Property Listing and Transactional Platform Service
20.1 The Property Listing and Transactional Platform (PLTP) is a Service provided by Us to Commercial Users who provide estate agency or related services.
20.2 The PLTP Service enables Users who access Our site to search for residential property for sale or rental that has been:
20.2.1 listed by Commercial Users who have entered into a binding contract with Us to list their residential property stock for sale or rental; or
20.2.2 indexed by Us from the websites of estate agents or developers who have not declined to be indexed.
20.3 Defined terms within this clause 20 not otherwise defined within these terms and conditions shall have the meaning as set out in the Property Listing and Transactional Platform contract between You and Us.
Commercial Users with a Property Listing and Transactional Contract
Your Obligations to Us
20.4 You warrant that You are and operate as either an Agent or a Developer and are providing the services to the public normally associated with those businesses.
20.5 You warrant that You are not dealing as a consumer for the purposes of the Unfair Contract Terms Act 1977 or the Consumer Rights Act 2015
20.6 You warrant that You will only upload to Our Site, Stock which is freely available to buy or let and which You are either an Agent for the sale or rental of, or the Developer thereof. You may not upload to Our Site any Property Data pertaining to property or land for which You are neither an Agent or the Developer.
20.7 You warrant that You will use reasonable endeavours to ensure that the Property Data that you upload in respect to Your stock is accurate and a fair and in no way a misleading reflection of the property being listed. In respect of a given listing, You will only upload images pertaining to the actual property or land for sale or rent, the immediate locale or the occupier lifestyle.
20.8 Where the status of a property listed for sale or rent changes, for example, because a let has been agreed or an offer on it has been accepted, You will use reasonable endeavours to ensure that the status of the property is accurately represented by updating the listing within 24 hours of the status change.
20.9 Where You become aware of any material change to the Property Data pertaining to a property that you have listed, including (but not limited to) price or availability, You will use reasonable endeavours to ensure that the relevant details are corrected within 24 hours.
20.10 You may not continue to list Stock that is either sold or let. You must use all reasonable endeavours to ensure that such Stock is removed from Our site within 24 hours of becoming sold or let.
20.11 You may not list Stock under the status of Sold Subject to Contract, Under Offer or Reserved for more than 6 months. You may not list Stock under the status of Let Agreed for more than 6 weeks.
20.12 You will at all times during the term of the contract between You and Us, facilitate and provide a Live Feed of Your Stock to Us via our uploader.
20.13 At such times as the uploader is not available, You will nevertheless permit Us to index Your Stock for publication on Our website.
20.14 You will provide Us with valid contact details, comprising a telephone number and an email address in order to pass You Leads collated by Us. It is Your sole responsibility to ensure that such contact details are valid, up to date, working and regularly monitored. We will not be liable for any loss of business or loss of opportunity arising from Your inability to receive details of a potential Lead.
20.15 You will ensure that where using the PLTP to list property for sale or rental, You at all times hold any necessary licences, permissions and consents to conduct Your business as an Agent or Developer and You will comply will all relevant legislation and / or regulatory duties that apply to Your business and commercial activity as an Agent or Developer, including (but not limited to) the Estate Agents Act 1979, the Consumer Protection from Unfair Trading Regulations 2008, the Business Protection from Misleading Marketing Regulations 2008 and The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007, all as amended, and any other relevant legislation or regulatory provision as from time in force. You will also ensure that You follow and implement all relevant requirements of the Competitions and Markets Authority and the Advertising Standards Authority in respect of Your marketing of property via the PLTP Service.
20.16 You warrant that no Property Data uploaded to Our Site will breach any contract, be contrary to any law or regulation; infringe any copyright, trademark, intellectual property or any other similar right held by any person, partnership, charity, body corporate or any other entity.
Our Obligations to You
20.17 We will provide You with an online property listing service to market such Stock as is held by You from time to time and enable Users of Our Site to view such Stock.
20.18 We will provide the necessary uploader functionality to your CRM to enable You to upload Your Stock from time to time, as required under the contract between You and Us save where such uploader is not for the time being enabled, where We will, in the alternative, index Your properties on Our Site from data derived from Your website.
20.19 We will market the specifications of any uploaded or indexed property on Our Site until the property is withdrawn from listing or the listing is in breach of these Terms and Conditions.
20.20 We will notify You of any changes to the format or content requirements for uploading onto Our Site via a Live Feed as soon as reasonably practicable in advance of any changes.
20.21 We will use reasonable endeavours to ensure that Property Data uploaded by You to Us will be displayed on Our Site within 24 hours of receipt.
20.22 Subject to the requirements of these Terms and Conditions We will display Your Property Data as provided to Us, but for the avoidance of doubt, We reserve the right to edit, remove, or decline to display any Property Data that is in Our sole but reasonable opinion, inaccurate, misleading or otherwise breaches these Terms and Conditions.
20.23 Where You are not using Our estate agency tools to receive Leads, We will forward, by email, to You any Lead received by Us in respect of a property listed by You via Our PLTP Service. Leads will be forwarded to the relevant contact details held by Us.
20.24 Where You are using Our estate agency tools, we will provide the necessary technology interface to enable Your potential customers to contact you in respect of a listing.
Non Commercial Users – Search
20.26 The OneDome Search Service is a free to use facility provide by Us to Users to enable them to search for property to rent or buy within England and Wales.
20.27 We display listings of property either provided to us directly by estate agencies and developers with whom we partner or which we derive from indexing Property Data from their websites.
20.28 The accuracy of any listing and the specifics of the Property Data provided are the sole responsibility of the agent or developer who uploaded the listing to Our Site or from whose site we indexed the Property Data. We accept no liability for any error, inaccuracy or any other deficiency of Property Data in respect of property or land listed for sale or rental on Our Site. Users must rely on their own investigations and enquiries of the relevant agent or developer to satisfy themselves as to the property in question.
20.29 We provide the ability for You to engage with the agent or developer responsible for a given listing on Our Site by following the prompts on the property listing.
20.30 If the agent or developer uses Our estate agency tools then we provide a direct online interface between You and them.
20.31 If an agent or developer does not currently use Our estate agency tools, we will provide Your details to them directly via email.