Terms and Conditions

TERMS AND CONDITIONS OF WEBSITE ACCESS (these “Terms”)

Please read these Terms carefully as they contain important information about your rights and obligations. We recommend that you keep a copy of these Terms and that you print out these Terms from the Website (as defined below) by clicking on the “Print” icon on your browser so that you can keep them for future reference. Use of and access to the Website are also subject to our Privacy and Cookies Policy. If you use any part of the Website, that use is considered your acceptance of our Privacy and Cookies Policy.

1. ABOUT US AND THESE USER TERMS:

   1. About us: “we”, “us” or “our” means Indlu Limited, a company registered in England and Wales under company number 11340314.

   2. These Terms: These Terms govern your access to and use of the Website, and your registration for a user account for access to extra functionality in the user-only section of the www.indlu.co.uk website (the “Website”). By using the Website, or otherwise submitting your details to us for registration for an account on the Website, you agree to be legally bound by these Terms.

   3. Changes to these Terms: We reserve the right to amend these Terms at any time. All amendments to these Terms will be posted on the Website and, if you registered for an Account, emailed to you. Continued use of the Website will, however, be deemed to constitute acceptance of the new Terms. No other terms or changes to these Terms will be binding unless agreed in writing signed by us.

   4. Definitions and interpretation: In these Terms:

      1. the following terms shall have the following meanings:

         “Account”
         has the meaning given to it in Clause 4.1;

         “Account Services”
         the services we make available to you through an Account if you register for an Account, as set out in Clause 5;

         “Agreement”
         means the legal and binding agreement that is in place, on the basis of these Terms, for us to make available to you certain services and information;

         “Material”
         material that you upload (or permit to be uploaded) onto our servers as part of our provision of the Services, including any and all materials, files, multimedia and audiovisual material, content, comments, documents, information, diagrams, images and graphics (in whatever form and on whatever media);

         “Listed Property”
         a property that is listed on the Website as available for purchase;

         “Party”
         either us or you, and “Parties” shall mean both of us and you;

         “Sale Agreement”
         the separate contract between us and you under which you agree for us to market for sale a property owned by you;

         “Services”
         the Website Services and the Account Services;

         “Website Services”
         the services we make available to you through the Website, whether or not you have registered for an Account, as set out in Clause 3;

         “you” or “your”
         the user of the Website and the Services; and

         “Your Property”
         if applicable, the Listed Property that you have asked us to list on the Website as available for purchase, as detailed in the relevant Sale Agreement;

      2. references to “Clauses” are to clauses of these Terms;

      3. the headings are inserted for convenience only and shall not affect the interpretation or construction of these Terms;

      4. words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include the other gender and the neutral, and references to persons shall include an individual, company, corporation, firm or partnership;

      5.  reference to “written” or in “writing” includes the electronic form; and

      6. references to “includes” or “including” or like words shall mean without limitation.

2. EFFECT
   1. Minimum age: By registering for an Account, you warrant that you are at least 18 years of age.
   2. Application of these Terms: These Terms shall apply to all use of the Website and the Services. When you visit the Website, and/or register for an Account (and each time you subsequently login to your Account), this shall always constitute your unqualified acceptance of these Terms (or, in accordance with Clause 1.3, the Terms then in force). Nothing in these Terms shall affect your statutory rights.
   3. Any other terms: These Terms shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing or orally, are expressly waived and excluded.
3.  SEARCHING THE WEBSITE
   1. Website Services: Without an Account, visitors to the Website can access the Website Services. The Website Services allow users to:
      1. search Listed Properties; and
      2. request a viewing of a Listed Property by contacting us by telephone or email, or by submitting a form through the Website, each as listed on the relevant webpage on the Website for that Listed Property.
   2. Any user can access the Website Services: The Website Services are available to any user whether or not that user has registered for an Account.
4. REGISTRATION FOR AN ACCOUNT (to be applicable upon launch of My Indlu portal – approx. November 2018)
   1. Need for an Account: If you would like to be able to access the Account Services, you will need to register for an account on the Website which you will be able to access through the My Indlu part of the Website, and by which you will be able to change the details that we hold about you and administer and access the Account Services that we provide to you (“Account”). You may browse certain publicly available parts of the Website without registering for an Account and access the Website Services, but, to access the Account Services, you must register for an Account.
   2. If you have an Account: If you already have an Account, you can login to your Account to access the Account Services.
   3. If you do not have an Account: To register for an Account, you need follow the instructions on the Website and supply us with your name, address, email address, username, password and possibly some other personal information. You will be asked to create a “profile” for your Account. See our Privacy and Cookies Policy for more details about this. You can provide us with that information by filling in the necessary information on the Website manually where indicated and then following the instructions on the Website.
   4. Your password: You may change your password for the Account by accessing your Account and following the instructions. You must keep the password confidential and immediately notify us if there is any unauthorised use of your email address or your Account or any breach of security otherwise known to you. You acknowledge that any person to whom your username or password is disclosed is authorised to act as your agent for the purposes of using your Account. Please note that you will be entirely responsible if you do not maintain the confidentiality of your password.
   5. Valid email address: You must be registered for an Account with a valid email address that you access regularly, so that, amongst other things, we can send administration and information emails to you. Any Account registered with another person’s email address or with a temporary email address may be closed by us without notice. We may also require you to validate your Account at registration or if we believe that you have been using an invalid email address.
   6. Rejection: We reserve the right to reject any registration for an Account and to refuse use of or access to the Website to anyone for any reason, at our absolute discretion.
   7. One Account: You may only have one Account at any time.
5. ACCOUNT SERVICE
   1. If you are selling Your Property: If you have entered into a Sale Agreement with us and you are looking to sell Your Property, the Account Services will include the following functionality:
      1. contact us with information to update the listing for Your Property on the Website;
      2. view information about viewings and interest in Your Property;
      3. notifications if a viewing is booked for Your Property, together with the date and time for that viewing, and whether we are conducting the viewing on your behalf;
      4. notifications of feedback provided about Your Property following a viewing;
      5. notifications of any offers that have been made for Your Property; and
      6. accept, reject or negotiate offers.
   2. If you are looking to buy a Listed Property: If you are looking to buy a Listed Property, the Account Services will include the following functionality:
      1. see availability for viewing a Listed Property;
      2. the ability to pick a time and date slot on the Website for you to view a Listed Property;
      3. save Listed Properties in which you have an interest for future access;
      4. submit offers for Listed Properties; and
      5. see your history of Listed Properties viewed and offers you have made.
6. PROVISION OF THE SERVICES
   1. Services: We shall provide to you access to the Services. We warrant that:
      1. we shall use our reasonable skill and care in providing the Services;
      2. we have all necessary consents, rights and permission to enter into, and perform our obligations under, these Terms; and
      3. we shall comply with all applicable laws, statutes, regulations and bye-laws in relation to the exercise of our rights and performance of our obligations under this Agreement.
   2. Appearance of the Website: The look-and-feel of the Website, and the way in which the Services and any Listed Property appears to users, shall be decided at our absolute discretion.
   3. No warranty: We do not warrant that the Services will meet your individual requirements. We are not responsible for any connections, deliverables or services that we are not expressly stipulated to provide in these Terms.
   4. No guarantee: We do not warrant that the Services, your Account and/or the Website will be uninterrupted, error-free or secure from unauthorised access, or that they will meet your individual requirements. Whilst we use our reasonable endeavours to make the Services, your Account and the Website available, we shall not have any liability (subject to Clause 11.2) if for any reason the Services, your Account or the Website are unavailable for any time or for any period. We make no warranty that your access to the Services, your Account or the Website will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed.
   5. Improvements: We reserve the right, at any time, to carry out repairs, maintenance or introduce new facilities and functions in respect of all or any part of the Services and the Website.
   6. Our responsibility: Except as specifically stipulated in these Terms, we shall not be responsible for providing or achieving any particular results or outcomes or within a particular time.
   7. Exclusions: Except where expressly stated in these Terms, we exclude all conditions, warranties, terms and obligations, whether express or implied by statute, common law or otherwise, to the fullest extent permitted by law in respect of the Services.
7. YOUR OBLIGATIONS
   1. Correct information: By adding Material to the Website, you warrant to us and any other user of the Website that the information you add is true, accurate, current and complete, is not misleading or otherwise deceptive.
   2. Updating information: You are responsible for maintaining and updating Material you add to the Website, and making sure that any listing on the Website for Your Property is accurate and up-to-date. If you:
      1. provide false or incorrect information and/or content;
      2. do not update changes to such information and/or content promptly; and/or

      3. do not update us with information for the listing of Your Property if it changes;

         we reserve the right to terminate your use of the Website and your Account, and the Services in general, immediately and without notice to you.

   3. Restrictions on use: You shall not use the Services in any way which, or add any Material to the Website which, in any respect:
      1. breaches any law, statute, regulation or byelaw of any applicable jurisdiction;
      2. is inaccurate, misleading or out-of-date;
      3. is for anything other than your personal non-commercial use;
      4. may be contrary to our interests;
      5. is criminal, fraudulent or unlawful;
      6. is obscene, indecent, pornographic, profane, racist, vulgar, sexist, discriminatory, offensive, harmful, threatening, abusive, malicious, hateful, defamatory or derogatory;
      7. is a misrepresentation;
      8. infringes or breaches, or may infringe or breach, the Intellectual Property Rights or privacy or other rights of us or any third party;
      9. is contrary to any rule or requirement that we stipulate; or
      10. involves your use, delivery or transmission of any viruses, unsolicited communications, Trojan horses, trap doors, cancelbots, back doors, worms, easter eggs, time bombs or computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any data, personal information or system.
   4. No automated access: You shall not use any automated means (such as scripts) to access the Services or your Account, or collect any information from the Website, unless we explicitly agree in writing to allow you to do so.
   5. No linking: When you add Material to the Website, you must not include any links (text, graphical or otherwise).
   6. No liability for your information: Subject to Clause 11.2, we shall not have any liability for information or content (including Material) that you add to your Account or the Website which is in breach of any provision of these Terms or any applicable law. You warrant that any such contribution does comply with those standards, and you will be liable to us for any breach of that warranty. We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, nor, subject to Clause 11.2, shall we have any liability to any third party, for the content or accuracy of any content posted by you.
   7. Our rights: We retain the right to, if we consider it to be appropriate:
      1. immediately halt access to Services;
      2. prevent or restrict access to your Account, the Services and/or the Website; and/or

      3. take any other action to preserve and protect the Website and/or restrict access to or availability of or remove any objectionable material, inaccurate listings or any other material or listings that is prohibited by these Terms

         If we impose restrictions on you, you must not attempt to use the Services, your Account or the Website under any other name or user.

   8. No moderation: We reserve the right, and have absolute discretion, but not an obligation, to remove, screen or edit any content (including Material) that breaches these Terms or is otherwise objectionable. Without prejudice to any other provision of these Terms, we reserve the right to immediately remove any listings to which we object (including your use of intellectual property rights) and/or if you are otherwise making inappropriate use of the Services contrary to the requirements of these Terms.
   9. No liability for third parties: Subject to Clause 11.2, we shall not have any liability for:
      1. damage to, or viruses or other code that may affect, any computer equipment, software, data or other property as a result of your access to or use of the Services or the Website or you obtaining any material from, or as a result of using, the Services or the Website; or
      2. the actions of third parties.
   10. Changes: We may change or update the Services, your Account and/or the Website and anything described in it or them without notice to you.
   11. No warranty on accuracy: Whilst we endeavour to ensure that information and materials on the Website are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law and subject to Clause 11.2, we do not accept any liability for any errors or omissions.
   12. No warranty on compatibility: We do not guarantee that the Website will be compatible with any hardware or software which you may use, or any Material you wish you provide to the Website.
   13. No impersonation: You shall not impersonate any person or use a name that you are not legally authorised to use. If you provide false or incorrect information or do not notify us of changes to your information or content immediately, we reserve the right to terminate your access to the Services, your Account and/or the Website without notice.
   14. Your responsibilities: You shall:
       1. report any faults or suspected faults with or in the Services and/or the Website to us immediately upon discovery;
       2. report to us any abuse of the Internet (including spam, hacking and phishing) that you consider to have taken place through the use of the Services and/or the Website by any person, and you shall include in such report as much information as you are able to provide to us relating to the type of abuse that you have witnessed;
       3. use your own login details for the Website and not impersonate any other person or adopt a false identity;
       4. keep your password strictly confidential and secure, and immediately change your password if you know or suspect that any unauthorised third party becomes aware of your password or if you become aware of unauthorised use of your password or there is any other breach of security known or suspected by you;
       5. maintain access to the Services through your Internet or telecoms service providers, and we are not responsible for any connections from your system to the Services;
       6. be responsible for ensuring that you have the knowledge and expertise necessary to access and make use of the Services;
       7. ensure that all Material is suitable and prepared for use in conjunction with the Services;
       8. promptly comply with our reasonable requests from time to time in connection with these Terms; and
       9. ensure that the Services are sufficient and suitable for your purposes and meet your individual requirements.
   15. Warranty as to Material: You warrant that any Material is owned by you or you have in place appropriate consents to use that Material in the way in which you do you use it. It is your responsibility to make sure that you have all necessary rights and consents relating to your use of the Material in conjunction with the Services.
   16. The Website is “as is”: The Website is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws of England and Wales.
   17. We own the Website: We are the owner or the licensee of all intellectual property rights in the Website (whether registered or unregistered), in the material published on it, in any works arising in connection with the Website and/or the Services, and any URL and web-address that may be used by the Website, including in relation to your Property. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. In addition:
       1. All names, logos and related names, design marks and slogan used by us are trade marks or service marks of us or our licensees.
       2. Unless otherwise stated, the copyright, database rights and any other rights (including intellectual property rights) in all information, data, text, photographs, images, graphics and materials on the Website, and the design, layout, “look-and-feel” and appearance of the Website is owned by us or licensed to us by third parties. Any rights or licences of such materials not expressly granted by these Terms are reserved.
   18. Linking to the Website: You may link to the home page of the Website, 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, and 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 website, 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.

8. FEES

   Access to the Services and the Website, and registration for an Account, is currently free of charge. If you are selling Your Property and you register for an Account, the Sale Agreement will apply and charges may be payable to us under it.

9. DATA PROTECTION

   Please see our Privacy and Cookies Policy, which forms part of these Terms, for information as to how we use personal information that you provide to us through your use of the Services and the Website.

10. TERMINATION
    1. Term: This Agreement will continue in force until either we or you close your Account.
    2. Termination at any time: We may terminate this Agreement with immediate effect at any time by giving notice to you. You may terminate this Agreement with immediate effect at any time by closing your Account by using the functionality available within your Account.
    3. On termination: In the event that this Agreement terminated:
       1. you will cease to have access to the Services; and
       2. the accrued rights, remedies, obligations and liabilities of us and you as at cancellation or termination shall not be affected, including the right to claim damages for any breach of these Terms which existed at or before the date of cancellation or termination.
       3. Post-termination: Termination of the Agreement shall not affect the coming into force, or continuance in force, of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.
11. LIMITATION OF LIABILITY
    1. Statutory rights: Nothing in these Terms (including this Clause 11) affects or limits your statutory rights (including the right to insist that the Services shall be provided to you using reasonable skill and care).
    2. What we do not exclude liability for: We shall not exclude or limit our liability for:
       1. our fraud; or
       2. death or personal injury caused by our negligence; or
       3. any breach of the obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; or
       4. any other liability which cannot be excluded or limited by applicable law.
    3. What we are responsible for: If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this Agreement.
    4. Consumers only: We only provide the Services to you, as a consumer, for domestic and private use. You agree not to use the Services for any commercial, business or re-sale purpose, and, subject to Clause 11.2, we shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12. GETTING IN CONTACT

    If you wish to contact us in writing, or if any Clause in these Terms requires you to give us notice in writing, you can send this to us by email, by hand, or by pre-paid post to the address listed on the Website and by email to enquiries@indlu.co.uk. We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by email, by hand, or by pre-paid post to the address you provide to us when registering for an Account.

13. RETENTION OF RECORDS

    We shall keep a record of your use of the Services and these Terms until six years after you termination of this Agreement. However, for your reference in future, we recommend that you print and keep a copy of these Terms and keep a record of your use of the Services.

14. COMPLAINTS

    We value your satisfaction with the Website and the Services. You may contact us at any time at enquiries@indlu.co.uk. We will try to address any concerns you may have as soon as reasonably possible and we will contact you when we receive any relevant enquiry or complaint from you.

15. GENERAL
    1. Third party rights: A person who is not us or you shall not have any rights under or in connection with these Terms.
    2. Transfer by you: These Terms are personal to you. You may not assign, transfer, charge or otherwise encumber, create any trust over, or deal in any manner with, these Terms or any right, benefit or interest under them, nor transfer, novate or sub-contract any of your obligations under them, without our prior written consent (and we will not unreasonably withhold or delay our consent).
    3. Transfer by us: We may transfer our rights and obligations under these Terms to another organisation, and we will always inform you if that happens, but this will not affect your rights or our obligations under these Terms.
    4. Waiver: If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    5. Severance: Each of the provisions of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining provisions will remain in full force and effect.
    6. No partnership: Nothing in these Terms shall constitute a partnership or employment or agency relationship between us and you.
    7. Governing law: These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
    8. Jurisdiction: You submit to the exclusive jurisdiction of the English courts to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation, except where, by law, such dispute or claim must be brought in the jurisdiction in which you are domiciled, or where the relevant law contains mandatory provisions that override such exclusive jurisdiction.
    9. Property Valuation Form: Upon completion of the Valuation Request form, an employee of Indlu Limited may contact you via the details supplied to discuss the valuation of the property provided.