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Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS WHEN USING PROPERTYPORTALFEEDER.COM ("this Site").

1
Introduction
1.1
"We" are Property Portal Feeder Ltd. (PPF) (company number 06512171) and our registered address is Southernhay House, Bristol, BS8 4TL, UK. VAT No. 929 2063 20.
1.2
These terms and conditions are deemed to include our privacy policy and are collectively known as "these Terms".
1.3
When you use this Site, you agree to be bound by these terms and conditions. If you do not agree to be bound by these Terms, you may not use this Site.
1.4
Certain uses of this Site are prohibited and amount to a misuse of our systems and the Site. Please refer to clause 3.
1.5
You may print and keep a copy of these Terms. They are a legal agreement between us and can only be modified with our consent. We may change these Terms at our discretion by changing them on the Site. The then current version of these Terms will apply whenever you use this Site.
2
Intellectual Property
2.1
The copyright and all other intellectual property rights in this Site (including all database rights, trade marks, service marks, trading names, text, graphics, code, files and links) belong to us or our licensor(s). You must not copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information on or downloaded from this Site without our prior written consent.
2.2
Without limitation to clause 2.1, "Property Portal Feeder" and its logos are proprietary to PPF. You do not have the right to use or reproduce these without our prior written consent.
2.3
This Site contains links to websites operated by third parties. We have no control over their individual content. We therefore make no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites. The links are for your convenience only. We do not recommend any products or services advertised on those websites. If you decide to access any third party website linked from this Site, you do so at your own risk.
3
Your Obligations
3.1
You accept that you are solely responsible for ensuring that your computer system meets all relevant technical specifications necessary to use this Site and that your computer system is compatible with this Site.
3.2
You must not misuse our systems or this Site. In particular, you must not hack into, circumvent security or otherwise disrupt the operation of our system and this Site, or attempt to carry out any of the foregoing.
4
The Service
4.1
The service that we provide allows you to:
4.1.1 Enter, amend and delete your property details, including the uploading of images. As standard your can enter up to 50 properties. This can be increased at an additional cost.
4.1.2 Send the indicated property information to each of the selected property portals and/or you website. Please note that you will need to be registered with the relevant portals and enter your relevant account details for each portal that you want your properties to appear on.
4.1.3 If you are using the Property Website Designers system, please view their terms and conditions
5
Registration
5.1
By registering you agree to pay the indicated monthly fee. The service will continue on a 1 month rolling contract. The Service shall be available to you from acceptance of your registration. If you are using the Property Website Designers system, please view their terms and conditions
5.2
You undertake that all information provided by you for the purposes of registering with us is accurate and complete.
5.3
If you provide credit, debit or charge card details, you must ensure that you:
5.3.1 Are fully entitled to use the card
5.3.2 Have available funds sufficient to cover the charges which will be deducted from it
5.4
You accept sole responsibility for all use of and for keeping secret any account information and password that may have been given to you or chosen by you for use on this Site. You will notify us immediately of any unauthorised use of them or any other breach of security of this Site of which you become aware.
5.5
You can update your details in the Update Profile section of this Site as and when they change.
6
Payment
6.1
All accounts are set up on a prepay basis. Although PPF reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Payment is due every month, from the date the account was established. You will automatically be charged again at the end of the prepay period unless confirmation that you wish to close your account has been received at least 30 days prior to your next payment.
6.2
In situations where the card number on file is declined PPF will immediately suspend your account until the outstanding charge is processed successfully. Any non-payment of a recurring invoice may be subject to a £20 administration charge. You are responsible for all money owed on the account from the time it was established to the time that you send a written cancellation request.
6.3
No bills or invoices will be sent by regular mail. All invoices will be sent directly to you via email shortly after the online purchase has been made. At this point your card will be charged automatically.
7
Money Back Guarantee
7.1
If you are not totally satisfied with our service you may cancel this agreement in the first month by informing us that you wish to cancel in writing or via the email from your account email address. Once your cancellation has been confirmed we will refund your payment card for your first months payment and close your account.
8
Cancellation and Refunds
8.1
We reserve the right to cancel the service at any time. In this event you will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes our terms of service a refund will not be issued in the event of a cancellation.
8.2
You may cancel your account at any time by giving us 30 days written notice. All payments payable to PPF under this agreement shall become due immediately upon termination.
8.3
Fees charged on a prepay basis are non-refundable.
9
Chargebacks
9.1
Any customer withdrawing payments via bank or credit card (a "chargeback") may be subject to a punitive fee of £50, should we deem this chargeback to be unfair. We also reserve the right to defend such chargebacks and recover the original monies from the card issuer.
10
Barring from the Site
10.1
We reserve the right to bar users from this Site, on a permanent or temporary basis at our sole discretion. Any such user shall be notified and must not then attempt to use this Site under any other name or through any other user.
11
Warranty
11.1
Whilst we endeavour to ensure that any material available for downloading from this Site is not contaminated in any way, we do not warrant that such material will be free from infection, viruses and/or similar code.
11.2
Due to the nature of software and the internet, we do not warrant that your access to, or the running of, this Site will be uninterrupted or error free. We shall not be liable if we cannot process your details due to circumstances beyond our reasonable control.
11.3
Due to the fact that property portals may change or withdraw their property feed systems, we make no warranty or guarantee that we will always be able to pass your property information to them.
11.4
Whilst we endeavour to ensure that our systems are functioning correctly we do not warranty or guarantee that the data that you have entered is backed up
11.5
We make no warranty or guarantee that the Site or information available over it complies with laws other than those of England.
12
Liability
12.1
Nothing in these Terms will be deemed to exclude our liability to you for death or personal injury arising from our negligence, or for fraudulent misrepresentation.
12.2
Subject to clause 12.1, we will not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control.
12.3
Subject to clause 12.1, we do not accept any liability for loss of your password or username caused by a breakdown, error, loss of power or otherwise caused by or to your computer system.
12.4
Subject to clause 12.1, we will not be liable for any failures to pass your property information to the selected property portal due to the portals unavailability, or any other circumstances beyond our reasonable control.
12.5
Subject to clause 12.1, our aggregate liability to you in relation to all claims will be limited to the amount paid from when the issue is raised in writing to us until the issue is resolved or the service has been stopped.
12.6
Subject to clauses 12.1 to 12.4 inclusive, we shall not be liable to you for any indirect, consequential, special or punitive loss, damage, costs and expenses, loss of profit, loss of business, loss of reputation, depletion of goodwill or loss of, damage to or corruption of data.
12.7
Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these Terms.
13
Indemnity
13.1
You agree to indemnify PPF against any losses, claims costs and expenses PPF may suffer in consequence of any claim by a third party arising from your use of the Service, whether in breach of these Terms or not, including without limitation claims in respect of defamation or breach of any Intellectual Property Rights.
14
Force Majeure
14.1
PPF shall not be liable for any delay in performing, or non-performance of any of our obligations under the Agreement if such a delay or non-performance is caused by circumstances beyond our reasonable control.
15
Severability
15.1
If any provision of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
16
Legal Jurisdiction
16.1
English law shall apply to these Terms. You irrevocably agree that the courts of England will have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and for those purposes irrevocably submit all disputes to the exclusive jurisdiction of the English courts.
17
Personal information collected
17.1
When you visit, register or use this Site, you may be asked to provide certain information about yourself, including your name and your contact details. We may also collect information from any correspondence that you have with us.

We NEVER store credit card information on any Property Portal Feeder controlled server. All credit card information is securely processed by our payment partners - eKashu, part of CreditCall.
18
Information collection and use
18.1
Your information will enable us to provide you with access to all parts of this Site and to supply the services you have requested. We may aggregate the information to identify patterns which we can use in our marketing and to help us develop, administer, support and improve our services and features.
18.2
In particular, we may use your information to contact you for your views on our services and to notify you occasionally about important changes or developments to this Site or our services. Further, we might also use your information to email you with details about any other products or services which we offer which may be of interest to you. If you change your mind about being contacted in the future, please email us at support@propertyportalfeeder.com and tell us.
19
Who has access to the information you provide or we collect
19.1
We retain access to all personal information that we have collected from you.
19.2
We may provide any of the information we collect to carefully screened third parties to contact you regarding products or services that we think may be of interest to you. If you change your mind about being contacted by these third parties in the future, please email us at support@propertyportalfeeder.com and tell us.
19.3
If our business enters into a joint venture with or is sold to or merged with another business entity, your information may be disclosed to our new business partners or owners.
19.4
We will not otherwise disclose, sell or distribute your information to any third party without your permission unless we are required to do so by law
20
Access to, changing or removing the information we hold
20.1
Registered users of this Site can update their information on their 'Update Profile' page once signed in.
20.2
Non-registered and registered users of this Site can request we provide them with a copy of the personally identifiable information we hold via support@propertyportalfeeder.com. You may ask us to make any necessary changes to ensure that such information is accurate and kept up-to-date. We may charge a small administration fee to cover the data search, preparation and delivery.
21
Tracking
21.1
Like all websites, our servers automatically record 'log files' containing information about the volume and characteristics of our website traffic e.g. IP address, numbers of pages viewed, length of time spent on site. We use log files to build pictures of how our site is used that help us to monitor and improve the service. We cannot identify you from your log files.
22
Security, storage and transfer of information
22.1
We follow strict security procedures to ensure that your personal information is not damaged, destroyed and to prevent unauthorised access to it. The computers that store the information are kept in a secure facility with restricted physical access and we use secure firewalls and other measures to restrict electronic access.
22.2
All of the information we collect or record is restricted to our offices. Only employees who need the information to perform a specific job are granted access to personally identifiable information. We will explicitly ask you when we need information to identify you. We may require you to co-operate with our security checks before we disclose information to you. You can update the personal information that you give us at any time by viewing 'Update Profile' page.
22.3
We will retain your information for a reasonable period or for as long as is required by law.
23
Notices
23.1
All notices shall be given:
23.1.1 to us, by email to support@propertyportalfeeder.com or by post to Property Portal Feeder, Southernhay House, Bristol, BS8 4TL, UK;
23.1.2 to you, by email to the email address that you provide to us at the point of your registration, as may be amended by you in the Update Profile section of this Site from time to time.
23.2
All notices sent by email will be deemed to have been received on receipt (or, when received on a UK national holiday or on a Saturday or a Sunday, the next working day following the day of receipt). All notices sent by post will be deemed to have been received 3 working days after the date of posting.
24
Feedback
24.1
We operate a system to ensure that all customer feedback is dealt with fairly and consistently, and is properly recorded. We welcome any suggestions that you make about how we may improve our service. Please write to us at Customer Services, Property Portal Feeder, Southernhay House, Bristol, BS8 4TL, UK, or e-mail us at support@propertyportalfeeder.com. We aim to acknowledge all customer feedback.
25
General
25.1
We may from to time to time change the content of this Site or suspend or discontinue any aspect of this Site, which may include your access to it. Subject to our notifying you to the contrary, any amendments or new content to this Site will be subject to these Terms.
25.2
These Terms are the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance on any warranty or representation made by us (unless made fraudulently). If a court decides that any part of these Terms cannot be enforced, that particular part of these Terms will not apply, but the rest of these Terms will. A waiver by a party of a breach of any provision shall not be deemed a continuing waiver or a waiver of any subsequent breach of the same or any other provisions. Failure or delay in exercising any right under these Terms shall not prevent the exercise of that or any other right. You may not assign or transfer any benefit, interest or obligation under these Terms. The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.