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Terms and conditions - content
Terms and conditions

Terms and Conditions

Definitions

“Properstar” or “the Company” (or “we”, “us)” means Properstar, a trading style of ListGlobally, company incorporated in Lausanne, Switzerland.

“Agent” refers to the real estate agent, advertiser or home owner which details are used in registration and order process.

“Agreement” means contract between the Company and the Agent in accordance with these Terms and Conditions, order placed on the Website and, if applicable, Agent specific Terms and Conditions.

“Services” refer to the services provided by Properstar or its partners as described on the Website and defined in order form.

“Membership” is a subscription level which allows to use specific Services provided by Properstar and its partners.

“Website(s)” refers to a website at http://properstarpro.co.uk or other websites via which the services are provided.

“Agent account” is a profile on Properstar website which includes details about the Agent and properties submitted.

Services

1.1. Subject to these Terms and Conditions, Properstar (and its partners) will provide the Agent with the Services in accordance with defined Membership options and Order Form.

1.2. The Company may revise these Terms and Conditions and apply changes to it without prior notice.

Obligations

2.1. Properstar may:

  • 2.1.1 Modify functionality of the Website in order to keep pace with the latest demands and technological developments or to comply with any and all regulations.
  • 2.1.2 Require to change or remove the content provided by the Agent

2.2. The Agent warrants and represents that:

  • 2.2.1. Content provided by the Agent complies with the laws and regulations of the United Kingdom and doesn’t infringe or in any other way damages third party copyright, trademark or intellectual rights.
  • 2.2.2. Content provided by the Agent doesn’t include any offensive or inappropriate content.
  • 2.2.3. The Agent will remove the listing from the Website if the property is under offer or is taken off the market within the shortest time possible.
  • 2.2.4. The Agent won’t resell any Services provided by Properstar to any third parties without written agreement between Properstar and the Agent.

2.3. Agent agrees that:

  • 2.3.1. The Company does not control, nor edit before uploading any content. The content is entirely the responsibility of the person, persons or agents from whom such content originated.

2.4. The Agent grants the Company a non-exclusive license to copy, display, distribute, sell and otherwise use the content provided by the Agent for provision of Services.

Payments

3.1. The Agent must pay fees for Services provided by Properstar as stated on the Website in accordance with these Terms and Conditions.

3.2. The Membership payment will be charged upfront automatically on a monthly basis before the new subscription period starts.

3.3. The recurring payment option will be activated after the Agent creates an Account and subscribes to the Services. The Agent will be charged the fee as stated in order form each month on a recurring basis. The Recurring Payment is to remain in full force and effect until Properstar receives a notice from the Agent about Service termination in such time and in such manner as to afford Properstar and its partners a reasonable opportunity to act upon it. Notice may be provided to the email address support@properstar.co.uk. All inquiries and complaints about incorrect statements, wrong transactions etc. should be emailed to support@properstar.co.uk with name, telephone number and a brief explanation of the problem. We will make all necessary adjustments to the Agent account within 30 days if we find it reasonable. After 45 days all charges will be assumed correct.

3.4. Properstar may change the rates and fees payable for the Membership subscription any time with prior notice to the Agent.

3.5. If the Agent doesn’t agree with the newly defined price they can cancel their Membership subscription after the current Membership period ends with prior notice to the Company.

3.6. Properstar reserves the right to charge VAT on any account where payments are not made by debit card.

3.7. Properstar can offer free or discounted Membership subscriptions for a limited time period by setting up a trial period or providing a promo code. If the Agent in any way violates these Terms and Conditions the Company can terminate the Membership subscription any time in its absolute discretion. The due date for the next payment is considered to be the next day after the trial expiration.

3.8. The Agent can ask for refund in case they can’t use the Services defined on the Website in accordance with these Terms and Conditions due to the technical issues caused by Properstar. Properstar handles each refund request individually and may refuse in its absolute discretion to pay a refund.

Upon a duly submitted refund request, Properstar will refund the payment on a pro rata basis for the unused period of the Services fully or partially. This does not apply to subscriptions where upon termination by the Agent. Properstar reserves the right to deny repetitive refund requests (more than once for any given type of payable Services). Properstar may provide the Agent with refund in the event the Agent terminates Membership as permitted under these Terms and Conditions or in the event that Properstar terminates the Agreement without serious cause.

All refunds shall be paid to the person who initially purchased the Services as indicated in order form, either through the original payment method used, or any other reasonable payment method to be determined by Properstar in its sole discretion. The Company reserves the right to terminate the Agreement with immediate effect, automatically and without recourse to the courts, in the event of any abuse by the Agent of these terms related to refunds.

Liability

4.1. Limitation of Liability: In no event shall Properstar or its affiliated companies, its employees be liable for any indirect, special, incidental or consequential damages and any loss of business, income, data or for damaged hardware or software.

4.2. Nothing in the Agreement shall exclude or limit liability for death or personal injury resulting from the negligence of Properstar or for fraud or any other liability that cannot be excluded or limited by law.

4.3. Properstar shall not be liable for any liability caused by the Agent’s breach of the Agreement.

4.4. Properstar shall not be liable to the Agent for any liability of whatsoever nature incurred as a result of the Agent using, altering or manipulating any data provided by Properstar or changing the manner in which data is represented.

4.5. Properstar shall be liable in relation to the content represented through the Services or Membership content provided by Properstar and its partners.

4.6. As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to the Agent. In that event the liability will be limited as far as legally possible under the applicable legislation.

4.7. Force Majeure: The Agent acknowledges and understands that if Properstar is unable to provide the Services as a result of a force majeure event, Properstar will not be in breach of any of its obligations towards the Agent under these Terms and Conditions. A force majeure event means any event beyond the control of Properstar. In the event Properstar is affected by a force majeure event, it shall promptly notify the Agent of the estimated extent and duration of its inability to perform or delay in performing its obligations, on a reasonable efforts basis.

Confidentality

5.1. Properstar and the Agent agree to keep any and all Confidential Information that is obtained about the other strictly confidential. "Confidential Information" means any information or matter concerning the business, finances or technology which is not in the public but shall not include any information that either party is required to disclose by law or which has come into the public domain other than by breach of this clause. This clause shall survive termination of the Agreement.

Content guidelines

6.1. The Agent warrants and represents that:

  • 6.1.1. The info provided on the Website doesn’t include any abusive, unlawful, indecent, obscene, racist, discriminatory or menacing or which does, or is intended to, cause annoyance, inconvenience or worry, or which is fraudulent or defamatory.
  • 6.1.2. The Agent contact information is accurate and up-to-date including but not limited to agency name, phone number and email address.

6.2. The Agent is solely responsible for the information provided both to the Agent account and property details.

6.3. The Agent should keep Account access information secure and not allow third parties access to it. The Agent account should be used by a single agent or agents representing a single agency.

6.4. Properstar reserves the right to remove any Agent account or properties temporarily or permanently in case of breach of these Terms and Conditions.

Termination

7.1. The Agreement takes effect the date when the Agent subscribes to the Membership Account or in any other way agrees with these Terms and Conditions by clicking appropriate buttons or links referred to these Terms and Conditions.

7.2. The Agent may terminate this Agreement with Properstar any time with prior notice to us unless they have signed up to one of our six or 12 months fixed term contracts as set out in ProperstarPro, in which case they will remain a customer till after the fixed term.

7.3. Properstar may terminate this Agreement and limit, suspend or terminate the Agent account with further blocking of access to the Services and/or Website with immediate effect and without recourse to the courts if we think that the Agent breaches these Terms and Conditions, creating problems, possible legal liabilities, acting inconsistently with the letter or spirit of our policies, infringing someone else’s intellectual property rights, engaging in fraudulent, immoral or illegal activities.

General

8.1. The terms of these Terms and Conditions constitute the entire Agreement between the Agent and Properstar with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter. Nothing in this clause shall exclude or restrict the liability of either the Agent or Properstar arising out of fraud or fraudulent misrepresentation.

8.2. If any provision of these Terms and Conditions, or any part of a provision, is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remainder shall not be affected.

8.3. The Agent may not assign, transfer or dispose of the benefit or burden of the Agreement without the prior written consent of Properstar.

8.4. The failure to exercise, or delay in exercising, a right, power or remedy provided by the Terms and Conditions or by law shall not operate as a waiver of those rights or remedies.

8.5. These Terms and Conditions shall be governed by and interpreted in accordance with English law and shall be subject to the jurisdiction of the English courts.

@Properstar – 2017, last update on 10 January 2017.