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Terms of Use 

The hometrack.com/uk website (the "Hometrack Site") is provided to you for your personal use subject to these Terms of Use.

Please contact enquiries@hometrack.com if you would like to use the information on the Hometrack Site for commercial purposes.

Acceptance

The Hometrack Site is owned and provided to you by Hometrack Data Systems Limited ("us" / "we"). By using the Hometrack Site you agree to be bound by these Terms of Use. THESE TERMS OF USE DO NOT AFFECT YOUR STATUTORY RIGHTS. Nothing in these Terms of Use will be construed to affect your statutory rights.

Amendments

We reserve the right to amend these Terms of Use from time to time without notice to you and you agree to be bound by any such changes in your subsequent use of the Hometrack Site. We therefore recommend that you review these Terms of Use editions from time to time.

Contents and use of website

The Hometrack Site is a place for you to access information and other services relating to properties in the United Kingdom. All information or services on the Hometrack Site are respectively provided or offered by third parties that are not affiliated with or otherwise connected with Hometrack. Hometrack collates and publishes such information in good faith but does not in any circumstances accept responsibility for the accuracy, completeness, suitability, currency or otherwise of such information. You assume total responsibility and risk for your use of the Hometrack Site and/or any information contained within it. It is your sole responsibility to evaluate the accuracy, completeness, usefulness and suitability of all services and information provided on or through the Hometrack Site. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION OR FOR ANY TECHNICAL PROBLEMS YOU MAY EXPERIENCE WITH THE HOMETRACK SITE. All users of the Hometrack Site seeking a property to rent, buy or sell are advised to make their own independent enquiries before entering into any agreements with third parties in connection therewith. We recommend all users of the Hometrack Site obtain professional advice before entering into any such agreement.

Non-reliance on information

The information contained within the Hometrack Site may contain inaccuracies and typographical and other errors. The information on these pages may be updated from time to time and may at times be out of date. Neither we nor any of our licensors guarantee the accuracy, completeness, or usefulness of any such information, nor its merchantability or fitness for any particular purpose.

Commentary and other materials appearing within the Hometrack Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

If you feel that any information appearing or posted on the Hometrack Site is inaccurate, untrue or inappropriate or breaks any of the rules set out in these Terms of Use, please let us know by contacting us.

Liability

The Hometrack Site and all materials and information thereon are provided on an "as is" basis. These Terms of Use set out the full extent of our obligations and liabilities in respect of goods, services and information supplied on and via the Hometrack Site. Any condition, warranty or other term concerning the supply or failure to supply any goods or services via or on the Hometrack Site which might, but for this clause, have effect between us or would otherwise be implied or incorporated into these Terms of Use (including, without limitation, the implied terms of satisfactory quality and fitness for purpose), whether by statute, common law or otherwise, is hereby excluded. We will not be liable to you other than pursuant to the express terms of these Terms of Use. In no event will we be liable to you or any other user of the Hometrack Site for any loss or damage of any nature whatsoever and howsoever arising (including due to our negligence and whether directly or indirectly) out of or in connection with the viewing, use or performance of the Hometrack Site or its contents, whether due to inaccuracy, error, omission or any other cause and whether on the part of Hometrack or our servants or agents, or any other person TO THE FULLEST EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR DATA: (a) RESULTING FROM THE USE OR THE INABILITY TO USE THE HOMETRACK SITE; (b) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES IF GOODS OR SERVICES ARE NOT AVAILABLE ON OR FROM THE HOMETRACK SITE; (c) RESULTING FROM UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) CAUSED BY A DELAY IN DELIVERY OF ORDERED GOODS OR SERVICES. NOTHING IN THESE TERMS OF USE SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENCE, OUR FRAUDULENT MISREPRESENTATION OR ANY OTHER LIABILITY THAT MAY NOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

Indemnification

You agree to indemnity and hold us and each of our affiliate companies and their offices and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Hometrack Site, the violation of these Terms of Use by you, or the infringement by you, or any other subscriber of your account, or of any intellectual property or other right of any other person or entity.

Warranties

As a condition of your use of the Hometrack Site, you warrant to us that you will not use it or any material or information on it for any purpose that is unlawful or prohibited by these Terms of Use.
You may not use the Hometrack Site:

  • in any way that breaches any applicable local, national or international law or regulation;
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • for the purpose of harming or attempting to harm any third party in any way (in particular minors);
  • to send, knowingly receive, upload, download, use or re-use any material which (i) is inaccurate, discriminative, defamatory, obscene, threatening, deceptive abusive, profane or offensive (or is likely to be perceived as such) (ii) promotes violence or any other illegal or immoral activity (iii) is in breach of anyone else’s intellectual property (iv) adversely affects the performance or availability of the Hometrack Site; or (v) which is otherwise in breach of any of our Terms of Use;
    to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of solicitation; or
  • to knowingly transmit any viruses, worms, trojans, or any other contaminants that may be used to access and/or modify, delete or damage any data files or other computer programs.

You warrant that you are using the Hometrack Site for yourself and not for any commercial purposes and that you have the legal authority to use the Hometrack Site in accordance with these Terms of Use. You agree to be financially responsible for all charges, fees and other sums of whatever nature which arise out of your use of the Hometrack Site.

We make no warranty that the Hometrack Site (or any sites that are linked to the Hometrack Site) is free from technical errors, computer viruses or any other malicious or impairing computer programs.

Intellectual property rights

All concepts, information and materials contained in or displayed on the Hometrack Site are the proprietary property of Hometrack or our licensors, and are protected by copyright, trade secret, and other applicable laws.You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from the Hometrack Site including but not limited to text, graphics, code and/or software unless you have our express written permission to do so. However, you may print or download to a local hard disk portions of material or information from the Hometrack Site solely for your own personal use provided that you do not change or delete any copyright, trade mark or other proprietary notices from the materials. All other rights are reserved. All product and company names mentioned in the Hometrack Site may be the trade marks, service marks or trading names of their respective owners, including HOMETRACK and HOMETRACK INDEX which are the trade marks of Hometrack.

Registration

When you register with the Hometrack Site you warrant that you are over eighteen years of age. You warrant that any information you provide to us about yourself upon registration or at any time will be true, accurate, current and complete and that you will ensure that this information is kept accurate and up to date at all times when you use the Hometrack Site.

Password and security

If you register to use the Hometrack Site you will be provided with a password. You must keep this password confidential and must not disclose it to or share it with anyone. PLEASE NOTE that you will be responsible for all activities and orders that occur or are submitted under your password. We have the right to disable any user identification code or password at any time if in our opinion you have failed to comply with the provisions of these Terms of Use.

Linked sites

Hometrack makes no representations whatsoever about any other website which you may access through this website or which may link to this website. When you access any other website you understand that it is independent from Hometrack, and that we have no control over the content of or services on that website. In addition, a link to any other website does not mean that Hometrack endorses or accepts any responsibility for the content of or services provided on such a website.

Availability of website

We will endeavour to make the Hometrack Site available to you when you want to use it but cannot guarantee that the Hometrack Site will operate continuously or without interruptions or be error free. You must not attempt to interfere with the proper working of the Hometrack Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other internet connected device related to the Hometrack Site.

It is your responsibility to ensure your computer or mobile device meets all the necessary technical specifications to enable you to access and use the hometrack Site. The Hometrack Site is only licensed for use on a device owned or controlled by you.

Modifications to website

We reserve the absolute right to alter, suspend or discontinue any aspect of the Hometrack Site or the services provided through it, including your access to it.

International use

We make no representation that materials on the Hometrack Site are appropriate or available for use in locations outside the United Kingdom and accessing the Hometrack Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.

Children

Hometrack does not sell products or services for purchase by children nor is the Hometrack Site intended for use by children.

Payments

We use Stripe (www.stripe.com) to process any purchase that you make on the Hometrack Site. The padlock symbol on your browser shows which pages are covered by this security system. We do not store credit card details nor do we share customer details with any 3rd parties. For further information about ordering process and the terms under which we sell goods or services on the Hometrack Site, please see our Terms and Conditions of Sale.

Termination

The agreement between you and us formed on the basis of these Terms of Use ("this Agreement") shall terminate immediately if you breach these Terms of Use. We reserve the right to terminate this Agreement at any time. The termination of this Agreement or your right to use the Hometrack Site is without prejudice to any rights which we may have against you in respect of such breach.

General

These Terms of Use and your use of the Hometrack Site are governed by English law and you submit to the exclusive jurisdiction of the English courts.

In the event that any provision of the Terms of Use conflicts with the law under which the Terms of Use are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Use , such provision will at our election, be deleted and the remainder of the terms of these Terms of Use will remain in full force and effect.

Any failure by us to insist upon or enforce strict performance by you of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent our right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

We may assign and novate our rights and obligations under these Terms of Use and upon such assignment we will be relieved of any further obligation under these Terms of Use .

A person who is not a party to this licence shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of this licence but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.

These Terms of Use, constitute the entire understanding between us as to the subject matter hereof, and supersede any and all prior agreements and understandings.