Membership Agreement

 

Using Our App.  If you download and install the PropertyHeads app, we give you a limited non-transferable license to use it only to access and use PropertyHeads on your own behalf through your iOS or Android product; additional terms may apply from the site you download it from (Apple App Store or Google Play store) or the manufacturers of your device or software.

Liability Limits.  WE AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH PROPERTYHEADS, INCLUDING THE PROPERTYHEADS SERVICES, OUR SOFTWARE, YOUR USE OF PROPERTYHEADS OR ANY PROPERTYHEADS SERVICE, OR THIS AGREEMENT.

Governing Law.  This agreement is governed by English law.

Venue and Jurisdiction.  You and PropertyHeads both agree that, except as described in the next two paragraphs, (i) any claim or dispute regarding PropertyHeads will be resolved exclusively by the Courts of England and Wales, and (ii) we each agree and submit to the exclusive personal jurisdiction of those courts for litigating such claims or disputes.

Dispute Resolution.  If you have a dispute with PropertyHeads, you agree to contact us and try to resolve the dispute informally before pursuing other avenues.

Integration.  This agreement includes our Privacy Policy, our Terms & Conditions (including Member Guidelines) and, if and to the extent applicable to you, our Business Addendum. It constitutes the entire agreement between you and us with respect to our Services, and supersedes any other agreements or understandings (oral or written). We can amend this agreement, any additional terms, or the privacy policy without notifying you of the changes. If you keep using PropertyHeads after the amendment is effective, you accept and are bound by the new terms; if you disagree with the new terms, you should stop using PropertyHeads and delete your account.

No Warranty.  PROPERTYHEADS AND THE ASSOCIATED SOFTWARE AND SERVICES ARE PROVIDED “AS IS.” We do not promise that any aspect of our software or service will work properly or continuously. We may add, change, or discontinue product features; if you are dissatisfied, your only remedy is to stop using PropertyHeads or the affected feature.

Indemnity.  If someone brings a claim against PropertyHeads (whether against the company or any of its employees, directors, or officers) based on a harm you caused, you agree to reimburse us for any costs we incur in defending against that claim, including reasonable legal fees as well as damages.

Disputes Between Members: Waiver of Claims Against PropertyHeads.  In the real world and online, parties sometimes disagree. If you have a dispute with another PropertyHeads member, we hope that you will be able to work it out amicably. However, if you cannot, please understand that PropertyHeads is not responsible for the actions of its members; each member is responsible for their own actions and behaviour, whether using PropertyHeads or chatting face to face. Accordingly, to the maximum extent permitted by applicable law, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

General.  This agreement does not create any agency, partnership, joint venture, employment or franchise relationship. To the extent allowed by applicable law, the English version of this Agreement is binding and other translations are for convenience only. Any unenforceable portion of this agreement shall be enforced to the maximum extent possible, and the remaining portions shall be given full effect. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a circumstance beyond our reasonable control. You represent and warrant that you are not (i) located in a country that is subject to a U.S., U.K., or EU, Government embargo or has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) listed on any U.S., U.K., or EU Government list of prohibited or restricted parties.

Agent and Business Addendum

Welcome to PropertyHeads! This addendum ("Addendum") describes your rights and responsibilities related to your use of a PropertyHeads Agent or Business Account (each an "Agent or Business Account"), along with the PropertyHeads Member Agreement, which includes our Privacy Policy and Cookie Policy (collectively, the "Terms"). If any part of this Addendum contradicts another part of the Terms, this Addendum governs. The Terms govern your management of your PropertyHeads Agent or Business Account. By creating or claiming an Agent or Business account on PropertyHeads, you are agreeing to these Terms (both on your own behalf and on behalf of the business you are acting for), so please take a moment to read this legally binding agreement. If you do not agree to the Terms, then you are not allowed to create or claim an Agent or Business Account.

1. Agent or Business Account Creation and Claiming. Our mission is help everyone make smarter property choices. We make business features, such as Agent or Business Accounts, available at our discretion for use in support of that mission. Agent or Business Accounts on PropertyHeads contain a basic set of details about the business, such as street address, business category, telephone number, and a location map. If individual users have recommended or commented about the business, the Agent or Business Account may also show those recommendations or comments. Some Agent or Business Accounts on PropertyHeads are created based on third-party sources, such as business listing services. PropertyHeads individual members may also be able to create a listing for a business if one does not already exist.

You should only share Agent or Business account credentials with other authorized users. You and your business are responsible for maintaining the security of your account, including protecting your password, and you are responsible for any use of your account by others.

You are responsible for your business and you must comply with our Community Guidelines and all applicable laws and industry standards, including by maintaining any necessary licenses and approvals and providing any required disclaimers, warnings, or notices. By claiming an Agent or Business Account or creating an account for your business, you represent and warrant that the information you provided to PropertyHeads is accurate and truthful, that you and the business meet the eligibility requirements, and that your business complies with all applicable laws or other requirements. You promise to uphold that accuracy, eligibility, and legal compliance throughout your time on PropertyHeads, and to deactivate your page or account promptly if you cannot.


2. Eligibility.

Agent or Business Accounts and accounts are available only to lawful businesses. Business accounts are different from personal accounts, but the same membership eligibility requirements apply to both. PropertyHeads reserves the right to suspend or deactivate Agent or Business Accounts or business accounts that we think do not meet the eligibility criteria or do not benefit the community.

3. Accurate Registration.

We reserve the right to verify or confirm the information that you submit to us when claiming an Agent or Business Account or creating a business account. If we are unable to confirm information or learn that it is inaccurate, we may suspend or deactivate the account. You understand that PropertyHeads presumes your actions and those of other members associated with your business are authorized and legitimate. PropertyHeads is not responsible for your Agent or Business Account, and has no obligation (but reserves the right) to verify the scope of authority of you or any other members associated with your business.
Your business account is tied to your role with that business. If your business position terminates (for example, you resign), then you must unclaim the Agent or Business Account and, if applicable, deactivate or transfer your business account. For example, your employer may want someone else to claim and manage the business's Agent or Business Account. If you need assistance with page transfer or account deactivation, please contact us.


4. Using Your Agent or Business Account.

a. Using Your Agent or Business Account. Once you claim your Agent or Business Account, you can edit it to correct errors or to add more Content, such as a logo and a welcome message to local users.

b. Public Visibility. Agent or Business Accounts claimed as a business are public, i.e., visible both inside and outside of PropertyHeads. This means that they are visible to external search engines, including for search engine optimization (SEO) purposes. The "Your Choices" paragraph of our Privacy Policy does not apply to your business profile. Messages that you post as your business (where that feature is available), such as replies to individual members who recommended your business, will be affiliated with and have the same visibility as your Agent or Business Account. However, replies to private messages are visible only to you and the member you replied to.

c. Interacting with Others On PropertyHeads. You and your business are responsible for your acts as a business on PropertyHeads. Your interactions with PropertyHeads members will affect the reputation of your business, so please choose your words and actions accordingly. For example, how gracefully your business responds to a negative comment may affect members' perception as much (or more) as the comment itself. Individual members have the ability to opt out of receiving messages from any member, including agent and business members, and some members communicating with or commenting about you or your business may choose to opt out of communications from you. We do not take responsibility for your interactions with other PropertyHeads members, and you agree agree to hold harmless and indemnify PropertyHeads, including its affiliates, officers, agents, and employees, from any claim, suit or action arising from or related to your use of PropertyHeads or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.

d. Asking For Recommendations or Reviews. As an agent or business member, you can ask your customers to review or recommend your business on PropertyHeads. You can ask for recommendations in person, via email, through social media, or by sharing a direct link to your Agent or Business Account. You and your business are responsible for complying with applicable laws and other requirements, such as anti-SPAM laws or the terms of use for social media that you choose to use. Our goal is for member recommendations to serve as a window into a business's standing in its community. Accordingly, you agree to be truthful, fair, and not to engage in conduct that could artificially inflate or harm a business's reputation, such as offering discounts or other incentives to manipulate recommendations or submitting fraudulent recommendations.

e. Member Privacy. As set forth in our Privacy Policy, we prize the privacy of our individual members. As part of allowing you and your business to use PropertyHeads, we require you to respect the privacy of our individual members. This means you cannot use PropertyHeads to collect personal or personally identifiable information about other PropertyHeads members without their permission. For example, if an individual member uses your services and sends you an email praising your services, you should obtain their consent before including the member's review on your Agent or Business Account. Our system is designed to prevent business members from viewing, searching, or otherwise accessing conversations or direct-messages between individual members. Business members do not have access to individual-to-individual Content. If you have a personal account as well as a business account, please respect the difference between the two account types, and use each account type for its intended purpose only.

f. Content. Your business Content includes your replies and other communications with individual members, any posts you make on PropertyHeads, and the information your business shares on its profile. For Agent accounts, Content also refers to your property listings. You and your business retain all ownership rights to the Content (as defined in the Member Agreement) that you share through PropertyHeads. You and your business allow us to make any Content on your business profile available for search engine optimization (SEO) purposes, and to use and publish your Content as otherwise described in the Member Agreement. You and the business, and not PropertyHeads, are responsible for the Content you submit. We reserve the right to suspend or deactivate business accounts if we think the business Content or other account activity does not benefit PropertyHeads individual users relevant to the business. As stated in the Member Agreement, you must not provide us with any Content that you don't have the right to publish, that violates any code of conduct or ethics applicable to you, or that is defamatory, infringing, illegal or otherwise tortious. Claims of copyright infringement should be addressed as directed in the Member Agreement. PropertyHeads reserves the right to forward any other requests or claims based on your Content to your business for resolution. You acknowledge that each PropertyHeads member (and not PropertyHeads) is responsible for the Content shared by that member. If you believe that a member's Content, such as an unfavourable review of your business, violates our Community Guidelines, please contact support. We are not a party to transactions or disputes between members, including disputes over unfavourable reviews or other member Content.

5. Confidential PropertyHeads Information You and your business acknowledge that PropertyHeads may provide you with certain information that is proprietary and confidential to PropertyHeads. You agree to keep this information confidential, not to disclose it to any third party, and to use it only as permitted by PropertyHeads for your internal business purposes. If you believe that you must disclose any such information for legal reasons, you will notify PropertyHeads in writing before doing so, and you agree to provide PropertyHeads with reasonable assistance if PropertyHeads seeks an order maintaining the confidentiality of the information.

6. PropertyHeads Fees There is no charge, either now or at any time in the future, for creating, claiming or maintaining either an Agent or Business Account on PropertyHeads. There is no charge, either now or in future, for posting Content (including property listings in the case of Agent Accounts), which includes responding to other users enquiries related to your Content. Furthermore we will give you 100% organic reach to your network (excluding those that have opted not to see your Content) when posting Content for free, forever. PropertyHeads commits to a friendly and collaborative approach to helping you grow your business with no compulsory fees ever. However PropertyHeads does reserve the right to charge for optional extra services in the future. These products do not currently exist but will largely seek to help you grow your business by harnessing the data we collect on our other users.

Last updated: 2 April 2020.
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