TERMS OF WEBSITE USE
This website go-offmarket.comis operated byOff Market Global Limitedwhose registered office is at 29/30 Fitzroy Square, London, W1T 6LQ("us", "our" or "we").Our main trading address is 41d Barnsbury Street, London, N1 1PW. Our VAT number is 239447284.
To contact us, please email email@example.com
This document is only available in English.
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.
PURPOSE OF THIS WEBSITE
Our Site is established solely to facilitate prospective sellers and/or purchasers of property to inter-react with prospective real estate agents ("Agents") who believe that they can help realise sales or purchases prior to properties becoming formally offered for sale or purchase. Our Site provides an interactive and private platform where prospective buyers and sellers can freely interact with Agents through our platform. The Agents are totally independent of us and accordingly we do not accept any responsibility or liability for the quality of their services nor for their dealings with prospective buyers or sellers of properties.
Accessing our site
1.1 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.
1.2 From time to time, we may restrict access to some parts of our Site or to our entire Site.
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 technology, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
You agree that if you register your interest with us:
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;
3.4 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.
4.1 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 our platform. You acknowledge and agree that any system requirements necessary to access our platform 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.
6.1 You agree to indemnify and hold harmless us and our directors, 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 We may require you to change your user name or password or any other information which permits you access to the Site and/or the platform.
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 firstname.lastname@example.org.
8.5. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
8.6 We shall not be responsible to you for damages or otherwise in respect of any error made by any Agent in its reference to you of properties communicated via this Site.
8.7 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.
8.8 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.
8.9 If any properties are discussed or referred to on our platform we are not responsible for any information regarding them, either as to accuracy, availability or with respect to any other matter. We do not have any connection with properties which may be offered by Agents.
8.10 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. 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.
[8.11 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, photographs, drawings, illustrations, images and maps 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:
188.8.131.52 no documents or related graphics, photographs, drawings or illustrations on the Site are modified in any way;
184.108.40.206 no graphics, photographs, drawings or illustrations on the Site are used separately from the corresponding text; and
220.127.116.11 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.
Content posted by you via our platform
10.1 Any material which you contribute to Agents via our Site must comply with the law applicable in England and Wales and in any country from which it is posted and must not be defamatory, obscene, discriminatory, offensive, threatening, hateful or inflammatory or contain any advertising or promote any services or web links to other sites.
10.2If we consider that a breach of clause 10.1 has occurred, we may take such action as we deem appropriate, including the immediate deletion of your content, the immediate, temporary or permanent withdrawal of your right to use our Site, legal action against you and disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
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).
10.2 Concerning the Site and Platform: You understand and agree that your use of the Site and its platform is at your own sole risk. The Site and platform 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 and/or platform 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.
10.6 Our business on this Site is not that of a property agent. We merely facilitate the use of and permit third buyers, sellers and Agents to use our interactive platform. Accordingly under no circumstances shall we be liable to you for any direct, indirect, consequential, incidental or special damages arising out of your use of our interactive platform or this Site.
10.7 We do not accept responsibility or liability for the completeness or accuracy of information appearing on this Site or which is passed to and/or from prospective buyers or sellers of properties and Agents via our platform or otherwise. The parties or such exchanges are themselves solely responsible for the same
10.8 Misrepresentation Act 1967: We give you notice that no person in our employment has any authority to make or give any representation or warranty whatsoever in relation to any property discussed or referred to via our platform on this Site.
Third party rights
11.1 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.
12.1 Please note that if you have a dispute with us which cannot be resolved amicably, the European Commission provides a platform (the “ODR platform”) for the out-of-court resolution of disputes concerning contractual obligations arising from online contracts for sales or services. The ODR platform is accessible via the following link: http://ec.europa.eu/consumers/odr.
Law and legal notices
13.1 English Law governs this Agreement and your use of the Site, and you expressly agree that the English courts shall have jurisdiction over any claim or dispute between us or relating in any way to your account or your use of this Site if any Dispute process has proved ineffective.
14.1 You acknowledge that we may change the terms of this Agreement by posting a new Agreement on the Site and you acknowledge that it is your responsibility to check the Site regularly to ascertain if changes have been made. Your continued use of the Site after such a change will constitute your acceptance of the changes.
14.3 Off Market Global Limitedis a limited liability company registered in England and Wales with Registered Number 9729117 and whose Registered Office is at 29/30 Fitzroy Square, London, United Kingdom, W1T 6LQ.Our VAT number is 239447284.
PRIVACY AND COOKIES POLICY
Your privacy and security is important to us. This Privacy & Cookies Policy (the “Policy”) sets out how we will treat your personal information and is intended to help you understand how we deal with any personal information we may obtain from you and how you may remove it.
This Policy has been prepared to meet the requirements of the UK’s Data Protection Act 1998 and The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011, (the “Acts”) and it only relates to the collection, protection, disclosure and use of personal data belonging to individuals who visit
go-offmarket.com, (our “Site”).
By clicking the “OK” button on the drop-down banner that will appear on the first page you enter on our Site,you signify your acceptance of our Policy. By providing your personal information to us, you agree that we may collect and use all personal information you provide to us in the ways described in this Policy. If you do not agree with the terms of this Policy, please do not provide personal details to us.
We will use your information only for the purposes set out below.
Please note that we may need to update this Policy from time to time to reflect changes in the law. We recommend that you check this Policy regularly to ensure that you have read the most recent version and are happy with any changes.
This Policy was last revised on 25 July 2017.
We are registered with the Information Commissioner’s Office under the Data Protection Act 1988 under Registration Number: ZA263441For the purpose of the Act, the data controller is Off Market Global Limited of 29/30 Fitzroy Square, London, W1T 6LQ. Our nominated representative for the purpose of the Act is Solomon Strickland.
We will collect and process the following data about you:
1.1 Information you give us. This is information about you that you give us by filling in forms on our Site or by corresponding with us by phone, e-mail or otherwise. It includes information you provide when you register to use our Site, participate in social media functions on our Site, and when you report a problem with our Site. The information you give us may include your name, address, e-mail address and phone number, and details of properties sought by you or to be offeredfor sale.
1.2 Information we collect about you. With regard to each of your visits to our Site we will automatically collect the following information:
1.2.1 technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, and your login information,
1.2.2 information about your visit, including the full Uniform Resource Locators (URL).
1.3 The information we will collect from you includes, but is not limited to, data concerning traffic on our Site, location data, weblogs and other communication data, (whether this is required for our billing purposes or otherwise) and the resources that you access. We may also collect information you have made public through your use of a social media account accessed through our Site, including your user ID associated with it.
1.4 By providing any personal information to us, you fully understand and clearly consent to the transfer, collection and processing of such personal information. Such transfer, collection and processing will comply with the terms of this Policy.
2. IP Addresses & Cookies
2.1 Like many other websites, we use “cookies” to help us gather and store information about visitors to our Site which helps us to provide you with a good experience when you browse our website and also allows us to improve our Site.
2.2 We may collect information about your computer, including your IP address, operating system and browser type, for system administration. This is statistical data about our Site users’ browsing actions and patterns, and does not identify you as an individual.
2.3 A “cookie” is a small text file which is created on your computer’s hard disk when you access certain websites. Cookies allow the website to recognise your computer. A cookie can identify the pages that are being viewed and this can assist us to select the pages that the visitor sees.
2.4 “Session” cookies only exist whilst visitors are online on a particular occasion. These are temporary cookies that aid your journey around the Site and remember the preferences you have selected during your “session”.
2.5 "Persistent" cookies, which are not session-based, remain on a visitor’s computer, so that you can be recognised as a previous visitor when you next visit our Site. This allows us to collect information about your browsing habits whilst on our Site, and this can be useful in assisting us to monitor and improve our services.
2.6 We do not store sensitive information such as account numbers or passwords in any cookies, and cookies in themselves, do not contain enough information to identify you. You will only become personally identifiable in relation to your browsing habits after you have formally provided us with your personal data for the purposes outlined in Section 1.1 above.
2.7 In addition to using cookies, we also use GIFs and other web tools, such as Google Analytics, to collect information about your browsing activities whilst on our site. In this respect the information that is provided is similar to the information supplied by cookies, and we use it for the same purposes.
2.8 Any information that we acquire about you using cookies, GIFs, or other web tools is subject to the same restrictions and conditions as any other information we collect about you, as outlined in this Policy.
2.9 As far as our database is concerned we do not store passwords anywhere in plain text. All passwords are hashed using a random salt string that is unique to every user so that if two or more users pick the same password the stored password hash will be different for each user.
3. The Cookies used on our Site
3.1 Cookies set by our Site at the date of this Policy are:
3.1.1 agent_id or cust_id.One or other of these cookiesisused to log in and verify users. No personal information is recorded by these cookies. Additionally, hash is an 8 bit random string unique to a specific user which is used as a second identifier of the user and prevents other users editing cookies to obtain the login of someone else.
3.1.2 PHPSESSID. This cookie enables you to move around the Site and use its features, such as accessing secure areas of the Site. Without this cookie, services that you have asked for cannot be provided.
3.2 Cookies set by Google Analytics include:
3.2.1 _ga and _gid. These cookies are used to store information about the number of visits, duration of browsing, referring sites and other analytical information and compile reports for us on Site activity. No personal information is stored in these cookies.
3.2.2 These cookies collect information about how you use a website, for instance which pages you go to the most often and if you get error messages from web pages. All information these cookies collect is aggregated and therefore anonymous. They are only used to improve how a website works, by managing the performance and design of the Site.
3.2.3 For more information about the way in which Google Analytics uses these cookies, please visit the following link – http://code.google.com/apis/analytics/docs/....
3.2.4 [We have enabled Google Analytics Demographics and Interest Reporting (based on Google Display Advertising) to help us to better understand who our users are including their age, gender and interests. The data we collect is used by us to develop the site’s content and our site generally to address our user’s interests. If you wish to opt out of Google Analytics for Display Advertising you can do this by using the Ads Settings. ]
3.2.5 Google stores the information collected by the cookies on servers in the United States. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google state that they will not associate your IP address with any other data held by Google. By using our Site, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
3.3 If you wish to know all the cookies we have set and how to delete or manage them, please refer to allaboutcookies.org.
4. How to disable/enable Cookies
4.1 You have the ability to accept or decline cookies by modifying the settings in your browser. For example, in Internet Explorer, you can go to Tools and then Internet Options, and then Privacy where there is the option to change your settings to disable cookies. However, you may not be able to use all the interactive features of our Site if the cookies are disabled.
4.2 You also have the ability to delete cookies that have been installed in the cookie folder of your browser. To do this you should search for “cookies” in your “Help” function for information on where to find your cookie folder.
4.4 To prevent Google Analytics cookies being set, you may install the Google Analytics Opt-Out Browser Add-On which is compatible with all major browsers by clicking on this link -http://tools.google.com/dlpage/gaoptout and following the instructions.
5. Where we store your personal data
5.1 All information you provide to us is securely stored on our servers. We have implemented generally accepted standards of technology and operational security in order to protect personally identifiable information from loss, misuse, alteration or destruction. In particular, we ensure that all appropriate confidentiality obligations and technical security measures are in place to prevent any unauthorised or unlawful disclosure or processing of such information.Where we have given you (or where you have chosen) a password allowing you to access certain parts of our Site, you are responsible for keeping this password confidential. You must not share your password with anyone.
5.2 The information that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA, who work for us or for one of our suppliers. By submitting your personal information, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy.
5.3 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.
6. Uses made of the information by us
6.1 We may use personal information collected from you to provide specific services that you request and to provide additional services that may be of interest. We may use your personal information in the following ways:
6.1.1 Ease of Use – To ensure that content from our Site is presented in the most effective manner for you and for your computer.
6.1.2 Transactional Purposes – To respond to your queries and requests and to pass some content submitted by you to Estate Agents solely for the purposes of meeting the requirements expressed in your content.
6.1.3 Communication – To notify you about changes to our service.
6.1.4 Marketing Communications and Analysis – We may use your personal information to communicate with you about our services and for our own internal marketing analysis, for example, to assess trends amongst our consumers or to measure the amount of traffic to our Site.
7. Uses made of the information by Third Parties
7.1 We may also use your data, or permit selected third parties to use your data, or part of it, to provide you with data about properties or services which may be of interest to you, and we or they may contact you about these by post or email.
7.2 If you are haveregistered with our Site, we will only contact you by email with information about services similar to those which were the subject of a previous communication to you.
7.3 If you are have notregistered with our Site, we will contact you by electronic means only if you have consented to this.
7.4 If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box on registration, or within your profile preferences.
7.5 Please note that we will not, under any circumstances, sell your personal information to anyone else.
7.6 Any information or statistics relating to our business that we disclose to others will not identify you personally. We may, for example, perform statistical analyses of users’ behaviour on our Site in order to measure interest in the various areas of our Site and to inform advertisers as to how many consumers have "clicked" on their advertising banners. This information, and any other general information about our users that we share with advertisers and others, will not contain personal information about you.
8. Links to other websites
This Policy only relates to this Site so that if you follow a link from this Site to another website, this Policy will not apply and you must refer to and read the privacy statement on that other website which you visit. Please note that we do not accept any responsibility or liability for the other website’s policies and you should please check them before you submit any personal data to these websites.
9. Disclosure of your information
9.1 We may disclose your personal information:
9.1.1 To third parties to whom you have provided your consent in order that they will be able to prepare or send any communications to you, or to assist us in connection with any of our administrative or business functions, or in the provision of any of our services to you.
9.1.2 In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer.
9.1.3 If Off Market Global Limited, or substantially all of its assets, are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
10. Interactive areas of our Site/Blog
10.1 Information that you post via social networking (including but not limited to Facebook and Twitter) is generally accessible to, and may be collected by, others and may result in unwelcome communications. For your own safety and security you should not provide information about yourself on the aforementioned areas of our Site or via social networking.
10.2 If you disclose any information via social networking, we do not accept any responsibility or liability for any breach of privacy, loss, damage, effect on your reputation or otherwise whatsoever.
11. Retention of your Data
We will only retain your data for as long as is necessary to give effect to your property requirements.
12. Your Rights
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you, before collecting your data, if we intend to use your data for such purposes or if we intend to disclose your data to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at Off Market Global Limited, 41d Barnsbury Street, London, N1 1PW.
13. Access to information
The Acts give you the right to access information we hold about you. Any access request will be subject to a fee of £10 to meet our costs in providing you with such information. If you would like a copy of this information, please write to us at the address below.
Questions, comments and requests regarding this Policy are welcomed and should be addressed to The Website Administrator, Off Market Global Limited, 41d Barnsbury Street, London, N1 1PW.