Terms and Conditions of Use

Please find below our current website terms and conditions

1) Definitions

1.1 In these terms and conditions 'we', 'us' or 'our' refers to EstateAgentFeeds.com of 85 Great Portland Street, First Floor, London W1W 7LT, United Kingdom. While 'you', 'your', “you're”, 'user' or 'Customer' refers to any 3rd party, business, entity or the individual working for or on behalf of the business who is not either (1) employed by EstateAgentFeeds.com and acting in the course of their employment or (2) engaged as a consultant or otherwise providing services to EsateAgentFeeds.com.

1.2 The 'Website' or the 'Service' refers to the full scope of data feed management features offered by us that is made available to applicable Customers through https://estateagentfeeds.com as well as related domains and sub-domains.

1.3 The singular use of words such as 'Service' or 'Customer' shall include the plural and the visa versa.

2) Introduction

2.1 EstateAgentFeeds.com is an e-commerce website that provides property data consolidation, storage, data conversion and various incoming and outgoing automated data feed delivery services for estate agents, property managers, software companies, property portals and the property industry as a whole.

2.2 Once an individual or business entity registers for our Services, through the process of creating an account, the individual or business entity shall then be considered a "User." These terms and conditions shall govern your use of our Website as a registered User.

2.3 The User acknowledges and agrees that the Services provided and made available through our Website, may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of EstateAgentFeeds.com. At its discretion, we may offer additional website Services and/or products, or update, modify, suspend, remove or revise current content and Services, at which point these terms and conditions shall still apply unless otherwise stipulated. By using our Website you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our Website.

2.4 If you complete any electronic registration form in relation to the Service, click "submit", "pay now", "purchase subscription", "I accept", "confirm", "Login", "checkout" or "continue" buttons in relation to Services or features offered by our Website, or use any of our Website Services, you are expressly agreeing to these terms and conditions.

3) Permission to use the Service

3.1 You may view pages and use our Website Services via a web browser. This includes downloading pages, images, and other media files temporarily for the purposes of caching in a web browser. You may print Website pages for non-commercial use, providing such activity is not systematic or excessive.

3.2 You may only use our Website using the features and facilities made available to you as a registered Customer for the purposes of transferring, modifying, converting and publishing property data and or related content. You may only edit or access your content to the extent permitted using either the editing tools and functionality made available via your account dashboard or one of the remote data feed import or local export facilities.

3.3 Except as expressly permitted by these terms and conditions, you must not download, edit or otherwise modify any other material accessed through our Website.

3.4 Unless you own or through use of the Service control the relevant rights to the material, you must not:

  1. republish material from our Website (including republication on another website);
  2. sell, rent or sub-license material from our Website;
  3. show any material from our Website in public;
  4. exploit material from our Website for a commercial purpose; or
  5. redistribute material from our Website.

3.5 Notwithstanding Section 3.4, you may share our newsletter or other email marketing in print and electronic form to any person or business entity.

3.6 We reserve the right to suspend or restrict access to our Website, to areas of our Website and/or to functionality within our Wwebsite. We may, for example, temporarily suspend access to the Website during server maintenance or when we update the Website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the Website.

4) Misuse of our Website

4.1 You must not:

  1. use our Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability, accessibility, integrity, normal use or security of the Website;
  2. upload, post, email, import, transmit or otherwise make available any content deemed unlawful, harmful or invasive to others;
  3. upload, post email, import, transmit or otherwise make available any content that may infringe upon any patent, copyright, trademark or intellectual rights of any other party;
  4. try to game the portal services we are partnered with by using mechanisms or excessive submission spamming routines that artificially tries to gain advantage over competitors, or that could lead to our Website upload services being blocked or throttled due to irregular or unfair usage;
  5. impersonate any individual or business entity, or falsely stating or otherwise misrepresenting any affiliation with an individual or business entity.
  6. hack or otherwise tamper with our Website;
  7. probe, scan or test the vulnerability of our Website without our permission;
  8. circumvent any authentication or security systems or processes on or relating to our Website;
  9. use our Website to upload, post, email, import, transmit or otherwise make available any content which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  10. impose an unreasonably large load on our Website resources (including bandwidth, storage capacity, connection attempts and processing capacity);
  11. decrypt or decipher any communications sent by or to our Website without our permission;
  12. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website outside of features or facilities that may be made available to you as a registered Customer as part of the Service;
  13. access or otherwise interact with our Website that bypassing how the Service is advertised to be accessed by using any robot, spider, headless browser or other automated technology.
  14. use our Website except by means of interfaces provided to you as a registered Customer;

4.2 You must ensure that all the information you supply to us through our Website, or in relation to our Website such as when registering your company, is true, accurate, current, complete and non-misleading.

5) Use on behalf of another

5.1 If you use our Website or expressly agree to these terms and conditions on behalf of another individual or organisation, then by so doing you bind both:

  1. yourself; and
  2. the person, company or other legal entity that operates that business or organisation,

to these terms and conditions, and in these circumstances references to 'you', 'your', “you're”, 'user' or 'Customer'  in these terms and conditions are to both the individual user and the relevant person, company or legal entity.

6) Registration and accounts

6.1 To register and become a User of our Website, you must be a sole trader or a company that qualifies for an active account on at least 1 of the property portal services we work with, or a sole trader or company that advertises on behalf of real-estate agents. In addition, you must be able to or in the near future willing to advertise at least 1 property, be in good standing and not an individual or company that has been previously barred from receiving our Services under the laws and statutes of the United Kingdom or Wales or other applicable jurisdiction.

6.2 You may register your interest for an account with our website by completing and submitting the Company Registration form on our website, and then awaiting further communication from our support team. A review of your requirements will be conducted to establish account suitability before any account access may be provided.

7) Login and account security

7.1 On successful account registration you will be provided a random password - which you can later change - and account type designation. You shall be responsible and must maintain the secrecy and confidentiality of your password and for all activities that transpire on or within your account, including but not limited to, access credentials of any additional Users you create or API keys. It shall be your responsibility to notify us in writing immediately if you notice any unauthorised access or use of your account or password or any other breach of security. You may be held liable for any loss and/or damage arising from any failure to comply with this.

8) Account cancellation, suspension and limiting

8.1 We may without any prior written notice or explanation, immediately suspend, terminate, edit, discontinue and/or limit your account, and access to any part of our Website. Providing that if we cancel any Services you have paid for and you have not breached these terms and conditions, we will refund to you a pro-rata amount of your payment, such amount to be calculated by us using any reasonable methodology.

8.2 As a User of the Website, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to support@estateagentfeeds.com. You will not be entitled to any refund if you cancel your account in accordance with this Section 8.2 unless the circumstances of the account or Sservice cancellation is covered by a relevant clause within our Website Refund Policy.

8.3 We may from time to time temporarily limit access to your account or parts of the Service without prior written notice or explanation and the cause of this limitation of access shall include, but is not limited to by way of requests from law enforcement or any other governmental agencies,  unexpected or planned technical issues.

8.4 We may also suspend or cancel accounts that have expired and have seen an extended period of inactivity or we may suspend or cancel accounts flagged for the non-payment of any associated fees that may be owed by you in connection with the Service.

8.5 We reserves to right to store, maintain, and preserve user generated content (reviews, feedback) indefinitely. Suspension or termination of accounts will not result in deletion of user reviews or feedback. We reserves the right to continue storing and publishing reviews even after cancellation of Services.

9) Subscriptions

9.1 The main account subscription covers access to our dashboard, import API's, 1 or more default real-time portals and all primary features and benefits as described on our website, brochure or any mutually agreed order. To become a subscriber to our Services, you must pay the applicable main subscription fee after you have successfully registered for an account with our website. We will send you a confirmation of your completed order via email and through our dashboard. The agreement between us for the supply of Services shall come into force upon the issue of the order confirmation.

9.2 Subscriptions to optional add-on Services include our Bulk Export Feed facilities. These are purchased individually for a specific duration in addition to the main subscription and will only function if the main subscription remains active in accordance with these terms and conditions. An agreement between us to supply these add-on services shall come into force upon issue of an order confirmation. 

9.3 For the main account subscription you'll have the choice of different subscription lengths ranging from 1 to 12 months. Before placing your order you will have the opportunity to go back and amend the subscription length you wish to purchase as well as updating the card holder name and email address for the order.

9.4 For additional optional Services such as our Bulk Export Feeds, these come with a fixed subscription length which starts from 1 month and can be amended by contacting us before placing or renewing the order at: support@estateagentfeeds.com.

9.5 For as long as your account and main subscription remains active in accordance with these terms and conditions, the Service as well as any additional optional services will remain active for the duration of your purchased period which you are free to extend at any time either through your dashboard or by contacting our support. It's your responsibility to make use of the Service to the full extent that it is offered during that time period.

9.6 We may from time to time change or enhance the benefits associated with a subscription. Providing that, if in our reasonable opinion such a variation results in a substantial loss of value or functionality, you'll be given written notice of the variation at which point you shall have the right to cancel your subscription, and we will refund to you any amounts paid to us in respect of any period of subscription after the date of such cancellation. In the case of changes adding to the benefits or scope of features offered under your subscription, we reserve the right to increase the cost of your subscription. You'll be given written notice of the change and if you choose to continue using the Service, will be applied in time for your next subscription renewal date.

9.7 At the end of any period of subscription for which you have paid, and subject to the other provisions of these terms and conditions, your subscription will be automatically cancelled, unless you renew your subscription and pay the applicable subscription fees. While a subscription is no longer valid most of its features and benefits will be disabled. For example, you will no longer be able to add new properties to your account or export any additional Bulk Data Feeds if your main subscription has expired. We will retain your property data, users and all account information in accordance with our Privacy Policy in case you wish to delay renewal and re-activate your subscription at a later date.

10) Fees

10.1 The fees in respect to our website Services will be set out on our website, business brochures or within your account dashboard.

10.2 All amounts stated on our website, business brochure or account dashboard are stated exclusive of VAT.

10.3 To use our Service you must pay to us the fees in respect to our website Services in advance, in cleared funds, and in accordance with any instructions displayed within our website or agreed upon in writing.

10.4 We may vary fees from time to time by posting new fees on our website or brochure, but this will not affect fees for Services that have been previously paid.

10.5 If you dispute any payments made to us, you must contact us immediately and provide full details of your claim. Please see our Refund Policy for more information.

10.6 Payments authorised by us will usually leave payment description on your bank or financial statement similar to 'EAF 3 Month Subscription' or '1 Month Gumtree Feed'.

10.7 If you make an unjustified credit card, debit card or through your own actions cause your bank or card issuer to cancel a transaction that results in a charge-back then you will be liable to pay us, within 7 days following the date of our written request:

  1. an amount equal to the amount of the charge-back;
  2. all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
  3. all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 10.7 (including without limitation legal fees and debt collection fees),

and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 10.7.

10.8 If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of Services to you.

10.9 We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.

11) Our rights to use your content

11.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, video material, audio-visual material and documents) that you submit to us or our website collects for storage or publication on, processing by, or transmission via.

11.2 As a member of the site, you herein acknowledge, understand and agree that your content whether it is publicly or privately posted and/or imported/transmitted, is the expressed sole responsibility of the individual or services from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted, imported or otherwise made available by way of our Services, and as such, we do not guarantee the accuracy, integrity or quality of such content especially if our Service is converting values that were incorrect or missing to begin with. It is expressly understood that by use of our Services any errors or omissions and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through us remains your responsibility.

11.3 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to reproduce, store and publish your content on and in relation to this Website and any successor Website.

11.4 You grant to us the right to sub-license the rights licensed under Section 11.3.

11.5 You grant to us the right to bring an action for infringement of the rights licensed under Section 11.3.

11.6 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

11.7 You may edit your content to the extent permitted under your subscription using either the editing functionality made available via your account dashboard or where applicable, one of our remote data feed import facilities.

11.8 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

12) Rules about your content

12.1 You warrant and represent that your content will comply with these terms and conditions.

12.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

12.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

  1. be libellous or maliciously false;
  2. be obscene or indecent;
  3. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;
  4. infringe any right of confidence, right of privacy or right under data protection legislation;
  5. constitute negligent advice or contain any negligent statement;
  6. constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
  7. be in breach of racial or religious hatred or discrimination legislation;
  8. be in breach of any contractual obligation owed to any person;
  9. be untrue, false, inaccurate or misleading; or
  10. constitute spam.

13) Limited warranties

13.1 We do not warrant or represent:

  1. the completeness or accuracy of the information published on or via our Service;
  2. that the material on or published through our Service is up to date;
  3. that the Service will operate without fault; or
  4. that the website or any Service on the website will remain available.

13.2 We reserve the right to discontinue or alter any or all of our website Services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website Services, or if we stop publishing the website.

13.3 To the maximum extent permitted by applicable law and subject to Section 14.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our Website and the use of our Website.

14) Limitations and exclusions of liability

14.1 Nothing in these terms and conditions will:

  1. limit or exclude any liability for death or personal injury resulting from negligence;
  2. limit or exclude any liability for fraud or fraudulent misrepresentation;
  3. limit any liabilities in any way that is not permitted under applicable law; or
  4. exclude any liabilities that may not be excluded under applicable law.

14.2 The limitations and exclusions of liability set out in this Section 14 and elsewhere in these terms and conditions:

  1. are subject to Section 14.1; and
  2. govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

14.3 To the extent that our Website and the information and Services on our Website are provided free of charge, we will not be liable for any loss or damage of any nature.

14.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

14.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

14.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

14.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

15) Indemnity

15.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.

16) Breaches of these terms and conditions

16.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

  1. send you one or more formal warnings;
  2. temporarily suspend user access to our Website;
  3. permanently prohibit you from accessing our Website;
  4. block computers using your IP address from accessing our Website;
  5. contact any or all of your internet service providers and request that they block your access to our Website;
  6. commence legal action against you, whether for breach of contract or otherwise; and/or
  7. suspend or delete your account on our Website.

16.2 Where we suspend or prohibit or block your access to our Website or a part of our Website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account or administrative user).

17) Third party websites

17.1 Our Website includes hyperlinks to other websites owned and operated by third parties such as the property portals that publish your data. These links are provided purely as a convenience to you. We have no control over third party websites or how they decide to present your contents, and subject to Section 14.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

18) Trade marks

18.1 ESTATEAGENTFEEDS.COM, our logo and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

18.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.

19) Revisions to these terms

19.1 From time to time we may revise these terms and conditions so you are invited to review these terms periodically. Changes to these terms and conditions are effective from the publish date at the bottom of this document and In the case of substantial revisions, you will be notified at least (30) days in advance where you will have the opportunity to terminate the agreement. You are deemed to have accepted the revisions on your first use of the Service following the revised publication date.

20) Assignment

20.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

20.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

21) Severability

21.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

21.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

22) Third party rights

22.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

22.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

23) Entire agreement

23.1 Subject to Section 14.1, these terms and conditions, together with our Privacy and Refund Policy, shall constitute the entire agreement between you and us in relation to your use of our Website and shall supersede all previous agreements between you and us in relation to your use of our Website.

24) Law and jurisdiction

24.1 These terms and conditions shall be governed by and construed in accordance with English law.

24.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

25) Statutory and regulatory disclosures

25.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

26) Have a question and contacting us

Mailing address: Estate Agent Feeds, 85 Great Portland Street, First Floor, London W1W 7LT.

Our business hours are defined as 9:30 am – 5:30 pm GMT, Monday – Friday excluding public or bank holidays.

You can call us during business hours on: +44(0)20 3870 4550.

Email: support@estateagentfeeds.com

Proprietor: Mr Leon Harris

Publish date July 2021

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