We want you to get maximum benefit out our site, and naturally we do have some terms and conditions governing the usage of the site.
Terms & Conditions of Use
1. Acceptance of Terms & Conditions
Each time you visit or use this web site you agree to be bound fully by these Terms & Conditions of Use and any future amendments with or without notice. 'We', 'us', 'our' and 'Sellmyhouse.ie' refers to Blackbridge Enterprises Ltd the owner of this site.
2. Our Service(s).
Our web site and services are provided to you on and through our web site(s) on an "AS IS" basis. You agree that the owners of this web site(s) exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this web site and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibilty or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information. The services we offer are Promotional and Advertisting in nature solely. We are specifically not Estate Agents, Valuers or Auctioneers nor do we represent or seek to represent any party seller or buyer in any way.
3. Your Obligations
3.1 Age of Majority. - In order to use this web site, you may be required to register on this site, and you agree to provide truthful information when requested, and be of majority age.
3.2 Registration and Password: - You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.
3.3 Your Conduct: - You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("Content"), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our web site may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission. You explicitly agree, in using this web site or any service provided, that you shall not:
- (a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
- (b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
- (c) collect or harvest any data about other users;
- (d) provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
- (e) provide any Content that may give rise to our civil or criminal liability or which may consititue or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.
3.4. Submission of Content and/or Information to this Web Site. - By providing any Content or Information to our web site:
- (a) you warrant and represent that you are the legal owner of any properties which you post on this site or are acting on the specific written instructions of the legal owner;
- (b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this section;
- (c) you acknowledge and agree that as the Account Holder, you are solely responsible for ensuring that all content uploaded using your account (e.g. photos, text, media etc) does not infringe on the Intellectual Property or Copyright rights of any other party, and you agree to indemnify us fully in this regard;
- (d) you agree to grant to us a worldwide, royalty-free, perpetual, irrevocable, royalty free, sub licensable, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, syndicate, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed;
- (e) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any content you provide at any time and for any reason, with or without notice.
- (f) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to use any additional publicly available information (e.g. map co-ordinates, ownership information, advertiser information, social media etc) from whatever source to assist in the verification of your account and the promotion of your property.
- (g) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to email and/or text you from time to time with details about the services or information services (e.g. newsletters, property search results etc) you have selected, about properties and services related to those you have enquired about previously, or any other products or services which we believe may be of interest to you. You may unsubscribe from such emails at any stage.
3.5 Specific SELLERS & AGENTS Terms & Conditions - By creating or using a seller or agent account on our website sellmyhouse.ie you agree to abide by the following terms and conditions.
- (a) Factual - All property particulars you provide on this site are factual to the best of your knowledge and given in good faith.
- (b) Enquiries - As per Section 7 below of our Standard Terms & Conditions You accept and agree that we are in no way liable or responsible in any way shape or form for the content or intent of any communications sent to you via our websites by third parties either potential buyers, enquirers, sellers, agents or any other party. You accept and agree that our websites are merely a conduit for direct electronic communications between the parties; we are under absolutely no obligation to either validate the enquiries or to get involved in any way in the communication between the parties. You accept that it is your responsibility exclusively to satisfy yourself as to the bona fides of any enquirers.
- (c) No Direct Contact Details - Any enquiriers can contact you directly via the SEND ENQUIRY button on your property webpage and therefore any direct contact details including telephone numbers, email addresses or website address/links are STRICTLY NOT ALLOWED in the details you enter about your property. Any such contact details will be automatically removed and may lead to your account and properties being suspended or removed without notice.
3.6 Indemnification. - You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney's fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or service, your provision of Content, your violation of these Terms & Conditions of Use or any other violation of the rights of another person or party.
6. DISCLAIMER OF WARRANTIES: You understand and agree that your use of this web site and any services or content provided (the 'service') is made available and provided to you at your own risk. It is provided to you 'as is' and we expressly disclaim all warranties of any kind, implied or express, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty, implied or express, that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, of any quality, nor that any content is safe in any manner for download. As with any advertising service we cannot and do not guarantee specific results (e.g. views, enquiries etc) of any kind. Past performance is no guarantee of future results. You understand and agree that neither us nor any participant in the service provides professional advice of any kind and that use of such advice or any other information is solely at your own risk and without our liability of any kind.
7. LIMITATION OF LIABILITY: By using our service as either a Seller, Agent or Buyer, you expressly understand and agree that we shall not be liable in any way shape or form for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible loss (even if we have been advised of the possibility of such damages), resulting from or arising out of (i) the use of or the inability to use the service, (ii) the cost to obtain substitute goods and/or services resulting from any transaction entered into as a result of communications received through the service, (iii) unauthorized access to or alteration of your data transmissions, (iv) statements, actions, inaction or conduct of any third party via the service, or (v) any other matter relating to the service.
8. Severability: If any provision of this agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited
9. Reservation of Rights: We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.
10. Notification of Copyright Infringement: If you believe that your Intellectual Property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted at the following address: firstname.lastname@example.org
12. Refunds Policy : Our refund policy is simple, we do not offer refunds except where in our exclusive view there is an error or non performance on our part. We are specificially not responsible nor can we refund enquiry credits for tire kickers and/or spurious enquiries.
13. Intellectual Property Rights : We assert ownership and/or licensor rights over all intellectual property within our sites and their contents to include the website design, text, graphics, the selection and arrangement thereof and the software. No party ,without our express prior written authorisation, may modify, copy, republish, reproduce, distribute or create derivative works from our Intellectual Property including text, graphics, code and/or software.
14. Applicable Law: You agree that these terms & conditions, this website and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with laws of the Republic of Ireland.