Terms and Conditions
This policy was last updated on 15-1-2018
This website www.clicktopurchase.com is operated by clicktopurchase® No 2 Limited of 2nd Floor, Titchfield House, 69-85 Tabernacle Street, London, EC2A 4RR ("us", "our" or "we").
This document is only available in English.
The following constitutes a legal agreement between a visitor to our site and, a party registering and/or a potential bidder for a Property being offered by clicktopurchase® Private Treaty, "best offers" or auction on this site ("you") and us with respect to our website service, the terms of which are set out below.
The following constitutes a legal agreement between a visitor to this site ("you") and us with respect to our website service, the terms of which are set out below. By continuing to use this site, you represent that you have read, understood and agree to be bound by this Agreement. If you do not agree to (or cannot comply with) any of these terms and conditions, do not continue to access the site.
Our site is established to enable real estate agents ("Agents") to have the ability to sell their clients' properties ("Properties") utilising our clicktopurchase® Property platform and to enable prospective purchasers to bid for and to purchase by private treaty or online auction such Properties as are being listed by those Agents on this site.
The terms “Bid”, “Bidder”, “Sale Memorandum” and “Property” have the meanings given to them in the clicktopurchase® Property Rules
Accessing our site
Access to our site is permitted on a temporary basis only, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site or to our entire site.
Properties and bidding for them
Our website service permits you to purchase Properties appearing on or listed on this site. Such bidding and purchase can only be made and is permitted strictly subject to the clicktopurchase® Property Rules which you will be prompted to and must formally accept.
Our right to vary these website Terms and Conditions
2.1 We have the right to revise and amend these Website Terms and Conditions from time to time, for example, to reflect changes in market conditions affecting our business, changes in technology, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
YOU AGREE that if you register as a Bidder for a Property:
3.1 It is your responsibility to provide accurate personal information ("Personal Data") and to update your Personal Data as necessary to keep it accurate. You undertake that all the details you provide to us are correct;
3.3 It is your responsibility to maintain the confidentiality and security of your Personal Data. You must not allow others to use your name and/or password and you will notify us immediately of any unauthorised use of your name and/or password. We shall not be responsible for any losses arising out of the unauthorised use of your name and/or Password or Personal Data and you agree to indemnify and hold us harmless, for any improper, unauthorised or illegal uses of the same.
3.4 Whilst we will utilise anti-virus protections, it is your obligation to ensure that any use you make of our site is free of any virus, Trojan horse, worm or any other items of a destructive nature. You will not hold us responsible for any damages that result from you accessing the site (including any software or systems you use to access the site).
3.5 You will not attempt or permit or encourage others to attempt to copy or make use of any intellectual property appearing on our site for any commercial use or in any manner which would constitute an infringement of our copyright.
3.6 Variation in computer, browser and operation will create differences in visual layout and usability of the site. We have given due care and attention to minimising these differences, but cannot be held responsible for specific operational differences.
3.7 You consent to an electronic signature unique to your successful Bid being added to the Sale Memorandum in the event that your Bid is successful.
The computer, internet access and system operated by you and your ability to use the same may affect your ability to access or use our site and/or the clicktopurchase® platform for private treaty and online auction sales provided by us. You acknowledge and agree that any system requirements necessary to preview, and/or view and/or make enquiries concerning and/or bid for any Properties on our site are your responsibility.
Misuse of the site
5.1 We reserve the right to suspend or terminate your access to the site or parts of it at our sole discretion if we believe you are in breach of any provision of this Agreement. If your access has been suspended or terminated you will not be permitted to re-access the site without our prior consent.
5.2 You will only use the site for the purposes referred to in this Agreement and not access the site or use information gathered from it to send unsolicited e-mails.
You agree to indemnify and hold harmless us and our employees and consultants from and against any and all claims, losses, demands, causes of action and judgments (including solicitors' or attorneys' fees and court costs) arising from or concerning any breach by you of this Agreement and/or these Terms and Conditions for your use of the site and you agree to reimburse us on demand for any losses, costs or expenses we incur as a result thereof.
7.1 You may not transfer or otherwise deal with your rights and/or obligations under these Terms and Conditions.
7.2 We may sub-contract, transfer or otherwise deal with our rights and/or obligations under these Terms and Conditions in whole or in part.
8.1 Agents advertising Properties for sale on this site have the right to withdraw details of any Property from the site for any reason without notice to you and you agree that we will not be responsible for any loss, damage or cost as a result of such unavailability.
8.2 We will not be liable for errors or omissions on the site nor for loss or damage suffered by you as a result of any unavailability of the site or by any use by you or reliance placed on the site or its contents including any damage caused to your computer or otherwise howsoever, or any direct, indirect or consequential loss or loss of data.
8.3 We shall not be liable to you for the failure of any equipment, data processing system or transmission link and will not be liable to you as a result of any down-time which may occur upon the site.
8.4 The site is provided "as is" and you acknowledge that despite our reasonable endeavours the site may contain bugs, errors and other problems (including, but not by way of limitation) infection by viruses (despite anti-virus protections which may be incorporated) or anything else which may cause contamination or destruction of any sort that may cause system failures. Notwithstanding, we will use all reasonable endeavours to correct any errors and omissions as quickly as practicable after being notified by e-mail to firstname.lastname@example.org
8.5 We shall not be responsible to you for damages or otherwise in respect of any error made by any Agent in the listing of or reference to Properties on this site.
8.6 We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently the site (or any part thereof) without notice to you and without any liability to you or to any third party.
8.7 Links to third party websites on the site are provided solely for your convenience. If you use these links, you leave this site. We have not reviewed all of these third party websites and have no control over and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the site, you do so entirely at your own risk.
8.8 Properties listed on this site are provided solely by the Agents for the sellers of the Properties concerned and not by us. We are not responsible for any information regarding Properties so listed as to accuracy, availability or any other matter. We do not control and are not responsible for such third party content or availability.
8.9 We welcome 'hot links' to the site, but not 'deep linking' by which we mean that you may not include a link to our site, or display the contents of our site, surrounded or framed or otherwise surrounded by content not originating from us without our consent. Any unauthorized framing of or linking to the site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress and may result in the termination of this Agreement or other remedies as set out in this Agreement.
8.10 It is the responsibility of advertisers and sponsors on this site to ensure that any content submitted by them for inclusion on the site complies with applicable laws and regulations and we shall not be responsible for or liable to any extent for any error or inaccuracy which may appear in such content.
Intellectual property rights
9.1 All intellectual property content on the site including, without limitation trademarks, button icons, logos, graphics, maps, images and video clips is either owned by us or licensed to us and is protected by International Copyright laws. Your use of them is governed by this Agreement, certain end-user licence agreements, certain permissions we have been given by the Agents of Properties and by applicable law.
9.2 You will infringe our rights if you copy or reproduce any part of the site save for:
9.2.1 a temporary copy of any part of the site which is automatically made or retained by your browser as you browse the site;
9.2.2 you printing out any pages from the site as a record of any Properties or information you have viewed on it;
9.2.3 you printing out a copy of the Terms and Conditions which we would request you to do;
9.2.4 your own personal use provided that:
18.104.22.168 no documents or related graphics, photographs, drawings or illustrations on the site are modified in any way;
22.214.171.124 no graphics, photographs, drawings or illustrations on the site are used separately from the corresponding text; and
126.96.36.199 our copyright and trade mark notices and this permission notice appear in all copies.
Other than for the above four exceptions you must not copy the intellectual property in question for any purpose.
9.3 For the purposes of this Clause 9 "copy" and "copying" shall include non-literal copying as well as the copying of the structure and form of the site and any elements within it.
10.1 To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set out in this Agreement is prohibited by any law which is applicable, then, instead of the provisions hereof in such particular circumstance, we shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law and in no event shall such damages or liability exceed ten pounds (£10).
Concerning the site:
10.2 You understand and agree that your use of the site is at your own sole risk. The site is provided "as is" and without warranty by us, and, to the maximum extent allowed by applicable law, we expressly disclaim all warranties, express or implied including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and any warranty of non-infringement. We do not warrant, guarantee, or make any representations regarding the use or the results of the use of the site with respect to performance, accuracy, reliability, security capability or otherwise. You will not hold us responsible for any damages that result from you accessing (including any software or systems you use to access) the website service or using the site including, but not limited to, infection by virus, damage to any computer, software or systems or portable devices you use to access the same. No oral or written information or advice given by any person shall create a warranty or a representation from us.
10.3 We make no warranty that any particular device or software you use will be compatible with this site. It is your sole responsibility to ensure that your system(s) will function correctly with this site.
10.4 Under no circumstances shall we be liable for any unauthorised use of the site.
10.5 Under no circumstances shall we be liable to you for any direct, indirect, consequential, incidental or special damages arising out of your use of or inability to use the site, even if we have been advised of the possibility of such damages.
Concerning the Properties listed and/or appearing on the site:
10.6 Our business on this site is not that of a Property agent. We merely facilitate the use of and permit third parties on behalf of the sellers of Properties to use our clicktopurchase® Property platform. Accordingly under no circumstances shall we be liable to you for any direct, indirect, consequential, incidental or special damages arising out of your bidding for or purchase, or attempted purchase of, any Properties offered on this site.
10.7 Under no circumstances shall we be liable for any errors or incompleteness of the information relating to any Property listed on this site or if any Property has been withdrawn from sale nor shall we be responsible for any inaccurate dimensions of any Properties or price listed.
10.8 We do not accept responsibility or liability for the completeness or accuracy of information appearing on this site which is provided by the vendors of the Property concerned and/or their Agents who are solely responsible for such information and/or their solicitors.
10.9 Whilst we have no reason not to believe that the Properties listed are available for purchase we make no guarantee that this is the case or that they have not been withdrawn by the vendor of the same. All Properties appearing or listed on the site are subject to changes, errors or omissions. We have not looked into nor verified the accuracy of the information relating to the Properties or any dimensions which have been given by the vendors of the Properties listed and/or their Agents.
10.10 All Properties are listed subject to contract and the prices shown are exclusive of VAT if applicable.
10.11 Misrepresentation Act 1967
For ourselves and for the vendors or Lessors of every Property on this site, and on whose behalf we are listing them, we give notice that:-
10.11.1 All Property particulars are set out as a general outline only for the guidance of intending purchasers or lessees and do not constitute part of an offer or contract and all statements made are without responsibility on our part.
10.11.2 All descriptions, dimensions, references to condition and necessary permissions for use and occupation and other details are not provided by us and we can give no representation as to accuracy. Any intending purchasers or tenants should not rely on them as statements or representations of fact but must satisfy themselves by inspection or otherwise as to the correctness of each of them.
10.11.3 No person in our employment has any authority to make or give any representation or warranty whatsoever in relation to any Property appearing or listed on the site.
10.11.4 All maps are for identification purposes only and should not be relied upon for accuracy.
10.11.5 Unless otherwise stated, all prices and rentals stated are exclusive of Value Added Tax to which they may be subject.
10.12 Finance Act 1989
Unless otherwise stated, all prices and rentals are quoted exclusive of VAT (if applicable).
10.13 Property Misdescriptions act 1991
The details of all Properties listed by the Real Estate Agents for the sellers or appearing on this site are believed by them to be correct at the time of compilation, but these may be subject to subsequent amendment and we cannot accept any responsibility for the same.
Third party rights
This Agreement is only for the benefit of you and us and no other person can claim a benefit from this Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999 which Act shall not apply to this Agreement
Law and legal notices
This Agreement and any other terms or documents referred to herein represent your entire agreement with us with respect to your use of this site. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. English Law governs this Agreement and your use of the site, and you expressly agree that the English courts shall have exclusive jurisdiction over any claim or dispute between us or relating in any way to your account or your use of this site.
You acknowledge that we may change the terms of this Agreement by posting a new Agreement on the site. You acknowledge that it is your responsibility to check the site regularly to ascertain if changes have been made and your continued use of the site after such a change will constitute your acceptance of the changes
Where we store your personal data
14.1 Like many companies, we store data on Amazon Web Services servers using their European Union cloud. For additional information, please visit Amazon Web Services EU Data Protection FAQ
14.3 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your personal data, we will use strict procedures and security features to try to prevent unauthorised access.
clicktopurchase® No 2 Limited is a limited liability company registered in England and Wales with Registered Number 7133312 and whose Registered Office is at 2nd Floor, Titchfield House, 69-85 Tabernacle Street, London, EC2A 4RR.
Our VAT number is 993827755.