These Terms of Use and Supply of Services for Other Users (the “Terms”) relate to users (a “User” or “you”) of www.the-viewing.com (the “Site”), including registered users (other than Vendors – see the paragraph below) who access details of a property or properties advertised on the Site and casual browsers of the Site.
If you are using the Site to submit details of your property or properties for advertisement on the Site, these Terms do not apply to you. Instead, your use of the Site is subject to our Terms of Use for Vendors. These can be found here.
1 Introduction
1.1 Our Site is made available to you and our services provided to you by us in accordance with these Terms.
1.2 You must read these Terms carefully as they form a legal contract between you and The Viewing Real Estate Limited (“Us”) and contain important details about your legal rights and obligations. We recommend that you print a copy of these Terms for future reference. If there is any part of these Terms that you do not understand please ask us for clarification.
1.3 When you use this Site you agree to be bound by these Terms and our Privacy and Cookies Policy. If you do not agree to be bound by these Terms and our Privacy and Cookies Policy, you should not use our Site.
1.4 From time to time we may need to make changes to these Terms. Any changes will be published on our Site and will from that point apply to these Terms as if they were part of the original Terms. Those revised terms will apply to you and Us in place of the previous Terms.
1.5 Nothing in these Terms will affect your statutory rights.
2 Information about us
2.1 www.the-viewing.com is a site operated by The Viewing Real Estate Limited, a company registered in England and Wales. Our company registration number is 09926451 and our registered office is at 3rd Floor, 86-90 Paul Street, London EC2A 4NE. Our registered VAT number is 235 4686 89. For more information about us, please see our “About Us” page.
2.2 You can contact us by writing to us at help@the-viewing.com or Client Services, 3rd Floor, 86-90 Paul Street, London EC2A 4NE
2.3 www.the-viewing.com is not an estate agency. We provide marketing services to vendors of properties and put them touch with prospective buyers. Further interaction following that initial contact is between vendors and prospective buyers and we will not be involved.
3 Accessing our site
3.1 You are responsible for making all arrangements necessary for you to have access to our Site.
3.2 You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other applicable terms and conditions from time to time, and that they comply with them.
3.3 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only and we neither make any representations or warranties about nor accept any liability for the content of any such sites. We have no control over the contents of those sites or resources.
3.4 We only use your personal data in accordance with our Privacy and Cookies Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Site, and giving your consent when required, you agree to such processing and you warrant that all data provided by you is accurate. We will only give your personal data to third parties where the law either requires or allows us to do so or where doing so is in accordance with our Privacy Policy.
4 Your account and password
4.1 You may browse this Site without registering but must register to receive further details of properties and to be put in contact with Vendors. In completing the registration process you must provide true and accurate information and you must not impersonate any other person or entity or use a false name or a name that you are not authorised to use.
4.2 We reserve the right to refuse your application for registration on our Site at our sole discretion and without any requirement on our part to give a reason.
4.3 To access your stored data on our Site, you will need to input your account and password details. You are responsible for keeping those details confidential. If you have concerns about your account details or password know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at help@the-viewing.com.
4.4 By registering as a User you agree to us sending you email correspondence that may feature new products or services offered by us and our affiliates unless you tell us that you do not want to receive this information.
5 Content and images
5.1 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.
5.2 You may download material from this Site for the sole purpose of using this Site. However, you must not copy, transmit, frame, pass-off, modify republish or store any material or information on or downloaded from this Site without our prior written consent.
5.3 You must not use any part of the content on our Site for commercial purposes without obtaining our permission in writing in advance.
5.4 We are not an estate agency. The details of the properties available on this Site are based upon information provided to us by the Vendor. We do not verify this information and therefore make no warranties or representations as to their accuracy or completeness. Any measurements, plot sizes and descriptions are indicative only and you should not rely upon them. If you do decide to rely on these details, you do so entirely at your own risk. We recommend that you check all property details with the Vendor and with your professional advisors before making any decisions or taking any action in regards to a property advertised on our Site.
5.5 In accordance with the Misrepresentation Act 1967 and the Property Mis-Description Act 2001, whilst property details have been prepared in good faith, they are not intended to constitute part of an offer or contract.
6 Your responsibilities in relation to our site
6.1 We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.
6.2 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 or, if you are not accessing our Site from within the UK the comparable legislation in the relevant jurisdictions. 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 to the extent permitted by law. In the event of such a breach, your right to use our Site will cease immediately.
6.3 You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link to our Site on any website or social media channel that is not owned or operated by you and 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.
6.4 You must ensure that you do not submit any offensive, inappropriate or unlawful content to our site.
6.5 We reserve the right to withdraw linking permission without notice.
6.6 If you wish to make any use of content on our Site other than that set out above, please contact us at help@the-viewing.com.
6.7 You will indemnify us for any cost, loss or damage we suffer or any liability we owe to, or is claimed against us, by any person as a result of you failing to comply with these Terms, giving us false information or making any false or misleading representation or warranty whether in these Terms or otherwise.
7 Our responsibility for loss or damage suffered by you
7.1 Nothing in these Terms excludes or limits our liability in case of fraud, fraudulent misrepresentation or gross negligence, for death or personal injury arising from our negligence, or any other liability that cannot be excluded or limited by English law.
7.2 Subject to Clause 7.1, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with:
(a) use of, or inability to use, our Site; and
(b) use of, or reliance on, any content or information displayed on our Site.
7.3 Subject to Clauses 7.1 and 7.2, if you are a business we shall not be liable to you for:
(a) any indirect, consequential, special or punitive loss, damage, costs and expenses;
(b) loss of profit;
(c) loss of business;
(d) loss of reputation;
(e) depletion of goodwill; or
(f) loss of, damage to or corruption of data.
7.4 When you use the “contact us” feature of the Site to enquire about a property or if you become a registered user of our Site, we will ask for your consent to pass your details (including your email address) to be sent by email directly to the Vendor. Once we have sent this information we do not accept any liability for any subsequent communications that you receive directly from the Vendor or any further contact that you have with the Vendor.
7.5 We accept no liability for any consequences of your dealings with other users of the Site, including but not limited to any loss, damage or harm to person or property caused by other users of the Site with whom you share information, irrespective of how, where or in what form this occurs.
8 Complaints about our service
8.1 If you have a complaint about any aspect of our service you should contact us at help@the-viewing.com. We will aim to respond to your complaint as soon as possible after we have received it.
9 Other important terms
9.1 We may transfer our rights and obligations under these terms to another organisation. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
9.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
9.3 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
9.4 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
9.5 The terms are governed by English law. Both you and us agree that any proceedings brought under these Terms will be subject to the non-exclusive jurisdiction of the English courts.
9.6 Any changes we make to these Terms in future will be posted on this page. These Terms were last updated on 24th May 2016.
