Terms and Conditions
i. Your first use of Our Site; or
ii. Your entering into a binding Contract with Us for the provision of a specific Service(s)
If, at any time, you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site or Our Services immediately.
Where you are party to a binding Contract with Us for the provision of a specific
Service(s), you will continue to be bound by your contractual obligations, including these Terms and Conditions, in so far as they pertain to the Contract, until the contractual relationship has ended.
Definitions and Interpretation
- In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
|“Account”||means, respectively, a Business Account for Commercial Users or a Personal Account for other Users and collectively, the personal / identifying information and credentials used to access parts of Our Site and to access Our Content and Services;|
|“Business Day”||means any weekday other than a bank or public holiday in England;|
|“Calendar Day”||means all days in a month, including weekends and holidays;|
|“Client”||means a User who engages with one or a number of Commercial Users through Our Site or Services;|
|“Commercial User”||means any third party that accesses the Site or uses any of Our Services and is acting in the course of their trade, business or employment;|
|“Company Data”||means information pertaining to or provided by a Commercial User in respect of their business as well as results and output derived from a Commercial User’s use of or interaction with Our Site or Services;|
|“Company Mark”||means any word, logo or combination of both constituting a trade mark, typically employed by a Commercial User in order to distinguish their business|
|means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site or Our Services;|
|“Contract”||means, where extant, a binding agreement between You and Us for the provision of specific Services;|
|means information pertaining to or provided by a Client, as well as results and output derived from a Client’s use of or interaction with Commercial Users within Our Site or Services;|
|means Regulation (EU) 2016 / 679 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data, as and when it becomes applicable – the General Data Protection Regulation|
|means results, information and output derived from the PVT, providing an indicative capital and rental valuation on a residential property within a high medium or low confidence level;|
|The hours of 09:00 to 17:00 Monday to Friday, excluding Bank and Public Holidays;|
|“Party / Parties”
|means, separately and collectively, You and OneDome Ltd;|
|has the meaning given to it in the Data Protection Act 1998 and, once in force, shall have the meaning given to it in the General Data Protection Regulations;|
|“PVT”||The OneDome Ltd Property Valuation Tool;|
|means collectively any online facilities, tools, services, products, widgets, API or information that OneDome Ltd makes available through the Site either now or in the future and the provision thereof by Us to You;|
|“Site”||means the website that you are currently using (www.OneDome.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions;|
|“User”||means any third party that accesses Our Site or Services, including Commercial Users;|
|means OneDome Ltd, a company registered in England under 10117216, whose registered address is 116-118 Chancery Lane, London, United Kingdom, WC2A 1PP and whose main trading address is 116-118 Chancery Lane, London, United Kingdom, WC2A 1PP; and|
|“You/Your”||means, subject to these terms and conditions, any User (including Commercial Users) of Our Site and of our Content and Services.|
1.2 Clause and paragraph headings shall not affect the interpretation of these Terms and Conditions.
1.3 A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality) and that person’s legal and personal representatives, successors or permitted assigns.
1.4 Referenc to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
1.5 Words in the singular shall include the plural and vice versa.
1.6 A reference to one gender shall include a reference to the other genders.
1.7 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.8 A reference to writing or written includes e-mail but not faxes.
1.9 References to clauses are to the clauses of these Terms and Conditions.
Information About Us
- Our Site, OneDome.com, is owned and operated by OneDome Ltd, a limited company registered in England under 10117216, whose registered address is 116-118 Chancery Lane, London, United Kingdom, WC2A 1PP and whose main trading address is 116-118 Chancery Lane, London, United Kingdom, WC2A 1PP. Our VAT number is 243473118.
General Access to Our Site
- Access to Our Site is free of charge. Unless otherwise stated, Our Site does not require payment of any kind in order to access or use it, although specific Services may be chargeable. Providers of goods and services that may be procured through Our Site may charge You for any and all such goods and services that they provide to You.
- Access to Content or Services may require the creation of an Account. You must be at least 18 years old to create an Account.
- It is your responsibility to make any and all arrangements necessary in order to access Our Site or Our Services effectively. You are responsible for procuring and maintaining the network connections that connect You to Our Site or Our Services, including, but not limited to, compatible browser software. OneDome Ltd assumes no liability or responsibility for the performance or reliability of Your connection to Our Site or Our Services.
- Access to Our Site and Our Services is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site or Our Services (or any part thereof) at any time and without notice. We will not be liable to you in any way if Our Site or Our Services (or any part thereof) is unavailable at any time and for any period.
- Any Contract between You and Us for the provision of Services will incorporate these Terms and Conditions. Where there is a conflict between a term of the Contract and these Terms and Conditions, the term of the Contract will prevail.
- Where You are a Commercial User, Your use of Our Site and Our Services binds both You and Your business and / or employer (as appropriate) to these Terms and Conditions. Unless the context requires otherwise, all references to ‘You’ within these Terms and Conditions refer to both the individual user and the relevant person, company or legal entity on whose behalf and in the course of whose trade, business or employment they are acting. You warrant and represent that You either:
- have authority to bind the other person, company or legal entity as envisaged in clause 3.6 above; or
- the other person, company or legal entity is already so bound by these Terms and Conditions and You are accessing Our Site or Our Services though an account that has been set up and is administered for you, by them or by their appointed super user.
Agency Toolkit and Conveyancing Transactional Portal (CTP)
Access to Agency Toolkit and CTP
4.1 The Agency Toolkit is a Service provided by Us to Commercial Users who provide Estate Agency or related services. It constitutes, the basic package of products, from time to time constituted, as well as any premium addons selected by You.
4.2 The CTP is a Service provided by Us to Commercial Users who provide residential conveyancing services. It constitutes a collection of tools and services to facilitate the conveyance of residential property and is provided as from time to time constituted. The CTP is augmented with 3rd party integrations.
4.3 Access to the Agency Toolkit or the CTP, requires a named Commercial User to enter into a Contract with Us on behalf of their business, to create an Account and to complete an onboarding process. In the case of the Agency Portal, this includes the download and installation of relevant code for import onto the User’s website or integration via an API.
4.4 Where required, You are responsible for facilitating access to Your website to enable installation of relevant code or integration with Our API either directly, or by directing Your 3rd party suppliers to facilitate such access.
4.5 Unless otherwise agreed between You and Us, You are solely responsible for the proper installation of relevant code or for integration with Our API.
4.6 You must provide full valid information, as required, to create an Account.
4.7 You are wholly responsible for all activity that occurs under Your Account. You must notify us immediately if You become aware of any unauthorised use of Your Account or any activity under Your Account that would breach Your obligations under these Terms and Conditions. You may not access our Site or Our Services using Account details belonging to another User or allow Your Account details to be so used.
4.8 Where You are a Commercial User and have been designated as a super user, You are solely responsible for administering the Accounts which you set up and manage. You must take all reasonable steps to secure Accounts for which You are responsible and to disable Accounts assigned to users who cease to be employed by or otherwise associated with Your business.
Charges, Term and Payment
4.9 Unless specifically agreed between You and Us, the use of the Agency Toolkit (including any premium addon) is a chargeable Service offered on a rolling monthly basis with no minimum or fixed term.
4.10 The cost of Your access to the basic package is chargeable monthly in arrears, is based on the number of properties listed by You for sale and rent in a given month and is set out in Your service Contract. For the avoidance of doubt, the fee chargeable is the same whether You use all or some of the features available within the basic package.
4.11 The cost of Your access to premium addons is chargeable monthly in arrears. The basis or frequency of any charge, is set out in Your service Contract.
4.12 Fees are chargeable on a pro rata basis of 1/30th per calendar day for the first month of use and on a whole month basis thereafter. You are not entitled to a refund or credit for partial months of use or for periods of inactivity whilst your Account is active.
4.13 We will conduct, and you consent to, active monitoring of your account and the collection of data from Your website in respect to the volume of Your listings, to calculate Your monthly fees.
4.14 The use of the CTP (which for the purpose of this clause 4.14 does not including third party integrations) is free for Commercial Users.
4.15 Unless the workflow indicates or permits otherwise, the use of the third-party services integrated within the CTP is mandatory to progress and complete a case matter within the portal.
4.16 You will be charged, at a rate set out in Your service Contract, for your use of third party integrations.
Agency Toolkit and CTP
4.17 Unless otherwise agreed between You and Us, all fees owing for the previous month of service for which an invoice has been sent, are due for payment by bank transfer within 15 calendar days of invoicing. No other form of payment is accepted.
4.18 Unless otherwise agreed between You and Us, invoices will be sent by email to the email address of the Account super user and will be deemed to have been received on the date of transmission.
4.19 VAT is chargeable at the current rate on all chargeable services and all figures are exclusive of VAT unless expressly stated to the contrary.
Late Payment, Cancellation and Termination
4.20 Unless alternate payment arrangements have been agreed between You and Us, We reserve the right to suspend or terminate Our provision of Service to You and Your access to any of Our Services with immediate effect if Your Account is in arrears by close of business on the 15th calendar day after invoicing.
4.21 Without prejudice to sub-clause 4.20, any sums which remain unpaid following the expiry of the period set out in sub-clause 4.17 above shall incur interest on a daily basis at 8% above the base rate of the Bank of England from time to time, until payment is made in full of any such outstanding sums.
4.22 Unless otherwise agreed between You and Us, you may cancel the provision of Services at any time but will remain liable for all fees outstanding at that time including any fees due for the month within which you provided notification of cancellation.
4.23 Cancelation may only be effected by written notice from You to Us at firstname.lastname@example.org. The termination of the cancelled Services may take up to 24 hours to come into effect.
4.24 On cancelation, your unique client ID will be suspended and Your Account access restricted. Associated Services will cease to work. You are responsible for the removal of any code and or widgets from your website and the cleansing of any data within your Account where You are the data controller.
Client and Company Data
4.25 Where You are a Commercial User, both Client Data (that is not Personal Data) and Company Data that You upload, transmit or otherwise introduce to our servers in the course of using Our Service (Your Data), is your intellectual property. You grant Us a non-exclusive, non-transferable, royalty free licence to view and process Your Data for the purposes, of:
4.25.1 administering the Service on Your behalf; and
4.25.2 optimising and improving Our Site or Our Services; and
4.25.3 generating reporting or other analytics as to usage or our Site or Services; and
4.25.4 facilitating transactional or other commercial activity between You and other Users within Our Services.
4.26 Where You are a Commercial User, You are responsible for the accuracy,
quality, integrity, legality, reliability and appropriateness of Your Data and, as applicable to Your business, You and not OneDome Ltd (save in its role as data processor) are solely responsible under all relevant law, regulation and statute, in respect of Your Data held on Our servers.
4.27 If You are a Commercial User, and You introduce to, or hold within, Our servers, any Personal Data of the Client, You agree that You shall be the data controller and OneDome Ltd shall be a data processor and in any such case:
4.27.1 You shall ensure that You are entitled to transfer the relevant Personal Data to Us so that We may lawfully use, process and transfer the Personal Data in accordance with these Terms and Conditions on Your behalf;
4.27.2 You shall ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation, including GDPR once in force;
4.27.3 We shall process the Personal Data only in accordance with the terms of these Terms and Conditions and any lawful, documented instructions reasonably given by You from time to time; and
4.27.4 each party shall take appropriate technical and organisational measures against unauthorised or unlawful processing of the Personal Data or its accidental loss, destruction or damage.
4.28 It is agreed between You and Us that as, respectively, Data Controller and
Data Processor for Personal Data of a Client that is introduced to or held within Our servers by You that:
4.28.1 We shall only process Client data, including Personal Data pertaining of that Client; and
4.28.2 We shall process such data for no longer than the duration of the Contract between You and Us, at the termination of which, We shall delete or return the Personal Data as requested by You or in any case, delete the data within 90 days unless such data has, at the request of the Client, being the data subject, been transferred to a third party who will thenceforth act as data controller of that data ; and
4.28.3 We shall process such data, only, for the purpose of facilitating the professional services being provided by You to that Client; and
4.28.4 We shall process Personal Data of that Client limited to that necessary for the proper performance of the professional services being provided by You to that Client and for such other purposes for which you have received the informed consent of that Client for such Personal Data to be processed; and
4.28.5 You have the right to audit Us in respect, only, of our processing of such Client Personal Data on Your behalf and We will provide You with such information as reasonably necessary to assist you in demonstrating Your compliance with Your obligations as a data controller; and
4.28.6 We will ensure that Our staff, who are involved in the processing of Client Personal Data are under a contractual duty of confidentiality in respect to inter alia, that Client Data; and
4.28.7 We will store all Client Personal data processed by Us on Your behalf in a secure, encrypted, manner to protect against unauthorised or unlawful processing, accidental loss, destruction or damage; and
4.28.8 We will make notification to You and as required any relevant supervisory authority of any data breach of which we come aware, including any notifiable data breach, without delay and in any case within 72 hours of becoming aware of such a breach; and
4.28.9 We will on receipt of written instructions from You assist You in complying with Your obligations in respect of data subjects exercising their rights, including the deletion of any and all Client data held on a given Client who has requested such data be deleted.
4.29 All Personal Data is stored within the European Economic Area (EEA).
Support and Maintenance
4.30 Support for the Agency Toolkit and the CTP is available either through the ‘Help’ widget on Our Site or at email@example.com
4.31 Users are directed to the provisions of Clauses 3.3 and 3.4 of these Terms and Conditions.
4.32 Support for Our Site and Our Services is available during Office Hours only
4.33 Details of our targeted Service Level Agreement (SLA) on Service, maintenance and Site availability and support is available from firstname.lastname@example.org.
4.34 Both minor updates, including but not limited to patches and hotfixes as well as major updates constituting significant upgrades to the Service will be effected automatically and will typically not impact on the availability of the Service.
5.1 Locality Reality is a Service provide by Us which enables home movers and others to consider and compare the facets and characteristics of residential property on a post code level
5.2 Locality Reality and its related content is provided for informational and educational purposes only. It does not constitute advice as to the procurement of property. OneDome Ltd accepts no responsibility for the accuracy of the data from which a score is derived nor of the individual or composite scores pertaining to a given postcode.
5.3 You should take professional advice or conduct personal research before any action is taken in regard to procuring property in a given area.
‘Property Valuation Tool’ (PVT)
6.1 The OneDome Ltd Property Valuation Tool receives Data via an API from Hometrack Data Systems Ltd and it is provided to Commercial Users by Us as a premium addon (OneVal) and to other Users via Our Site.
6.2 The purpose of this Service is to provide a property valuation tool to Users of the Service for the purposes of, respectively, lead generation
for Commercial Users and consequentially, an informational service to the clients of such Commercial Users as well as to other Users of Our Site, as to the indicative valuation of residential property.
6.3 Commercial Users of OneVal and other Users accessing the PVT via Our Site are granted a personal, non-transferable and non-exclusive right to use the PVT and the Data generated thereby subject to the following conditions of use:
6.3.1 Commercial Users may not charge their customers or clients either directly or indirectly for use of this Service
6.3.2 Users may not use the Data or results derived from the Data for any purpose or in any manner not specifically authorised in these terms and conditions;
6.3.3 Users may not create or recreate the source code for the computer software underlying this Service or (except to the extent permitted by law) re-engineer, reverse engineer, decompile or disassemble the Data underlying the Service;
6.3.4 Users may not refer to, obtain guidance from or use this Service as part of any effort to develop computer software having the functional attributes, visual expressions or other features similar to those of this Service;
6.3.5 Users may not systematically copy or store a substantial part (which for the avoidance of doubt, shall constitute 5 per cent or more) of the Data derived or derivable from the PVT, for any purpose, including, with a view to creating or compiling any form of comprehensive collection, compilation, directory or database of property valuations or with a view to commercially competing with OneDome Ltd or Hometrack Data Systems Ltd;
6.3.6 Users may not for commercial or any other purpose, replicate or reproduce in whole or in part the Data to use post termination of any right granted by Us to use the PVT or the Data.
6.3.7 Further to the provisions of Clause 14, the use of the PVT and the Data, by Users, is subject to, a fair usage policy and solely for the purposes of, respectively, personal, non-commercial, research in pursuance of the sale or purchase of a property or, honest commercial practices and to facilitate existing business. Where, in Our sole discretion, We determine that a User is in breach of this policy, we may, amongst other actions, withdraw this Service without notice.
6.3.8 Users may not use any automated tool to request Data from the Service
6.3.9 All intellectual property rights in the Data are owned by or licenced to Hometrack Data Systems Ltd. No right, title or interest in such Intellectual Property Rights shall pass to the User under these Terms and Conditions.
6.3.10 Hometrack Data Systems Limited shall not be liable in any way for any loss or damage suffered by a User arising out of or in connection with use of the Data. Hometrack Data Systems Limited shall not be liable for any loss of actual or anticipated income or profits or loss of contracts (in each case whether direct or indirect) or for any other special, indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence) breach of contract or otherwise, whether or not such loss or damage is foreseeable, foreseen or known. Nothing in these terms shall exclude or in any way limit Hometrack Data Systems Limited’s liability for fraud, or for death or personal injury caused by its negligence, or any other liability to the extent such liability may not be excluded or limited as a matter of law.
6.3.11 Commercial Users who exceed fair usage limits may incur additional monthly charges in addition to fees levied for their use of the OneVal product.
Anti-Money Laundering (AML) and Know Your Customer Services (KYC)
7.1 The OneDome Ltd AML and KYC service receives data via an API from Onfido Limited and it is provided to Commercial Users by Us as a premium addon to the Agency Tool Kit and as a third-party integration to the CTP.
7.2 Where You use this Service, you represent and warrant that You have taken all required steps to ensure that We may lawfully obtain the Personal Data for the purpose of providing the Services in accordance with applicable data protection and privacy laws (including having obtained all necessary consents and provided all necessary notices, where required) and that the Personal Data provided is accurate, complete and provided in a form that We can process to maximise the quality of the Service.
7.3 You are solely and fully responsible for ensuring that all third-party data provided for the purposes of using this Service is accurate, complete and captured in a form that We can process to maximise the quality of the Service.
7.4 If You receive any complaint, notice or communication from a regulator or law enforcement agency which relates to this Service, any data provided under this Service or in respect of Your legal compliance is respect of this Service, You shall immediately notify Us and shall provide Us with reasonable co-operation and assistance in relation to any such complaint, notice or communication.
7.5 You will comply with all applicable laws and regulations (including any obligation to seek prior regulatory review, approval or similar) with respect to its activities in respect of this Service and will not:
7.5.1 use the services to discriminate against any third party, or otherwise misuse the reports generated from use of this Service, in violation of applicable law;
7.5.2 use this Service in a manner that causes damage or injury to any person or property;
7.5.3 act or omit to act in a way which interferes with or compromises the integrity or security of this Service;
7.5.4 access all or any part of the Services in order to build a product or service which competes with this Service;
7.5.5 except as may be required by any applicable law which is incapable of exclusion by agreement between You and Us:
18.104.22.168 attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of this Service (as applicable) in any form or media or by any means to any individual or entity, including without limitation, third parties; or
22.214.171.124 attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of this Service; or
126.96.36.199 attempt to access the services other than through the means made available to You by Us.
7.6 You acknowledge and agree that this Service is based on information that was not collected, in whole or in part, for the purpose of serving as a factor in establishing a consumer’s eligibility for credit or insurance to be used primarily for personal, family or household purposes, employment, or any other similar purpose. Accordingly, You shall not use this Service as part of Your decision-making process for determining a consumer’s eligibility for credit, insurance or any other similar purpose. For the avoidance of doubt, this clause is not intended to prohibit You from using this Service for the purpose of verifying a third party’s identity.
8.1 OneCheck is a service provided by Us as a premium addon to Commercial Users of the Agency Tool Kit.
8.2 OneCheck verifies agency leads by extracting and collating publicly available data from social media channels like Facebook, LinkedIn and Twitter. The tool provides the user with a complete profile of each potential customer.
8.3 OneCheck is provided for informational and educational purposes only. OneDome Ltd accepts no liability for the accuracy of the data from which the results are derived.
Intellectual Property Rights
9.1 All Content included on Our Site and the copyright and other intellectual
property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties. All rights are reserved.
9.2 Subject to sub-Clause 9.3 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
9.3 You may:
9.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
9.3.2 Download Our Site (or any part of it) for caching;
9.3.3 Print pages from Our Site;
9.3.4 Download extracts from pages on Our Site; and
9.3.5 Save pages from Our Site for later and/or offline viewing.
9.3.6 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
9.3.7 You may not use any Content or Services saved or downloaded from Our
Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) save where such a licence is explicitly granted within these Terms and Conditions or a Contract between You and Us. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by Commercial Users or consumers.
9.3.8 Nothing in these Terms and Conditions limits or excludes the provisions
of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; the making of personal copies for private use; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
9.3.9 Unless expressly indicated to the contrary, all Intellectual Property Rights inherent in Our Services or their component parts, belongs to OneDome Ltd, including, but not limited to: the name of the Service, design elements, user interfaces, features and documentation.
9.3.10 You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile or dissemble any aspect or component of a Service owned by Us or any third-party supplier.
9.3.11 You may not access or seek to access Our Services through any means other than through the designated interface provided by Us for access.
9.3.12 Where You are a Commercial User of one of Our Services, You grant Us a non-exclusive, non-transferable, royalty free right to display Your Company Mark both within that Service and on Our Site.
Third Party Intellectual Property
Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties.
Links to Our Site
11.1 You may link to Our Site provided that:
11.1.1 You do so in a fair and legal manner;
11.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
11.1.3 You do not use any logos or trade marks displayed on Our Site without Our express written permission; and
11.1.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
11.2 You may link to a page other than the homepage of Our Site, www.OneDome.com.
11.3 Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at email@example.com for further information.
11.4 You may not link to Our Site from any other site the main content of which contains material that:
11.4.1 Is sexually explicit;
11.4.2 Is obscene, deliberately offensive, hateful or otherwise inflammatory;
11.4.3 Promotes violence;
11.4.4 Promotes or assists in any form of unlawful activity;
11.4.5 Discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
11.4.6 Is designed or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
11.4.7 Is calculated or is otherwise likely to deceive another person;
11.4.8 Is designed or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
11.4.9 Misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of sub-Clause 11.4);
11.4.10 Implies any form of affiliation with Us where none exists;
11.4.11 Infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
11.4.12 Is made in breach of any legal duty owed to a third party including,
but not limited to, contractual duties and duties of confidence.
11.4.13 The content restrictions in sub-Clause 11.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 11.4. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.
Our Site may contain links to third party products, services and websites. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. Further, where Our Site contains information provided by third parties, We accept no responsibility for any inaccuracies in this information. Nor, do We accept any responsibility or liability for any misleading or inaccurate advertising from third parties, which remains their sole responsibility. The inclusion of a link to another site on Our Site is for information only and does not, unless expressly stated to the contrary, imply any endorsement of the sites themselves or of those in control of them.
13.1 The Content on Our Site does not constitute advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to buying or selling property or the procuring of financial, legal or other professional or trade services.
13.2 We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
13.3 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
Liability and Indemnity
14.1 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or Our Services, or the use of or reliance upon any Content or Services included on Our Site.
14.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content or Services included on Our Site.
14.3 If You are a Commercial User, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
14.4 We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of Your use of Our Site or Our Services (including the downloading of any Content from it) or any other site referred to on Our Site.
14.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site or Our Services resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
14.6 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.
14.7 OneDome Ltd reserves the right to alter, suspend or discontinue any part (or the whole of) Our Site including, but not limited to, the products and/or Services available. These Terms and Conditions shall continue to apply to any modified version of the Site unless it is expressly stated otherwise.
14.8 Our aggregate liability to You shall not exceed the total sum paid by You to Us for Services provided by Us to You, in the last 12 months preceding the event(s) giving rise to the claim.
14.9 You hereby indemnify Us and undertake to keep Us indemnified against all expenses, costs, liabilities, damage and loss (including without limitation legal expenses and any and all amounts paid to 3rd parties in settlement of a claim or dispute) incurred or suffered by Us and arising directly or indirectly for either Your breach of these Terms and Conditions or your use of Our Site or Our Services other than in accordance with these Terms and Conditions.
15. Viruses, Malware and Security
15.1 We exercise all reasonable skill and care to ensure that Our Site and its component Services are secure and free from viruses and other malware.
15.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
15.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site or Our Services.
15.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
15.5 You must not attack Our Site or Services by means of a denial of service attack, a distributed denial of service attack, or by any other means.
15.6 By breaching the provisions of sub-Clauses 15.4 to 15.6 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site or Services will cease immediately in the event of such a breach.
16. Acceptable Usage Policy
16.1 You may only use Our Site or Our Services in a manner that is fair and lawful.
16.1.1 You must ensure that you comply fully with any and all local, national or international laws and/or regulations;
16.1.2 You must not use Our Site or Our Services in any way, or for any purpose, that is unlawful or fraudulent;
16.1.3 You must not use Our Site or Our Services to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
16.1.4 You must not use Our Site or Our Services in any way, or for any purpose, that is intended to harm any person or persons in any way.
16.1.5 You must not use Our site, or the Content, Data or Services provided, in a manner which is commercially detrimental to Us or, in Our sole opinion, in a manner which constitutes an abuse of any implied or explicit licence granted by Us to You.
16.1.6 We reserve the right to suspend or terminate Your access to Our Site
or Our Services if You materially breach the provisions of this Clause 14 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
188.8.131.52 Suspend, whether temporarily or permanently, Your right to access Our Site or Our Services;
184.108.40.206 Issue You with a written warning;
220.127.116.11 Take legal proceedings against You for reimbursement of any and all relevant costs on an indemnity basis resulting from Your breach;
18.104.22.168 Take further legal action against You as appropriate;
22.214.171.124 Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
126.96.36.199 Any other actions which We deem reasonably appropriate (and lawful).
188.8.131.52 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
Privacy and Cookies
Changes to these Terms and Conditions
18.1 We may alter these Terms and Conditions at any time. Any such changes will become binding on You upon your first use of Our Site or Our Services after the changes have been implemented. You are therefore advised to check this page from time to time.
18.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
Termination and/or Suspension
In the event that any of the provisions of these terms are not followed, OneDome Ltd reserves the right to suspend or terminate Your access to Our Site or any Service. If You are banned in this way, You must not attempt to use Our Site under any other name or by using the Account credentials of another, with or without their permission.
Communications from Us
21.1 We may from time to time send you important notices by email or via Your Account. Such notices may relate to matters including, but not limited to, service updates, service changes, billing, fees and changes to these Terms and Conditions.
21.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link or you may manage your preferences in respect of marketing communications from within your Account management page. If You opt out of receiving emails from Us at any time, it may take up to 5 business days for your new preferences to take effect.
21.3 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at firstname.lastname@example.org.
22.1 Any and all personal information that We may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights and Our obligations under that Act or, when in force the requirements of the GDPR.
Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party under the provisions of the Contracts (Rights of Third Parties) Act 1999. The agreement created by these Terms and Conditions is between You and OneDome Ltd.
No failure or delay by either Party in exercising their respective rights under these Terms and Conditions or shall be deemed to be a waiver of that right, and no waiver by either Party of a breach of any provision of these shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
Where, in addition to these Terms and Conditions, You have entered into a separate contractual agreement with Us for the provision of specific Services, the following provisions will apply to that agreement:
25.1 Force Majeure
Neither Party shall be liable for any failure or delay in performing obligations under the Contract where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, internet or server provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
25.2 Further Assurance
Each Party shall execute and do all such further deeds, documents and things as may be necessary to carry the provisions of the Contract into full force and effect.
Subject to any provisions to the contrary, each Party to the Contract shall pay its own costs of and incidental to the negotiation, preparation, execution and carrying into effect of the Contract.
25.4 Entire Agreement
25.4.1 The Contract constitutes the entire agreement between the Parties with respect to its subject matter and may not be modified except by an instrument in writing signed by the duly authorised representatives of the Parties.
25.4.2 Each Party acknowledges that, in entering into the Contract, it does not rely on any representation, warranty or other provision except as expressly provided in the Contract, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
The Contract may be entered into in any number of counterparts and by the Parties to it on separate counterparts each of which when so executed and delivered shall be an original, but all the counterparts together shall constitute one and the same instrument.
In the event that one or more of the provisions of the Contract is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of the Contract. The remainder of the Contract shall be valid and enforceable.
The Parties agree that the times and dates referred to in the Contract are for guidance only and are not of the essence of the agreement and may be varied by mutual agreement between the Parties.
25.8 Relationship of the Parties
Nothing in the Contract shall constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship between the Parties other than the contractual relationship expressly provided for in the agreement.
You shall not, for the term of the Contract and for a period of 12 months after its termination or expiry, employ or contract the services of any person who is or was employed or otherwise engaged by the Service provider at any time in relation to the Contract, without Our express written consent.
26 Law and Jurisdiction
26.1 These Terms and Conditions, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
26.3 If You are a consumer, any disputes concerning these Terms and Conditions, the relationship between You and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of either England, Wales, Scotland, or Northern Ireland, as, if appropriate, determined by your residency.
26.4 If You are a Commercial User, any disputes concerning these Terms and Conditions, the relationship between You and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.