irrelevant to the Content Posted
the name, logo or trademark of any organisation other than your own
inaccurate, false, or misleading information
11. Property sellers: terms applicable
You understand and agree that you alone are responsible for all of the information you submit to us and for maintaining it up to date.
The information you submit for a Property Advert must be accurate and complete. It must not include information which might enable a visitor to our Website to contact you directly, such as a telephone number, email address or street address.
If you deal with any person we introduce to you in a way which assists that person to avoid liability for payment to us, you agree to be responsible for making that payment to us.
By registering with us, you accept that we may send to you from time to time offers by third parties to supply goods or services to you.
If or when you cancel your account, we may delete all your personal information and documents relating to you. We may also delete your information if you have not taken any active step for a period of at least three months.
We are not obliged to delete your personal information immediately. We are not liable for any action of a third party in their use of your information.
12. Removal of offensive Content
We are under no obligation to monitor or record the activity of any visitor to our Website for any purpose. However, we may do so without notice to you and without giving you a reason.
Our Website may include Content Posted by third parties. We are not responsible for any such Content.
If you are offended by any Content, you should tell us. After we receive notice of a claim or complaint we shall investigate so far as we alone decide. We shall remove the offending Content while our investigation takes place. If we judge that your complaint is without basis, we may reinstate the Content about which you have complained after the investigation has concluded.
In respect of any complaint made by you or any person on your behalf, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication without limit.
You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
13.Termination
If you or we terminate your account, your right to use our Services ceases immediately. Nor do we have no obligation to keep your account information or provide certain information to you at a later date.
Subject to the provisions set out elsewhere in this agreement, you may terminate this agreement at any time, for any reason, with immediate effect. You may terminate the agreement either by sending notice to us by post or email message, or by completing the form on our Website and submitting it. We reserve the right to check the validity of any request to terminate your account.
We retain the right, at our sole discretion, to terminate any and all parts of the Services provided to you, without refunding to you any fees paid if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.
14. Intellectual Property
We will defend our rights in all our Intellectual Property, including the rights in our Services, and our copyright in the Content of our Website whether provided by us or by any other party.
You may not use our name, logos or trademarks or any other Content on any website of yours or that of any other person.
You agree that at all times that you will:
not do anything which does or might reduce the value of our Intellectual Property or challenge our ownership of it
notify us of any suspected infringement of our Intellectual Property; and
without our express permission, not to:
copy or replicate it for use by any other person in any way not intended by us
make any change to it or any part of it
publish or store it on any website or cloud storage service, or otherwise allow any other person access to it
create derivative works from it
use it in any way in which it is not intended to be used
not to use it except directly in our interest
15. Indemnity
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
your failure to comply with the law of any country
your breach of this agreement
any act, neglect or default by any agent, employee, licensee or customer of yours
a contractual claim arising from your use of any Service
a breach of the intellectual property rights of any person
You agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at £100 per hour without further proof.
Although this agreement shall be interpreted in accordance with the laws of England, use of our Services may also be subject to export control law of other jurisdictions. If you breach those laws you will have committed an offence in that or those countries. By using our Services, you now represent and warrant that you are not located in, under the control of, or a national or resident of any such country.
16.Disclaimers and limitation of liability
This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999, as well as to us.
We use our reasonable endeavours to confirm the accuracy of any information we place on this website. We make no warranties, whether express or implied in relation to its accuracy or completeness.
We have no obligation to moderate or to censor any Content Posted by any user of our Website but if we decide to remove any Content, we do not have to give you the reason why we have done so.
You should not rely on a person being who they claim to be or that they are acting honestly. It is up to you to satisfy yourself of the identity of any person introduced to you through our Website.
Our Website may contain advertisements for products and services. We do not investigate the value or use of any products or services advertised nor the commercial integrity of any advertiser.
We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from our website.
Our website may include content posted by third parties, including advertisements. We are not responsible for any such content. If you come across any content that offends you, please tell us.
This website may contain links to other websites over which we have no control of the nature, the content and the availability.
You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website or from your buying goods or services via such a website.
The inclusion of any links on this website does not necessarily imply a recommendation or endorse the views expressed on those to which we link.
This website is provided ‘as is’ and ‘as available’ without any representation made. We make no warranty as its usefulness to you, its satisfactory quality, its fitness for any purpose, the availability of any function of the website, the compatibility with your devices or software, privacy of any transmission, or security of use.
We aim to maintain access to our website, but from time to time it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you first.
You acknowledge that access to our website may also be interrupted for many reasons beyond our control.
Accordingly, we make no warranty that this website will meet your requirements or that your use of it will be uninterrupted, timely or error-free.
Nor do we make any warranty that we will correct defects and errors, nor that the website or the server on which it is hosted are free of viruses or bugs.
We will not be responsible or liable to you for any loss, foreseeable or not, arising from any interruption of the availability of our website.
We shall not be liable to you in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) for any loss or expense arising out of or in connection with your use of this website, which is a special, indirect or consequential loss, or an economic loss or other loss of turnover, profits, contracts, business or goodwill.
This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.
Nothing in this agreement excludes liability for a party’s fraud.
17. Miscellaneous matters
You undertake to provide us your current land address, e-mail address and telephone number as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.
If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
Any communication to be served on either party by the other shall be delivered by hand, sent by a recorded delivery postal service or by email. It shall be deemed to have been delivered: on the day of delivery if delivered by hand, or within 72 hours of posting if delivered by recorded post, or when an email message confirming receipt is sent if sent by email.
In the event of a dispute, you agree to undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
No party to this agreement shall be liable for any failure or delay in performance of this agreement that is caused by circumstances beyond their reasonable control, including any labour dispute between a party and their employees.
This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act.
The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.
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