Conditions Of Use

General

Availablehouse.com is an information portal design to enable vendors of property, land and businesses, and suppliers of other goods, facilities and services, to purchase private advertising space on the world wide web. It is not an estate agency, neither does it carry out the functions of an estate agent, it merely provides advertising space.

Data Protection Act 1998

Under the provisions of the UK Data Protection Act 1998, we are registered with the UK Governments Information Commissioners Office for the purposes of handling, storage and use of information supplied to us.

All Users of this service understand and agree that Availablehouse.com (referred to as "the Company") may use any or all information submitted by the User in its publicly accessible websites and for any other purpose connected with the normal business operations of the company.

All information will be securely retained by the company and used exclusively in the normal conduct of any or all of its business activities. Information will not be passed onto third parties not connected with, or not involved in normal business activities with the company.

Acceptable use

Users of this service are completely responsible for the contents of any information posted on or through our website.

Users should ensure that all information either posted on, or conveyed through, our website does not infringe on any 3rd party's rights, particularly those rights pertaining to intellectual property or copyrights, designs and patents.

Users should also ensure that all information is neither defamatory, offensive or obscene, and that it complies with English law and with any relevant Statutory Instruments, Regulations or Code of Practice, that is not misleading and that it contains no misrepresentation.

Users are not permitted to resell space on our website, neither are they permitted to use our site for any purpose other than advertising.

In using our site, all users declare that they are the lawful owner of all information posted on or transmitted through our website.

Acceptance

The Company reserves the right to reject or delete any information which it believes to be either incorrect, or misleading or is in breach of our acceptable use policy without any notice, explanation or refund of any monies paid.

E-mail via the website

Our website contains a form that enables Users to send e-mail to other Users. The Company will endeavour to filter out inappropriate e-mails, so as to avoid nuisance to all Users. The User authorises The Company to read any e-mail sent to it via its website and to use its discretion in deciding whether to forward the e-mail message to the user or to reject it.

Viruses

All User will take reasonable steps to ensure that any contents that he or she posts to, or transmits through our website are free of contaminating or harmful programs, agents or viruses.

The Company reserves the right to remove all contents that it suspects of harbouring such harmful agents without notice or explanation.

The Company accepts no responsibility for the occurrence of such harmful programs, agents or viruses anywhere on the Company's websites.

All Users are responsible for protecting their own electronic or telecommunication devices, from infection from the use of the Company's on-line facilities.

Back-up

The Company will endeavour to keep electronic back ups of all information posted to or transmitted through its website, but no reliance can be made on this service by any user. All users are advised to keep their own backup of any text, images and files.

Service levels

The Company will use its reasonable endeavours to provide continuous access to its on-line facilities via the internet, but the Company does not warrant or represent that it can do so since neither the Company nor any other party has control over the internet, which is a global decentralised network of computer systems. The service may not be free from error or interruption and may be very variable.

Bandwidth

Should Internet traffic to any information held on our website, at any time in the view of the Company become excessive, the Company reserves the right reject or delete any information which it believes to be the cause without any notice, explanation or refund of any monies paid.

Limitation of Liability

The Company accepts no liability whatsoever to any User, for any losses, or damage, material, financial or otherwise, that may arise from the use of its website, or for any damage that may result from forwarding, rejecting, delaying any information either posted on or transmitted through its site.

All Users accept our services "as is" and "as available" without any warranty of any kind either express or implied, including but not limited to warranties of satisfactory quality, merchantability, fitness for purpose, title or non-infringement.

The Company is not liable and will not be liable under any circumstances, for any direct, indirect, incidental, special, punitive or consequential loss or damages which result or may result from the User's use of the service or use of the Company's software (included but not limited to deletion or loss of files, defects or delays in transmission or any failure of the server or the internet) for any purpose whatsoever or for any reliance on or use of information or services provided.

The User's sole and exclusive remedy if dissatisfied with the service for any reason whatsoever, is termination of the service and this agreement by immediately discontinuing using the Service.

The foregoing warranties are in lieu of all other warranties, express or implied and the User's sole remedy is hereunder.

The Company is not liable for the act or omission of any entity furnishing products or services which are required by the User to use the service. Nor will the Company be liable for any damage or loss due to the fault or negligence of the User, or for the failure of any products or services provided by the User.

The Company is not responsible in contract or in tort for the unauthorised access to, or alteration, theft or destruction of e-mails, files, programs, or information of the User by any person through accident or by fraudulent means or devices, even if such access occurs as a result of the Company's own negligence.

The Company is not responsible to any user if changes in any of the Company's facilities, operations, procedures, products or service that render obsolete the User's Equipment or software; render modification or alteration to the User's Equipment or software; or otherwise affect performance.

Indemnities

The User undertakes fully and effectively to indemnify and keep indemnified at all times the Company against all actions, proceedings, costs, claims, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by the Company directly or indirectly in respect of use of our services by the User.

Advertising

The Company may use any information posted on, or through its website in advertising and promotional materials.

Assignment

Neither this Agreement nor the benefit of the Service may be assigned or transferred by the User whether voluntarily or involuntarily or by operation of law, in whole or in part, to any party without the prior written consent of the Company, and the Company reserves the right to charge for any time or costs incurred by its staff in so doing. The Company is fully entitled to assign or transfer this Agreement at any time.

Notices

Any notice under the terms of this Agreement or required by law shall be in writing and shall be delivered by mail to the Company at 72 Boston Road, Leicester, LE4 1HB, or to such other address as may from time to time be designated by notice or to the User at the address given at registration or subsequently amended in writing.

Law

The application, enforcement and performance of this Agreement shall be governed and construed in accordance with English Law.