Terms of use

HOMEVIEWS TERMS AND CONDITIONS

Introduction

Welcome to the HomeViews.com website (the “Website“). This Website is currently provided to assist users in gathering information on residential developments and posting opinions of the same, and to allow developers and sales/lettings agents to place advertisements relevant to the developments. The terms “we“, “us“, “our” and “HomeViews” refer to HomeViews Platform Limited and our website (collectively, “HomeViews“). The term “you” refers to the user visiting the Website and/or contributing content on this Website.

These terms and conditions and any documents referred to or incorporated into them (the “Terms and Conditions”) govern your use of this Website; by using this Website, you accept and agree to adhere to the Terms and Conditions in full. If you disagree with the Terms and Conditions or any part of them, you must not use the Website.

You must be at least 18 years of age to use the Website. By using the Website and thereby agreeing to the Terms and Conditionsthe Terms and Conditions, you warrant and represent that you are at least 18 years of age.

The Website uses cookies. By using this Website and thereby agreeing to the Terms and Conditionsthe Terms and Conditions, you consent to HomeViews’s use of cookies in accordance with the terms of our Cookie Policy which is incorporated into the Terms and Conditions by reference.

For details on how we use any personal data, please see our Privacy Policy which is incorporated into the Terms and Conditions by reference. By using the Website and thereby agreeing to the Terms and Conditions, you accept and agree to the terms of our Privacy Policy.

License to use website

Unless otherwise stated, HomeViews and/or its licensors own the intellectual property rights in the Website and the material on the Website, any database operated by us in relation to the Website or created from the use of the Website or otherwise, any proprietary software utilised by us to enable you to use the Website and the underlying source code. Subject to the license below, all these intellectual property rights are reserved.

Subject to your compliance with the Terms and Conditions, you may view, download (for caching purposes only), and print pages from the Website for your own personal, non-commercial, use, to the extent necessary for the use of the Website and our services only, subject to the restrictions set out below and elsewhere in these Terms and Conditions.

You must not:

republish material from this Website (including republication on another Website);
sell, rent or sub-license material from the Website;
show any material from the Website in public;
reproduce, duplicate, copy, collect, accumulate or otherwise exploit material on this Website for any commercial purpose;
redistribute material (or copies of such material) from this Website.

You may only use the Website for commercial purposes subject to a separate prior written agreement with us which will incorporate the Terms & Conditions by reference, and which we may enter into at our sole discretion.

Acceptable use

Except with HomeViews’s express prior written consent, which we may grant at our sole discretion, you must not use the Website:

in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity or which does or may cause any breach or impairment of the Website’s security;

to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website;

to transmit or send unsolicited commercial communications;

for any purposes related to marketing.

User Account

In order to contribute content to the Website, you must register for a “User Account”. We may approve or reject your application at our sole discretion.

When you apply for a User Account, you will need to provide us with certain information including your name, email address and password. You will also need to tell us what type of user that you are (see the section below on Owners, Residents, Professional Reviewers, Developers and Sales Agents). We will use these details (and any other personal data that you provide to us through your User Account) in accordance with our Privacy Policy which is incorporated into these terms, by reference.

Once registered, your account is for use only by you and you will be responsible for all activity on your account.. You are responsible for ensuring that your account details are up to date and accurate at all times, and that your password is kept securely. You must not share your User Account, password or any devices that may be logged in to your User Account with any other person and must notify us immediately if you become aware or suspect that there has been any unauthorised use of your password or your account.

By registering for a User Account, you agree that you are happy to receive communications from us in relation to your account and your use of the Website. We may communicate with you by telephone, email or by posting notices on our Website. Through your User Account you may opt in to receive marketing emails from us and from third parties who provide products and services we think you might be interested in. You can manage your email subscriptions from your User Account at any time.

We may limit your access to the Website or your User Account at any time, without notice or liability, for technical or security reasons, to prevent against unauthorised access, loss or destruction of data, or where we consider in our sole discretion that you are in breach of any of these Terms and Conditions or any applicable law or regulation.

You can close your account at any time, either through the Website or by emailing us from your registered email address at info@homeviews.com, with the subject heading “Please Close My Account”. Please note that closing your account does not extinguish your responsibility or liability under the Terms and Conditions, and we will keep records of your account details and all your User Content privately on our secure servers for up to six years, in case we need them to deal with any potential claim in relation to your User Content.

User Content

The Website relies upon content provided by our users, and is intended to create an online community in which our users can share their experience and views on real estate and real estate developments, and developers can respond to those views. In order to function properly, it is essential that all of our User Content (whether a review or a developer response) (“User Content”) is a genuine, impartial and honest expression of the relevant user’s opinions and complies with the our User Content Policy, which is incorporated into the Terms and Conditions by reference.

We do not monitor or edit any User Content, and we are not responsible or liable for any User Content, and the views expressed in any User Content do not represent our views or values.

We reserve the right to remove any User Content from the Website or our servers, at our sole discretion, for any reason, without notice.

Your User Content

In the Terms and Conditions, “your User Content” means any material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Website, for whatever purpose.

By submitting your User Content to the Website, you grant to HomeViews a perpetual, transferrable, worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate, create derivative works from, distribute and publically display your User Content in any existing or future media for any purpose, and to use (at our sole discretion) the name that you submit in connection with your User Content – although you permanently and unconditionally waive and agree not to claim or assert any moral rights (including rights of attribution or integrity) that you might have in your User Content. You also grant to HomeViews the right to sub-licence these rights, and the right to bring an action for infringement of these rights.

Your User Content must comply with our User Content Policy and must not be untrue or recklessly untrue, illegal, unlawful, obscene, abusive, threatening, defamatory or otherwise objectionable to us or any third party, it must not infringe any third party’s legal rights (including intellectual property rights), and it must not be capable of giving rise to legal action whether against you or HomeViews or any third party (in each case under any applicable law).

You must not submit any User Content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

HomeViews reserves the right to edit or remove any material submitted to this Website, or stored on HomeViews’s servers, or hosted or published upon this Website at its sole discretion, for any reason, without notice.

Notwithstanding HomeViews’s rights under the Terms and Conditions in relation to User Content, HomeViews does not monitor the submission of such content to, or the publication of such content on, the Website. HomeViews takes no responsibility and will not be liable for any User Content posted on the Website, or for any loss or damage that might be suffered or incurred as a result of such User Content, responsibility and liability for which remains at all times with the user who has provided that content.

If you have any concerns regarding any User Content, please notify us promptly by email to info@homeviews.com, with the subject heading “Content Concern”, including a link to the content in question and the details of your concern. We will then pass that concern on to the relevant User.

In the event that we receive a complaint about any of your User Content, we will let you know and it is your responsibility to resolve that complaint.

Owners, Residents, Professional Reviewers, Developers and Sales AgentsTo increase the integrity of the content on the Website, HomeViews prefers content from users who have a genuine connection with the development to which their content relates. As such, when you register your account, we will ask you to confirm whether you are an owner occupier, owner landlord or resident of a property within the development, or a professional reviewer, developer or sales agent (“your User Status”), and your User Content will be labelled as such.

In order to ensure that our users are who they say they are, we may ask you to provide additional evidence of your User Status, and if we are satisfied with that evidence we may (at our discretion) label your User Content as being from a “verified user”.

If you would like your User Status to be verified, please contact us at info@homeviews.com, with the subject heading “User Verification Request”, including your User Status and we will respond to let you know what evidence we require to complete the verification process.

By notifying us that you are an owner occupier or a resident, you represent and warrant that you are using the Website as a consumer for your own personal domestic use and not for any business purposes, and you agree not to use the Website for any commercial or business purposes.

By notifying us that you are an owner landlord, a professional reviewer, developer or sales agent, you acknowledge and accept that you are using the Website for business purposes. If you are using the Website in this capacity on behalf or in the name of an organisation, you represent and warrant that you are duly authorised to do so.

Links to third-party websites

In addition to User Content, the Website may contain links and references to third party websites and third party products and services. These are provided for your reference only and do not constitute a recommendation or endorsement of the relevant third party or their products or services.

The websites, products and services of these third parties are not controlled by HomeViews. Accordingly, before clicking on any links to third party websites or procuring any products or services from any third party, it is your responsibility to take whatever precautions and conduct whatever research or due diligence you consider necessary in order to make an informed decision about proceeding with the transaction.

HomeViews cannot accept any responsibility or liability for those websites, products or services, and they will be subject to the terms of a separate agreement between you and the relevant third party.

No warranties

The Website and the content provided on it is provided on an “as is” and “as available” basis without any representations or warranties, express or implied. HomeViews makes no representations or warranties in relation to Website or the information and materials provided on the Website and expressly to the extent permitted by law excludes all express and imlied warranties.

Without prejudice to the generality of the foregoing paragraph, HomeViews does not warrant that:

the Website will be constantly available, or available at all; or
the information on the Website is complete, true, accurate or non-misleading.
Nothing on the Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or real estate matter you should consult an appropriate professional.

Limitations of liability – consumers

To the extent that you are using the Website as a consumer (rather than for business purposes), HomeViews will be responsible for any loss or damage that is a foreseeable result of our failure to comply with the Terms and Conditions or our failure to use reasonable skill and care, but we will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it would happen or if both we and you knew it might happen.

If your use of the Website causes damage to a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, you are responsible for ensuring that any device that you use to access the Website is protected by adequate security, anti-virus and anti-malware software, and we will not be liable for any loss or damage which you could have avoided by using such software.

For the avoidance of doubt, to the extent that you are using the Website as a consumer, HomeViews will not be liable to you for any business losses, loss of profit, loss of business, business interruption or loss of business opportunity.

HomeViews will not be responsible or liable to you for any delay or failure to comply with our obligations under these terms or conditions if the delay or failure arises from any cause which is beyond our reasonable control.

Limitations of liability – business users

To the extent that you are using the Website for business purposes, HomeViews will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of (or inability to use), or otherwise in connection with, the Website:

to the extent that the Website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses; loss of revenue, income, profits, sales or anticipated savings; loss of contracts or business relationships; loss of opportunities, damage to reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if HomeViews has been expressly advised of the potential loss.

HomeViews will not be responsible or liable to you for any delay or failure to comply with our obligations under these terms or conditions if the delay or failure arises from any cause which is beyond our reasonable control.

Exceptions

Nothing in the Terms and Conditions will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.

Nothing in the Terms and Conditions will exclude or limit HomeViews’s liability in respect of:

death or personal injury caused by HomeViews’s negligence;
fraud or fraudulent misrepresentation on the part of HomeViews; or
any matter for which it would be illegal or unlawful for HomeViews to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this Website, you agree that the exclusions and limitations of liability set out in the Terms and Conditions are reasonable.

If you do not think they are reasonable, you must not use the Website.

Unenforceable provisions

If any provision of the Terms and Conditions is, or is determined by any court or other competent authority to be, unenforceable under applicable law:

that will not affect the enforceability of the other provisions of the Terms and Conditions, which will continue in effect; and

if any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted.

Indemnity

You hereby indemnify HomeViews and its officers, employees, agents, subsidiaries, successors, assigns and sub-contractors (the “Indemnified Persons”) and undertake to keep HomeViews and the Indemnified Persons indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by HomeViews to a third party in settlement of a claim or dispute on the advice of HomeViews’s legal advisers) incurred or suffered by HomeViews arising out of:

any breach by you of any provision of the Terms and Conditions (including but not limited to any claim relating to your User Content);
your violation of any applicable law or regulation;
your infringement of any third party rights;
any claim that you have done any of these thingsthe Terms and Conditions.
Breaches of the Terms and Conditions

Without prejudice to HomeViews’s other rights under the Terms and Conditions, if you breach the Terms and Conditions in any way, HomeViews may take such action as HomeViews deems appropriate to deal with the breach, including suspending your access to the Website, terminating or suspending your User Account, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.

If we do not insist immediately that you do anything you are required to do under the Terms and Conditions, or if we delay in taking any steps against you in respect of you failing to comply with the Terms and Conditions, that will not mean that you do not have to do those things and it will not stop us from taking steps against you at a later date.

Changes

HomeViews may revise the Terms and Conditions from time-to-time. Revised terms and conditions will apply to the use of this Website from the date of the publication of the revised terms and conditions on this Website. Please check this page regularly to ensure you are familiar with the current version.

We may change, suspend or discontinue any part of the Website or any service that we provide at any time, including the availability of any feature or content on the Website, at our sole discretion, without prior notice.

Assignment

HomeViews may transfer, sub-contract or otherwise deal with HomeViews’s rights and/or obligations under the Terms and Conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under the Terms and Conditions.

Entire agreement

These terms and conditions, together with those set out elsewhere on the Website, constitute the entire agreement between you and HomeViews in relation to your use of this Website, and supersede all previous agreements in respect of your use of this Website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of England, and (subject to the alternative dispute resolution provisions below) any disputes relating to the Terms and Conditions will be subject to the exclusive jurisdiction of the courts of England.

Alternative dispute resolution for consumers

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and you are not happy with how we have handled any complaint, you may want to submit the dispute for online resolution via the European Commission Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr/main/?event=main.home.show. If you are not satisfied with the outcome, you can still bring legal proceedings.

Brand protection

PrimeAdvisor is a trade mark of HomeViews Platform Limited. All graphics, logos, headers, icons, scripts, service names and trade names used on the Website are the intellectual property of HomeViews, its licensors, or the third parties to whom they relate. You may not use any of our trade marks or any other intellectual property rights, or those of our licensors or third parties without the prior written consent of the relevant owner, or in a manner which is likely to cause confusion among consumers or which disparages or discredits the owner or any third party, or which could harm the reputation or goodwill in those trade marks or intellectual property rights or the business or companies to which they relate.

References on the Website to any third party or their products, services, trade names, trade marks or otherwise does not constitute or imply any connection with, or endorsement, sponsorship or recommendation thereof by, HomeViews.

HomeViews’s details

The full name of HomeViews is HomeViews Platform Limited.

HomeViews Platform Limited is a company incorporated in England and Wales with company registration number 10290376.

HomeViews’s registered address is HomeViews Platform Limited, Unit 2.05, 12-18 Hoxton Street, London, N1 6NG.

You can contact HomeViews by email at info@homeviews.com.