FlatDirectory Terms and Conditions

The FlatDirectory web-sites ending on .co.uk, .com, .net and .org as well as a series of social media groups and sides (hereafter “our website”, “our websites”, “our site” or “our sites”) are offered to the public by FlatDirectory Ltd. (here after “we”, “us” and “our” in any grammatical version of these), a company registered in England and Wales under company registration number 11500021, under these terms and conditions together with our privacy policy and any other documents referred to therein.

If you do not agree to these terms and conditions, you must not use our sites.

The marking of the tick box nest to “I have read and accept the terms and conditions for using – and the privacy policy of – the FlatDirectory web-site”, will be deemed as you (hereafter “the user”, “user”, “the users” or “users”) have read, understood and accepted these terms and conditions and the privacy policy, and henceforth these “terms and conditions”, the “privacy policy” and any document referred to herein constitute a legally binding agreement between the user and us based solely on this agreement.

These agreements relate to products, services, content and subscriptions supplied by us directly only and do not cover any product, service, content and subscription supplied by 3’d party collaborative partners of ours or 3’d parties who advertise products, services, content or subscriptions through our websites, who and which we have no direct control over and who may have their own terms and conditions and privacy policies!

We reserve the right to amend these terms and conditions from time to time. Any changes will be posted on our websites. Your continued use of our websites after posting will constitute your acceptance of, and agreement to, any changes. Specific services that we offer, or make available to you, may also be governed by additional or alternative terms and conditions with us, or other third parties.

Registering on our websites

You must be 18 years old or over to create an account on our websites and to contact our partners through our websites, and warrant that the details you provide on registration are true, accurate, complete and current.

You must promptly update your account with any changes to your account details.

You must create a password when you register and you are responsible for maintaining the confidentiality of that password.

You agree that any person to whom your username or password is disclosed is authorised to act as your agent and account for the purpose of transacting for any services via this website, and you will be responsible for any and all activity conducted using your password.

You shall take any and all reasonable steps to prevent unauthorised access to your account via any computer or other device that you use to access your account.

If you believe someone has, without authorisation, accessed an account that you created on our website, please contact us immediately.

When you create an account you, may be given the opportunity to opt-in to receive marketing emails from us or our 3’d party partners.

You can manage your email subscription preferences via our websites or unsubscribe from emails at any time.

Never mind your settings on our website in regards to receiving email, from time to time, we may need to send you service emails relating to your accounts, and by agreeing to these terms and conditions you grant us the right to do so.

Social media

We operate a series of social media sites and groups – including but not limited to – on Facebook, Instagram, LinkedIn, Google+, Trustpilot etc., all related to the core activities of our company.

When approved as a member of any such social media presence, you accept that we and any 3’d party that we approve may share any postings in full or in part that you make on these social medias on our websites and any other publications that we or may find appropriate, whether for informative or for commercial reasons.

Ordering products and services

Product types

We operate with five different types of paid for or free materials, products and services (hereafter “products”) on our websites:

1.      Subscription products (“subscription”)

Subscription products are standard products which run for a defined period of time, where the period will automatically be prolonged for a period of 31 days and the buyer automatically will be charged for one more period based on our listed prices, until the buyer actively cancel the delivery of the subscription product from the individual “My FlatDirectory” part of our websites, which is accessible to the individual subscriber when logged in to the relevant websites.

All subscription products are delivered electronically.

2.      Bespoke products (“bespoke”)

Bespoke products are products which are produced specially for or relate to the individual subscriber, and delivered either to the subscribers “Vault” (which is accessible from the individual “My FlatDirectory” part of our websites, which is accessible to the individual subscriber when logged in to the relevant websites) or send to the email address listed in the individual subscribers “My FlatDirectory profile”.

Products which are bespoke include – but are not limited to – My FlatDirectory Passport, My Validated Docs, My Priority Post, My Premium Post etc.

All bespoke products are delivered electronically.

3.      Non bespoke standard products (“non bespoke”)

Non bespoke products are standard material which is offered- or published in a standard format- on our websites without changes to the standard format.

Products which are non bespoke include – but are not limited to – My Standard Post.

All non bespoke products are delivered electronically.

4.      Standard physical products (“standard physical”)

Physical products are tangible products in physical or electronic form.

If the product is a physical product, it will be delivered via a physical delivery service to the address listed as the delivery address by the ordering party at the time of ordering, whether this ordering address is for the ordering party or a 3’d party.

If the product is an electronic product and the ordering party is a subscriber, it will be delivered to either the “Vault” of the subscriber, via email to the subscriber or via email to a 3’d party listed as the email delivery address by the subscriber, depending on the delivery method selected by the ordering party at the time of ordering said product.

Products which are physical include – but is not limited to – apparel, electronics, reports, statistical material etc.

5.      Packaged products (“packages”)

Packaged products are any combination of the above products sold as a package and the delivery of the individual elements are as described above.

Payment

When you activate the “Pay” button on any of our websites, you agree to us being allowed to draw the funds relating to the products, services, content or subscriptions shown as “Total” from the credit- or debit- card or bank account number entered during the ordering process.

You also agree to and undertake that you are legally entitled to use this credit- or debit- card or bank account and that there are sufficient funds available in said account to cover this transaction and any future transactions when the purchase is related to a subscription product or service.

Any online fund transfer will happen through a SSL-connection, which mean that an encrypted connection will be established between the terminal that you use for the transaction and our website. When SSL connection has been established, it will not be possible for a 3’d party to read your card information’s.

An SSL connection can be recognised by the displaying of a padlock icon in the browser status line of the browser you use for the transaction, where the padlock is locked.

To achieve as high a degree of security as possible in connection with your card- and/or bank payment, we do not store any of your card- or bank information – they are only used and stored by our payment service provider!

After having made any payment, a receipt for your purchase will be send to the email address listed by you during the payment process.

Right to cancellation of products

Your right to cancellation and potential refunds depend on the individual type of product:

a)     Subscription products

Subscription products are activated immediately after the purchase has been completed and is considered delivered to you at that time.

You do not have any right to withdraw the purchase once you have activated the subscription the first time, and therefore no right to cancel the order or right to any refund once you have activated the subscription.

You also accept that any subscription products automatically will be renewed for one a month period at a time until you yourself actively cancel your subscription in the “Subscriptions” section of the “My FlatDirectory Account” section of our websites, after which the changes will take place at the end of the period you have already subscribed for.

b)     Bespoke products

For bespoke products the process of producing your product will start immediately after the purchase has been completed and you will not have any right to withdraw the purchase once the ”Pay” button has been activated in connection with ordering bespoke products on our websites.

c)      Standard physical products

  1. For electronically delivered standard physical products, these will be delivered either in the “Vault” (which is accessible from the individual “My FlatDirectory” part of our websites, which is accessible to the individual subscriber when logged in to the relevant websites) or send via email immediately after the purchase has been completed and you will not have any right to withdraw the purchase once the “Pay” button has been activated in connection with ordering the products on our websites.
  2. For physical products, the delivery will have taken place upon the recipient or a representative of the recipient having signed for the delivery.

You will always have the right to return such physical products to us within 14 days from the date of delivery and get a full refund for such purchase, as long as the product and its packing has not been damaged by you.

If the product or the packing has been damaged, we reserve the right to deduct an appropriate amount – to cover any cost we may reasonably have to rectify any such damages so that the product and its packing is brought back to the condition that it was in when original shipped from us – from the original purchase price prior to issuing any refund.

d)     Packaged products

If a packaged product contain either a subscription product, a bespoke product or an electronically delivered standard physical product, the product is considered delivered immediately after the purchase has been completed and you will not have any right to withdraw the purchase once the “Pay” button has been activated in connection with ordering the products on our websites.

For packaged products which only consist of physical products, the delivery will have taken place upon the recipient or a representative of the recipient having signed for the delivery.

You will always have the right to return such physical products to us within 14 days from the date of delivery and get a full refund for such purchase, as long as the product and its packing has not been damaged by you.

If the product or the packing has been damaged, we reserve the right to deduct an appropriate amount – to cover any cost we may reasonably have to rectify any such damages so that the product and its packing is brought back to the condition that it was in when original shipped from us – from the original purchase price prior to issuing any refund.

Any refunds will be made to the credit- or debit- card or bank account used at the time of purchase and you should expect to have the funds in your account within 30 days from the refund being authorised by us.

Your rights and responsibilities

Materials you provide

By submitting content on our websites or otherwise providing content to us, you grant us a worldwide, royalty-free, perpetual, irrevocable, exclusive, sub-licensable and fully transferable licence to use, reproduce, display, sell, modify and edit the content and you waive any moral rights you may have in the content.

We will not pay you any fees for the content and reserve the right in our sole discretion to remove or edit the content at any time.

You warrant and represent that you have all rights necessary to grant us these rights.

We will permit you to post content on our websites in accordance with our procedures and provided that the content is not illegal, obscene, abusive, threatening, defamatory or otherwise objectionable to us.

Any personal data that you provide via, or in connection with, the websites will be governed by our privacy policy.

Your responsibilities

The content on our website is provided for general information only and is not intended to amount to advice or offers on which you should rely.

You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Please note in particular that we are not an estate- or letting- agency or acting on behalf of any landlords in any way, shape or form.

Some of our websites provide a service where estate- and letting agents and landlords may market and you may view property details.

The estate- or letting- agents or landlords that post the details are solely responsible for their accuracy and for fielding enquiries relating to those properties.

Though we may make contact options available from our website, we do not actually participate in any communications between you and estate- or letting- agents or landlords, nor in any part of a subsequent property transaction.

We host the Details in good faith but we have not verified them and we make no representations, warranties or guarantees, whether express or implied about the details.

We are also not giving you any advice (investment, financial or otherwise) in respect of any content on our websites or recommending or endorsing any properties, products or content on our websites.

Some of our website provides the option where individual subscribers can upload and share content with estate- and letting agents and landlords as well as other subscribers and visitors to the website.

The individual subscriber who upload or submit and material are solely responsible for the accuracy, validity and authenticity of this material, and we can in no way, shape or form be held responsible for the accuracy, validity and authenticity of any such material or content.

Closing account

You may close your account with us at any time by – when logged in to our websites – going to “My FlatDirectory Account”, tick “close my account”.

You will now be asked if you wish to put your subscription on hold (which is recommended) where by any material held in your “Vault” is kept for a period of 24 months (two years), within which period you can re-activate your subscription, or if you wish to close your account completely on a permanent basis, in which case everything relating to your subscription and account will deleted within 14 days (two weeks), and can never be retrieved.

After having made this choice, you are asked to enter your password again and to confirm your selected choice.

Restrictions on Use

You agree not to:

  • transmit any material designed to interrupt, damage, destroy or limit the functionality of our websites;
  • use any automated software to view our websites without consent and to only access our websites manually;
  • use our websites other than for your own personal use or as a landlord or as an agent listing properties to rent;
  • attempt to copy our data or reverse engineer our processes;
  • use our websites in any manner that is illegal, immoral or harmful to us (including to commit or facilitate the commitment of any fraud against us);
  • use our websites in breach of any policy or other notice on our websites;
  • remove or alter any copyright notices that appear on our websites;
  • publish any material that may encourage a breach of any relevant laws or regulations;
  • interfere with any other user’s enjoyment of our websites;
  • transmit materials protected by copyright without the permission of the owner; or
  • conduct yourself in an offensive or abusive manner whilst using our websites.

We shall be entitled to suspend the services and/or terminate these terms and conditions without notice to you if you commit a breach of these terms and conditions, and in particular these restrictions on use, which in our reasonable opinion is serious enough to justify immediate termination.

Indemnification

You agree to indemnify, defend and hold us and our affiliated companies, shareholders, officers, directors, employees, agents or suppliers harmless from any and all claims or demands, made by any third party due to or arising out of your use of our websites or through your password or otherwise, the violation of these terms and conditions by you, or the infringement by you of any intellectual property or other right of any other person or entity.

Our rights and responsibilities

Disclaimer and liability

Our websites (including all content on them) are provided by us on an “as is” and “as available” basis and we make no representations, guarantees or warranties of any kind or in any way or in any shape or in any form, either express or implied, including without limitation, warranties as to quality, suitability for any purpose, compatibility, reliability, accuracy, completeness, timeliness, access or use.

It is your responsibility to evaluate the quality, suitability, accuracy, completeness and reliability of our websites and any information or content contained therein.

We accept no responsibility and make no representations, guarantees, or warranties that the websites will operate continuously, without interruptions or that they will be fault-free.

We may need to make the websites unavailable with or without notice to carry out maintenance or upgrade work.

We accept no liability for any interruption or loss of service.

Any value estimates provided on our websites are intended for general interest and information purposes only and should not be relied upon for any commercial transaction or similar use.

These estimates are based on publically available information which may be inaccurate or incomplete, and typical factors in certain locations and will not take account of any factors which are unknown to us and should only be used as a general estimate.

None of the information available on our websites is intended to be a substitute for independent professional advice and users are recommended to seek advice from suitably qualified professionals such as surveyors and solicitors if relevant to their particular circumstances.

We shall not be liable for any losses suffered as a result of relying on our value estimates.

Property descriptions and other information provided on our website are intended for information and marketing purposes only and, whilst displayed in good faith, we will not in any circumstances in any way shape or form accept responsibility for their accuracy.

The property advert pages on our website do not constitute property particulars and these should be available directly from the estate- or letting- agent or landlord marketing the property.

It is the responsibility of prospective tenants to satisfy themselves as to the accuracy of any property descriptions displayed and the responsibility of estate- or letting- agents or landlords submitting the content to our websites to ensure the accuracy and integrity of property descriptions provided on our website and in any property particulars.

We only establish contact between potential tenants and potential landlords and are not a part of any rental agreement.

We offer no guarantees of any kind or offer any assurance or insurance of any rental agreement being established.

We offer no guarantees of any kind or offer any assurances or insurance of any property or any content or movables which is a part of any rental agreement.

It is the tenants and landlords obligation that the product and/or service and/or property and/or content and/or movables of any agreement lives up to the agreement entered in to between the tenant(s) and the landlord(s).

Nothing in these terms and conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our websites or any content on them, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our websites; or
  • use of or reliance on any content displayed on our websites.

If you are a business user, please note that in particular, we will not be liable for:

  • loss of profits, sales, rent, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use.

You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We assume no responsibility for the content of websites linked to on our site. Such links should not be interpreted as endorsement by us of those linked websites.

We will not be liable for any loss or damage that may arise from your use of them.

Viruses

We do not guarantee that the websites will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programme and platform in order to access the websites, and must use your own virus protection software.

You must not misuse the websites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.

You must not attempt to gain unauthorised access to the websites, the server on which the websites are stored or any server, computer or database connected to the websites.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material or actions or events that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our sites or to your downloading of any content here from, or on any website linked to it.

Intellectual Property

We are the owner or licensee of intellectual property rights in the websites, information and content available on the websites, any database operated by us, any proprietary software utilised by us to enable you to use our websites and the underlying source code.

Much of this information and content is protected by copyright, trade mark, database rights, design rights (including in the “look and feel” and other visual or non-literal elements), and/or other intellectual property rights whether registered or unregistered.

Our logos, together with our trademarks and/or service marks, may not be copied or reproduced without our prior written consent. All rights are reserved.

We grant you a non-exclusive, non-transferable licence to use the software solely in executable form and only to the extent necessary for use of the websites, and for no other purpose.

You must not use an automated program (including, without limitation, any web-crawling or screen-scraping software or any equivalent technology or techniques), to access the websites for the purpose of collecting, obtaining and/or accumulating (or other similar activity) data or content in our websites.

Any such use of an automated program is prohibited and shall be a breach of these terms and conditions.

You may not reproduce, republish, transmit or distribute any material, information or content on our websites, or that form part of our services, without our prior written consent.

However, you are granted a limited right to access and use our websites and our services, and retrieve, display and print content pages, for your own personal, non-commercial use and to the extent necessary for use of our websites and our services only.

We reserve the right, in our sole discretion and without notice to you, to terminate your licence and to prevent future access by you to our websites.

Third Parties

Our websites may contain links to third party products, services, content and/or websites that are not affiliated with us.

We have no control over the products, services, content, subscriptions or websites of these third parties and we do not guarantee or take responsibility for them.

Our websites may also contain advertising from third parties and we are not responsible for any misleading or inaccurate advertisements which are the sole responsibility of the advertiser. Any links or advertisements on our websites should not be taken as an endorsement by us of any kind.

Furthermore, our websites contains data provided by third parties and we accept no responsibility for any inaccuracies in this material.

You agree to release us from claims or disputes of any kind arising from or in any way connected to such disputes with third parties.

Governing Law

These terms and conditions are governed by English law and the contract between you and us is made in England.

Any disputes will be settled in English courts, although we may take action to enforce our intellectual property rights in any relevant jurisdiction.

If any provision of these terms and conditions is found to be unenforceable, it will be replaced with a provision reflecting the intent of the original provision.

General

The headings in these terms and conditions are solely used for convenience only.

You may not assign or delegate any or all of your rights or obligations in this agreement.

We may with two weeks (14 days) notice change these terms and conditions.

Any such changes of terms and conditions will be send to the email address with which you are registered and you will be deemed notified about any such changes at the time of us sending the email to this email address.

Changes to these terms and conditions will also be published on our websites.

Our delay or failure to exercise or enforce any right or provision of these terms and conditions shall not constitute or be construed as a waiver of such right to act.

We shall not be responsible for any breach of these terms and conditions caused by circumstances beyond our control.

Nothing in these terms and conditions shall be construed to create a joint venture, partnership, or agency relationship between you and us, and neither you nor we shall have the right or authority to incur any liability, debt, or cost, or enter into any contracts or other arrangements, in the name of or on behalf of the other.

If you have any questions or comments about our Terms and Conditions, please contact us.

FlatDirectory Ltd.,
29 Gildredge Road,
Eastbourne, BN21 4RU5
England

Registered in England and Wales with Company No. 11500021
VAT Registration number: Coming soon
Data Protection Number: ZA462000