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PropertyHeads Membership Agreement

Welcome to PropertyHeads! This agreement (“Agreement”) describes your rights and responsibilities in your use of PropertyHeads’s website, mobile apps, and service, both as a visitor and as a registered PropertyHeads member, and what you can expect from us. By clicking “I accept” or by otherwise indicating that you agree, you are agreeing to these terms, so please take a moment to read this legally binding agreement. 

PropertyHeads is the property social network; we hope that people everywhere will use the PropertyHeads platform to enhance the property related aspects of their lives. We use “PropertyHeads” here to refer to the PropertyHeads.com website and our iOS and Android apps (also referred to as our “Services”) that provide you with access to that platform. We also use “PropertyHeads” to refer to the companies operating our Services.

The Services are operated and provided to you by PropertyHeads Group Ltd, a UK limited company, with registered office at 22-24 Elm Road, Leigh-on-Sea, Essex SS9 1SN, England.

Eligibility. Each person can only have one personal account, and you may not share your account password with anyone else (even a family member sharing your home) or allow someone else to use your personal account. You must use your real name, not a pseudonym. If you are under 13 years old (or any older age of consent required to use social media services where you live), do not use our services or provide any data to us. Convicted sex offenders, including registered sex offenders, and their households are not eligible for PropertyHeads accounts; and we may also deny other account registrations we think could harm other PropertyHeads members.

Address Verification. It is not OK to submit inaccurate registration information, or to register if you know you don’t meet our eligibility requirements. Providing false registration information violates our norms and could constitute a crime. We make efforts to enforce our eligibility requirements, but please do not assume these processes are perfect.

Account Types. PropertyHeads offers personal accounts to individual residential members, and to business accounts to estate agents and property related businesses only.

Preferences. By default, we subscribe you to email messages based on your location, status and your property interests. You can change your preferences about receiving these messages from within your Profile Settings.

Privacy. We know that you do not want spam or marketing phone calls from third parties, so we will never sell or rent your personal information to third parties, and we won’t share it with a third party unless we have your authorization. Our Privacy Policy explains how we handle member and visitor data collected and generated in the course of visiting or using PropertyHeads. Please read it, as it forms part of this agreement.

Note: For the purposes of the EU Data Protection Directive (95/46/EC), PropertyHeads Group Ltd is the controller of the personal data of members and visitors collected, used and shared through the Services. PropertyHeads transfers personal data outside the EU in accordance with the Directive. For example, PropertyHeads may use a legal mechanism known as “standard contractual clauses” to protect EU personal information transferred outside the EU. Standard contractual clauses refer to contracts between companies transferring personal information that contain standard and approved commitments protecting the privacy and security of the information transferred. By continuing to use PropertyHeads, you authorize us to transfer and store your data outside your home country, including to and in the US, as described in our Privacy Policy. The privacy protections and the rights of authorities to access your personal information in the countries to which we transfer data may not be the same as in your home country; PropertyHeads will only transfer personal data as permitted by law, and will take steps intended to ensure appropriate protection of your personal information; please review our Privacy Policy for details. If you have questions, please contact us.

Content. You retain all ownership rights to the text, photos, video, and other content you submit to PropertyHeads (collectively, your “Content”). You give us permission, in the form of a nonexclusive worldwide license, to use, copy, and publish your Content based on your PropertyHeads settings and the selections you make when posting and as otherwise described in our Privacy Policy.

Be A Good Member. At PropertyHeads, we believe that good behaviour is the foundation of a mutually beneficial social network. Our Member Guidelines outline our expectations regarding appropriate use of PropertyHeads. Do not provide us with any Content that you don’t have the right to publish, or that is defamatory, infringing, illegal or otherwise wrongful. We do not proactively screen or monitor Content posted by members; however, we can remove Content posted by you, suspend, delete or deactivate your account or other privileges, or otherwise refuse service to you, if you violate this agreement or our other policies, or infringe intellectual property, or otherwise engage in behaviour that we think harms PropertyHeads’ members.

Interacting with Other Members. Our Member Guidelines outline our expectations regarding appropriate use of PropertyHeads, including how members interact with each other. While we hope other members will be gracious, we don’t control and aren’t responsible for their actions; we encourage you to do your own research before deciding to do business with another member. In using PropertyHeads and its member-to-member transactional features, you, like every member, are acting on your own behalf and are responsible for your own decisions and actions, including posting Content and interactions with other members you meet through PropertyHeads. If you write a recommendation or other comment about another individual or a business (for example, a recommendation of a builder), be truthful, fair and gracious in your comments, and do not post any of their personal information (e.g., address, mobile number, or photos) without their permission.

PropertyHeads does not interview, run background checks on, monitor, supervise, or control PropertyHeads members, and your use of any PropertyHeads’ feature does not make us an employer, placement agency, representative, or agent of or for you or any other member or business. If you and another member decide to work together, the two of you, and not PropertyHeads, are responsible for complying with any laws that might apply, such as tax or employment laws. PropertyHeads is not a party to transactions or disputes between members.

Feedback. Please feel free to share any feedback, suggestions, or ideas you have about PropertyHeads with us, so long as you understand we may have already had the same idea, and you agree that we are free to use any feedback you voluntarily provide with no restriction or obligation (payment or otherwise) to you.

Text Messaging Alerts. If you use our text messaging service, note that text message alerts are not intended to replace any primary phone service. PropertyHeads does not charge for sending text messages, but your mobile provider may charge you. Alerts sent via SMS may not be delivered if your phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time; furthermore, within a coverage area, factors beyond the control of the user’s mobile provider may interfere with message delivery, including equipment, terrain, proximity to buildings, foliage, and weather. You acknowledge that urgent alerts may not be timely received and that your mobile provider does not guarantee that alerts will be delivered.

Copyright. If you believe Content on PropertyHeads infringes your copyright, you should contact us.

Parental Controls. Parental control protections (such as computer hardware, software, or filtering services) may assist you in limiting access to material that is harmful to or inappropriate for minors. You can find more information about parental controls by reviewing the system preferences, settings, and help documentation for your computer or mobile device.

Restrictions from Our Licensors. Some of the information and services available through PropertyHeads are licensed from third parties and covered by third-party terms and disclosures. You may not directly or indirectly sell, distribute, reverse engineer, or sublicense any such information or service.


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.


PropertyHeads Terms: Business Addendum

Welcome to PropertyHeads! This addendum applies to your PropertyHeads business membership, along with the PropertyHeads Membership Agreement, which includes our Privacy Policy (collectively, the “Terms”); if any part of this addendum contradicts another part of the Terms, this addendum governs. The Terms govern your claiming and management of your PropertyHeads business profile and your interaction with our individual residential users; you are responsible for ensuring that your use complies with our Member Guidelines and any applicable laws and regulations.

Our mission is to use the power of technology to help members enhance the property related aspects of their lives. We make business features, such as business profiles, available at our discretion for use in support of that mission, and we likewise reserve the right to refuse memberships at our discretion.

By creating a business account, you are agreeing to these Terms, so please take a moment to read this legally binding agreement. You represent and warrant that you are authorized by the business to agree to the Terms and to create its account or claim its page and you expressly agree to the Terms (both on your own behalf and on behalf of the business you are acting for). If any part of that statement is incorrect (for example, if you do not accept the Terms), then you are not allowed to claim the business or create a business account, and you must promptly deactivate any business account you created.

A. Business Account Creation and Claiming

Business profiles on PropertyHeads are created with a basic set of details about the business, such as street address, business category, telephone number, and a location map. If members have recommended or commented about the business, the business profile may also show those recommendations or comments. Most business profiles on PropertyHeads are created by the business itself, however they can also be create by third-party sources, such as business listing services, and by PropertyHeads individual residential members if one does not already exist.

You can claim your business profile by creating a new business account using a corresponding business email address. 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.

Business profiles and accounts are available only to lawful businesses. Business accounts are different from personal residential accounts, but the same membership eligibility requirements apply to both. (Business account credentials may be shared with other authorized users).

You are responsible for your business; you must comply with our Member 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 a page 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.

While PropertyHeads is not responsible for your business profile or your business, we reserve the right to verify or confirm the information that you submit to us when claiming a business profile 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 that your actions and those of other members associated with your business are authorized and legitimate; PropertyHeads 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 business profile and, if applicable, deactivate or transfer your business account. (For example, your employer may want someone else to claim and manage the business’s profile.) If you need assistance with page transfer or account deactivation, please contact us. PropertyHeads reserves the right to suspend or deactivate business profiles or accounts that we think do not meet the membership criteria or do not benefit our members. As stated in our Privacy Policy, Content that was posted before an account is deactivated may remain visible after the account’s deactivation.

B. Using PropertyHeads

Using Your Business Profile. Once you claim your business profile, you can edit it to correct errors or to add more Content, such as a logo and a description of your business.

Public Visibility. Business profiles 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 “Personal Profile Information” paragraph of our Privacy Policy does not apply to your business profile.

Messages that you post as your business (where that feature is available), will be affiliated with and have the same visibility as your Business profile. However, replies to private messages are visible only to you and the member you replied to.

Interacting with Others On PropertyHeads. We believe that good behaviour is the foundation of any social network. 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.

Asking For Recommendations or Reviews. As a 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 PropertyHeads business profile. 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 gracious, 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.

Member Privacy. We prize the privacy of our individual residential members. As part of allowing you and your business to use PropertyHeads, we require you to respect the privacy of our individual residential members. This means you cannot use PropertyHeads to collect personal or personally identifiable information about other PropertyHeads members without their permission.

Our system is designed to prevent business members from viewing, searching, or otherwise accessing conversations or direct-messages between individual residential members. 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.

Content. Your business Content includes your replies and other communications with individual residential members, and the information your business shares on its profile. You and your business retain all ownership rights to the Content (as defined in the membership 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 members relevant to the business. As stated in the Membership 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 wrongful. Claims of copyright infringement should be addressed as directed in the Membership 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 Member Guidelines, please contact us. We are not a party to transactions or disputes between members, including disputes over unfavourable reviews or other member Content.

Responsibility as a Business. We make PropertyHeads available to our members, including you and your business, to allow them to interact with each other. We do not take responsibility for those interactions. Consequently, you and your business 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.

C. Restrictions on PropertyHeads Information

You and your business acknowledge that PropertyHeads may provide you with certain information that is proprietary and confidential to PropertyHeads, such as aggregated statistics and limited membership information. 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 of the information described in this paragraph 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.

D. Important Disclaimers

You understand that, while we do our best to provide our services, we cannot promise that these services, including our website, applications, and software, will always function and function correctly. PropertyHeads is not designed or intended for high-risk applications or circumstances requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communications systems, air traffic control, life support, weapons systems or in any other device or system in which software or service function or malfunction could result in death, personal injury or physical or environmental damage.

Individual residential members have the ability to opt out of receiving messages from any member, including business members; some members communicating with or commenting about you or your business may choose to opt out of communications from you.

E. Other Provisions

These Terms (including this addendum, the Membership Agreement and the Privacy Policy) constitute the entire agreement, and supersede any other agreements or understandings (oral or written), between you and your business and us with respect to their subject matters. These Terms may be amended without notification. If you accept the new terms, you may keep using PropertyHeads; if you disagree with the new terms, you should stop using PropertyHeads and delete your account.

 
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