1.2 “Website” refers to Home Search Real Estate Advertising.
1.4 You may not use this Website and may not accept these Terms if; (a) you are not eighteen (18) years of age. Or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Website under the laws of the country in which you are a resident or from which you access or use the Website.
1.5 These Terms are effective between you and us as of the date you accept these Terms, and you do so by default through the use of the Website.
2. USE LICENSE & RESTRICTIONS
2.1 Permission is granted to temporarily download copies of the materials (information or software) on the Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:
modify or copy the materials;
use the materials for any commercial purpose or any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on the Website;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or “mirror” the materials on any other server.
2.2 In accessing or using our Website, you irrevocably agree and undertake to ensure that you will not:
use any automated device, software process, or means to access, retrieve, scrape, or index our Website or any content on our Website;
use any device, software, process, or means to interfere or attempt to interfere with the proper working on our Website;
undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion, to be unreasonable or disproportionate Website usage;
use or index any content or data on our Website for purposes of:
constructing or populating a searchable database of properties,
building a database of property information; or
competing with us in any manner that we have not specifically authorized;
transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial or not;
use our Website or any content from our Website in any manner which we in our sole discretion determine as not reasonable and/or not for the purpose which it is made available;
violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
pose as any person or entity or attempt to solicit money, passwords, or personal information from any person;
act in violation of any such terms or other condition posed by us or any applicable law;
reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptation of, publicly display, sell, trade, or in any way exploit our Website or any content on our Website, except as expressly authorized by us; or
transmit or attempt to transmit any computer viruses, worms, defects, or other items in a destructive manner.
2.3 We reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to our use of the Website, including but not limited to instituting technological barriers or reporting your conduct to any person or entity.
2.4 This license shall automatically terminate if you violate any of these restrictions and may be terminated by us. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.
3. YOUR RESPONSIBILITIES
3.1 We are not an estate agency. We provide a service whereby agents may market, and you may view property details (“Details”) together with other content hosted and developed by us. Agents and third parties are responsible for preparing the Details and fielding inquiries directly from you. We do not get involved in any communications between you and agents, and we do not participate in any part of the transaction.
3.2 Details are hosted by us in good faith but are produced directly by agents and/or third parties and have not been verified by us. You are responsible for making your inquiries, and we provide no guarantee and accept no responsibility for the accuracy or completeness of any information contained within the Details.
3.3 You are responsible for checking, confirming, and satisfying yourself as to any details’ accuracy.
3.4 You are responsible for instructing a surveyor and/or obtaining legal advice before committing to any purchase.
3.5 You are responsible for ensuring that you act in good faith towards any other parties.
4.1 In no event will we be liable for any damages (including, without limitation, damages for loss of data or profit or due to business interruption) arising out of the use or inability to use the materials on the Website, even if one of our authorized representatives has been notified orally or in writing of the possibility of such damage.
4.2 We will not be liable for any loss or damage arising under or in connection with:
any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control;
any loss of your password or account if caused by a breakdown, error, loss of power, or otherwise caused by or to your computer system and/or your account;
the use of, or inability to use our Website;
the reliance on any content or information displayed on our Website;
any direct, consequential, special, or punitive loss, damage, costs, and expenses;
loss of profit;
loss of business;
loss of reputation;
depletion of goodwill; or
loss of, damage to, or corruption of data.
4.3 Unless we otherwise expressly agree in writing, you agree not to use our Website for commercial or business purposes.
4.4 We will not be liable for any loss or damage caused by a virus, distributed denial of service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our Website or to your downloading of any content on it, or any website linked to it.
4.5 If you enquire about a property on this Website, you acknowledge and agree that your details will be sent by email directly to the agent, estate agent, landlord, or developer marketing the property or properties you are enquiring about. We do not accept any liability for any subsequent communications you receive directly from that estate agent, landlord, developer, and/or any third party.
5. REVISIONS AND ERRATA
The materials appearing on the Website could include technical, typographical, or photographic errors. We do not warrant that any of the materials on its Website are accurate, complete, or current. We may make changes to the materials contained on the Website without notice.
6. AVAILABILITY OF WEBSITE
We strive to ensure that our Website and the services are available to you at all times but cannot guarantee that either the Website or the services will operate continuously, without interruptions, or be fault-free. On occasion, necessary maintenance or upgrade work requires us to make the Website and the Services unavailable without notice, but we aim to keep downtime minimum. We accept no liability for any interruption or loss of service. We reserve the absolute right to alter, suspend or discontinue any part of our Website or the services, including your access to it.
7. LINKS & THIRD PARTIES
Our Website may contain links, hyperlinks, and pointers to third-party products, services, and/or websites not affiliated with Us. We have no control over these third parties’ products, services, or websites, and We do not guarantee or take responsibility for them. Our Website may also contain advertising from third parties. We are not responsible, nor do we make any warranties or representations for misleading or inaccurate advertisements, which are the advertiser’s sole responsibility.
Any links or advertisements on our Website should not be taken as an endorsement by us. Furthermore, our Website contains data provided by third parties, and we accept no responsibility, nor do we make any warranties or representations for any inaccuracies in this material. You agree to release us from any claims or disputes arising from or connected to such disputes with third parties.
By using the Website, you grant us an irrevocable, worldwide, royalty-free license to commercialize, copy, license to other persons, use and adapt for any purpose any material you generate or submit to make use of the Website.
We do not warrant that the content, links, or sub-domains contained on or associated with our Website will be available and accessible to you at all times. Information on our publications, posts, inserts, and content should not be regarded as a substitute for professional legal, financial, or real estate advice.
9.2 We may, without liability to you, remove, alter, or disable access to any or all of your Contributions in our sole discretion without prior notice to you. Without limiting the previous sentence, we may remove or disable access to any or all of your Contributions if we consider that:
those Contributions are in breach of any law or regulation;
those Contributions infringe the intellectual property rights of any third party;
it is required to do so by a regulatory body or any relevant authority according to an interim or final take-down notice;
misleading or deceptive;
inappropriate having regard to the purpose of our Website;
likely to offend;
otherwise unlawful and/or against the customs or norms of the region in which this Website is referred to; or
corrupted due to the presence of a virus or other disabling code.
9.3 To the extent that any Contributions are proprietary, you grant us a worldwide, non-exclusive, royalty-free, perpetual, transferable, and irrevocable license to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display and publicly perform your Contributions throughout the world in any medium, whether currently in existence or not.
9.4 You also grant each user of our Website the right to use your name or the name you submit with the Contribution and the right to represent and warrant that:
you own and control all of the rights to the Contributions; or
you have the lawful right to use and authorize us to display the Contributions, including all necessary licenses, rights, consents, and permissions.
9.5 For any Contributions that you may retain moral rights in, you declare that:
you do not require that any personally identifying information be used in connection with the Contribution, or any derivative work, upgrade or update of the Contribution; and
You understand that when accessing our Website, you may be exposed to the Contributions of other website users. You acknowledge and agree that we do not have control of and are not responsible, nor do we warrant the veracity of these other Contributions.
9.6 You represent and warrant that:
you have the lawful right, including all necessary licenses, rights, consents, and permissions, to use and authorize us to display your Contributions;
you will not make any Contributions that infringe the intellectual property rights of any third party, and you agree to pay all royalties, fees, or other monies payable because of any Contributions made by you; and
you will not make any Contributions that:
are materially incorrect;
are likely to offend;
directly or indirectly involve the advertising or marketing of any products or services;
are obscene, including pornographic, hateful, racially or ethnically offensive material;
are otherwise unlawful or encourage unlawful conduct; or
are otherwise inappropriate having regard to the purpose of our Website.
10. INTELLECTUAL PROPERTY
10.1 Unless otherwise expressly stated, all contents of the Website are copyrights, trademarks, trade dress, or other intellectual property owned, controlled, or licensed by us, or one of our affiliates, or by third parties who have licensed their materials to us and are protected by the applicable laws.
10.2 We, together with our suppliers and licensors, expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content, and other materials, which appear on this Website. Access to this Website does not confer and shall not be considered conferring upon anyone any license under any of our or any third party’s intellectual property rights. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or re-post anything on this Website.
10.3 Our names, logos, related product and service names, design marks, and slogans are our licensors’ trademarks or service marks. No trademark or service mark license is granted in connection with the materials contained on this Website.
10.4 Access to this Website does not authorize anyone to use any name, logo, or mark.
11. ELECTRONIC COMMUNICATIONS
11.1 When you use the Website or send emails to us, you communicate with us electronically. You consent to receive electronically any communications related to your use of this Website. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide on the Website for your account.
12.1 You agree to indemnify and hold us and our affiliates (and our officers, agents, partners, and employees) against any loss, liability, claim or demand, including reasonable attorney’s fees, arising out of, or in connection with your use of and access to our Website or making Contributions not in accordance with the Terms.
The materials on our Website are provided on an “as is” and “as available” basis, and we make no warranties, expressed or implied, and hereby disclaim and negate all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, we do not warrant or make any representation concerning the accuracy, likely results, or reliability of the use of the materials on the Website or otherwise relating to such materials or on any site linked to this Website.
14. MONITORING AND RECORDING TELEPHONE CALLS
Real estate broker and developer clients who have subscribed to our call tracking service have elected to have their call enquires generated through the Website. Such calls may be tracked and recorded for training and customer service assessment purposes. You consent in advance to any such recording. We will remind you of our recording before each phone conversation.
15. GOVERNING LAW
15.2 If any term of the Agreement is or may become invalid or unenforceable at law, the validity and enforceability of the remainder will not be affected.
16. CONTACT US
16.1 Home Search Real Estate Advertising subscribers are licensed real estate brokers, developers, and hotel apartment providers. Our advertisers are contractually obligated to only list properties available for sale or lease with the proper authority from the owner and all other required governing bodies. Properties listed on Home Search Real Estate Advertising should be a fair and accurate portrayal of the property and the proposed transaction. To report any suspected fraudulent or misleading property postings on our site, please send us an email with the details to us