This Acceptable Use Policy sets out the terms between you and us under which you may access our website PropertyMutual.com (our site). This Acceptable Use Policy applies to all users of, and visitors to, our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this Acceptable Use Policy, which supplement our Terms of Website Use.
PropertyMutual.com is a site operated by PropertyPortal.Com Limited on behalf of CREVALA Ltd (we or us). We are registered in England and Wales under company number 6603664 and we have our registered office at 6 Langdale Court, Witney, Oxon. OX28 6FG. Our VAT number is 943 4310 41
You may use our site only for lawful purposes. You may not use our site:
You also agree:
We may from time to time provide interactive services on our site, including, without limitation:
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must not:
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
PropertyMutual.com is a site operated by PropertyPortal.Com Limited ("We"). We are registered in England and Wales under company number 06603664 and have our registered office at 6 Langdale Court, Witney, Oxon. OX28 6FG. Our VAT number is 943 4310 41. We are a limited company.
Access to our site is permitted on a temporary basis, 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.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
When using our site, you must comply with the provisions of our Acceptable Use Policy.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
You may be aware of the recent Advertising Standards Authority (ASA) ruling that non-optional tenant fees and charges should be made clear in all adverts when not included in the quoted price.
The exact format of what is acceptable remains unclear and would appear to depend on the type and applicability of the tenant fees you charge.
We added the following disclaimer to all rental properties on PropertyMutual.com as of Thursday, 14th March 2013: ‘Administration fees may apply when renting a property in England, Wales or Northern Ireland. For more details, please contact the agent.’
However, we recommend that you take appropriate advice to ensure that you comply with the ASA ruling given the specific charging model you have adopted.
Should you wish to display further detail on applicable fees, these can be included on the property’s details page within the ‘free text’ summary description on PropertyMutual.com.
If you upload your properties to PropertyMutual.com using PropertyMutual.com services and have any questions about how to include this additional text within a property’s details section, please contact your account manager.
If you upload your properties to PropertyMutual.com using a datafeed and have any questions, please contact your software provider.
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which 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.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
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.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to make any use of material on our site other than that set out above, please address your request to email@example.com
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
The trademarks are UK registered trademarks of PropertyMutual.com.
We reserve the right to check all new Advertisements submitted to us. We will do so within a reasonable period after they have been submitted to us. We reserve the right in our discretion to reject Advertisements. If the Advertisement has been paid for, we will refund the payment less a reasonable administration fee.
Advertisers must ensure that property listings and other Advertisements are accurate and up to date, are not misleading, comply with all applicable laws, regulations and codes of conduct and do not infringe any third party intellectual property or other rights. Also, such content must not be offensive, vulgar, racist, abusive, invasive of another's privacy or similarly inappropriate.
All Advertisements must also comply with the following guidelines:
We reserve the right in our discretion without notice to edit the text or layout of Advertisements submitted to or posted on our Site (including removal of hyperlinks to, or addresses of, or other websites from property listings) or to locate or relocate Advertisements on our Site where we think fit (provided that you achieve prominence which is broadly equivalent to what we offer for your particular package). We also reserve the right to charge for the inclusion of hyperlinks if so stated on our Site.
Only one property can appear on each listing, except in the case of multiple units at the same location in the same category (eg identical one bedroom flats in a single building). We reserve the right in our discretion to determine whether multiple units do qualify for a single listing. The property initially listed may not be changed without our prior written consent.
You may only use the information in leads we send you (whether via forms or dedicated phone numbers on our Site or otherwise) for the purposes specified by the enquirer (eg to communicate about a specific property or category of properties). You must not otherwise market to or contact such persons. When using such leads or when providing products and services relating to such leads you must do so to the highest industry standards, you must comply with all applicable laws, regulations and codes of conduct (including as to data protection) and you must not infringe any third party rights.
We may at any time immediately cancel your registration or use of our Site without cause including removal of any Advertisement. If so, we will refund in full any fees already paid for the period in respect of which we take such a step.
we may without giving notice or reasons remove or suspend any Advertisement or terminate a user's registration or right to use our Site. In such case we will provide a refund pro rata of any subscriptions paid for any unused period.
We cannot be held legally responsible for loss or damage resulting from editing, rejection, suspension or removal of an Advertisement or from termination of registration for or of use of our Site provided we act in accordance with this agreement.
If we have given notice in accordance with any of the previous paragraphs, you must not attempt to re-register for or use our Site or services or re-post or re-submit the relevant content as the case may be.
We may in our discretion change or remove any feature of our Site. If this is a significant part, we will refund any applicable fees already paid for the remainder of the period to which the fee relates.
Subscriptions for holiday lettings are available to private property owners. Details are as stated on our Site.
Pay per lead
In case the case of pay per lead (available to estate agents/realtors), there is no charge to list a property but you agree to pay the relevant price shown on our website for every unique lead generated. Leads include enquiries submitted via the enquiry forms or via dedicated telephone numbers. In the case of enquiry forms, leads are unique when they show different contact email addresses except that we will treat enquiries with the same email address as unique where they are sent more than 28 days apart. Each telephone call to the dedicated telephone number(s) which we allocate to you is treated as a unique lead even if more than one call is from the same telephone number.
If you believe that a lead is invalid (eg because contact details are incorrect), you can dispute it by flagging as disputed within your account. This must be done within 14 days of the lead occurring. We reserve the right to investigate any disputed lead and to charge for it if we consider it valid. Our decision as to validity of leads shall be final but we promise to act reasonably.
CPC / CPM
In the case of "cost per click" (CPC), click means all clicks by a unique user on an Advertisement over any 24 hour period as measured by our tracking systems. In the case of cost per 1000 impressions (CPM), a single impression means the display of an Advertisement to a user as measured by our tracking systems.
Payments must be made by the methods shown on our Site.
All fees shown on our Site include VAT unless otherwise stated. You must make all payments without any set-off, counterclaim and/or any other deduction.
It is your responsibility to keep your account in sufficient credit to pay for the relevant services. We reserve the right to disable, suspend and/or remove Advertisements if there is insufficient credit in your account. We do not pay interest on monies credited to your account.
We will e-invoice you when you top up your account and / or at the end of the relevant month and / or on cancellation by you (see below). Invoices must be paid within 7 days.
If any amount due to us is unpaid, we may:
We may change the fees on our Site at any time. Any new orders placed after the change will be subject to the new fees. For existing contracts, we will give you notice by email at least one month before any fee change takes effect. If you do not accept the new fee, you should cancel this agreement before the change takes effect by the means shown below.
In the case of pay per lead or CPC / CPM, you can cancel this agreement at any time by notifying your account manager by email to firstname.lastname@example.org. Cancellation will take effect within one UK business day of receipt of your notification. You remain liable for all fees incurred up to the date that the cancellation takes effect. If we hold any funds on credit following settlement of our final invoice, these will be repaid to you by credit card refund or such other method as we may determine less any outstanding promotional free credit.
You can also cancel this agreement where otherwise permitted in these Website Terms and Conditions.
If you have any concerns about material which appears on our site, please contact email@example.com
Thank you for visiting our site.
This Agreement is between you ("you" or "User"), PropertyMutual.com and TagItScanIt ("TagItScanIt" or "we"). By using our Services, you agree to be bound by the terms and conditions contained herein and as amended from time to time.
TagItScanIt provides Software that helps you manage marketing campaigns to your consumers through the management of physical tagged media such as qr barcodes and NFC tags and other such “smart” physical media. TagItScanIt also allow you to manage payments between you, consumers, TagItScanIt or third parties in a convenient and secure way ("Services"). TagItScanIt is an independent contractor for all purposes. TagItScanIt does not have control of, or liability for, products or services that are paid for with our Services. We do not guarantee the identity of any User or Consumer or ensure that a Consumer or Seller will complete a transaction.
2.1. Eligibility. To be eligible for our Services you must be an authorized User of a financial credit/debit card or other valid form of electronic payment supported by the Services. You also must be connected via web browser or Smartphone or wireless connection in order to use the Services. Failure to establish a viable connection to the Internet will render the Services unusable.
2.2. Identity Authentication. You must submit complete and accurate information upon registration for the Services. You authorize TagItScanIt, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for additional information; requiring you to take steps to confirm ownership of your email address or financial instruments; ordering a credit report and verifying your information against third party databases or through other sources. You grant TagItScanIt the right to receive and use such information for these purposes.
2.3. License Grant. Upon appropriate registration of your account (and for so long as such account remains active and open), TagItScanIt and its Licensors or partners grant you a limited non-exclusive license to use TagItScanIt Software in accordance with the documentation (including all updates, upgrades, new versions and replacement software) as described herein for your personal use only. You may not rent, lease or otherwise transfer your rights in the software to a third party. You must comply with the implementation and use requirements contained in all TagItScanIt documentation accompanying the Services. If you do not comply with TagItScanIt implementation and use requirements, you will be liable for all resulting damages suffered by you, TagItScanIt and any third parties. You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the Software. You acknowledge that TagItScanIt owns all rights, title and interest in the TagItScanIt Software.
3.1. Payment Services. Upon proper authorization of a payment using the Software, we will use your information to conveniently enable you to make a payment to a Merchant using your Preferred Payment Source (the debit or credit card that you have selected on the Account). While TagItScanIt will pre-populate a payment request form, the payment will not be submitted until you click "Submit" on the pre-populated web page. If you Authorise TagItScanIt to automatically re-charge your account, then we will use secure tokenization methods to take a payment from your payment source.
3.2. You may modify a Preferred Payment Source through the Settings page within the TagItScanIt Software. If your credit card account numbers change or your credit card expiration date changes, you are required to update your Account.
3.3. Taxes. It is your responsibility to determine what, if any, taxes apply to the payments you make, and it is your responsibility to collect, report and remit the correct tax amount to the appropriate tax authority.
4.1. Closing Your Account. You may close your Account at any time by sending an email to:info@TagItScanIt.com. Following this request, the Services shall be disabled and all of your personally identifiable information will be removed from our servers.
In connection with your use of our Website, your Account, or the Services, or in the course of your interactions with TagItScanIt, a User or a third party, you will not: Breach this Agreement, the Acceptable Use Policy or any other Agreement that you have entered into with TagItScanIt (including a Policy); Violate any law, statute, ordinance, or regulation; Infringe TagItScanIt copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy; Act in a manner that is defamatory, trade libellous, unlawfully threatening or unlawfully harassing; Provide false, inaccurate or misleading Information; Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us; or Use your Account or the Services in a manner that TagItScanIt, Visa, MasterCard, American Express or Discover reasonably believe to be an abuse of the credit card system or a violation of Credit Card Association rules.
6.1. Disputes by TagItScanIt. If we have reason to believe that you have engaged in any Restricted Activities or otherwise breached any terms of this Agreement, we may take various actions to protect TagItScanIt from liability. TagItScanIt, in its sole discretion, reserves the right to terminate this Agreement, access to its Website, or access to the Services for any reason and at any time upon notice to you.
6.2. Disputed Payment. In the event that a transaction is processed that you have not authorized, you must pursue a Dispute/Claim with your credit card company and pursue your chargeback rights. TagItScanIt is simply enabling a payment and as a result has no rights or ability to reverse charges that have been approved in accordance with TagItScanIt payment procedures.
7.1. Contact TagItScanIt First. If a dispute arises between you and TagItScanIt, our goal is to learn about and address your concerns and if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly. Disputes between you and TagItScanIt regarding our Services may be reported by providing notice to: info@TagItScanIt.com
7.2. Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than £10,000.00 GBP, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution (ADR) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions and the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
7.3. Law and Forum for Disputes. Except as otherwise agreed upon by the parties or as described in section 7.2 above, you agree that a court located in the UK must resolve any claim or dispute you may have against TagItScanIt. You agree to submit to the personal jurisdiction of the courts located within the UK for the purpose of litigating all such claims or disputes. This Agreement shall be governed in all respects by the laws of the UK without regard to conflict of law provisions.
7.4. Improperly Filed Litigation. All claims you bring against TagItScanIt must be resolved in accordance with this Agreement. All claims filed or brought contrary to this Agreement shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to section 7, TagItScanIt may recover attorney’s fees and costs (including in-house attorneys and paralegals) provided that TagItScanIt has notified you in writing of the improperly filed claim and you have failed to promptly withdraw the claim.
7.5. No Waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
8.1. Limitations of Liability. IN NO EVENT SHALL WE, OUR PARENT, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). If for any reason the limitation above is not enforceable, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, EMPLOYEES AND SUPPLIERS, TO YOU ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF THE ACTUAL AMOUNT OF DIRECT DAMAGES OR ONE HUNDRED GBP POUNDS.
8.2. No Warranty. TAGITSCANIT, OUR PARENT, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES AS IS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. TAGITSCANIT, OUR PARENT, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TagItScanIt does not have any control over the products or Services that are paid for with our Service and TagItScanIt cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction or is authorized to do so. TagItScanIt does not guarantee continuous, uninterrupted or secure access to any part of our Service, and operation of our site may be interfered with by numerous factors outside of our control. TagItScanIt will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but TagItScanIt makes no representations or warranties regarding the amount of time needed to complete processing because our Service is dependent upon many factors outside of our control, such as delays in the banking system.
8.3. Indemnification. You agree to defend, indemnify and hold TagItScanIt, its Parent, Officers, Directors and Employees harmless from any claim or demand (including legal fees) made or incurred by any third party due to, or arising out of, your breach of this Agreement and/or your use of the Services.
8.4. Release of TagItScanIt. If you have a dispute with one or more Merchants, you release TagItScanIt (and our Officers, Directors, Agents, Joint Ventures and Employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
9.2. Trademarks/Copyrights. "TagItScanIt" and all related logos, products and services described on our Website are either Trademarks or Registered Trademarks of TagItScanIt or its Licensors. You may not copy, imitate or use them without prior written consent from TagItScanIt. In addition, all page headers, custom graphics, button icons, and scripts are Service Marks, Trademarks, and/or Trade Dress of TagItScanIt. All right, title and interest in and to the TagItScanIt Website and any content thereon is the exclusive property of TagItScanIt and its Licensors.
9.3. Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without prior written consent from TagItScanIt. TagItScanIt reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
9.4. Notices to You. You agree that TagItScanIt may provide notice to you by posting it on our Website, emailing it to the email address listed in your Account, or mailing it to the street address listed in your Account. Such notice shall be considered to be received by you within 24 hours of the time it is posted to our website or email to you unless we receive notice that the email was not delivered.
9.5. Notices to TagItScanIt. Notice to TagItScanIt must be sent by electronic mail to: info@TagItScanIt.com
9.6. Complete Agreement. This Agreement sets forth the entire understanding between you and TagItScanIt with respect to the Services. Sections 1, 2, and 5-9 will survive the termination of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.