Terms of Use

 

1. About us

1.1 Habitats (“Habitats”, “we”, “our”, “us”, “website”) is owned and operated by Habitats Online Ltd, registered in England and Wales with company number 11575773. If you wish to contact us by post, correspondence should be sent to:

Habitats Online Ltd

Somerset House,

37 Temple Street,

Birmingham,

B2 5DP

 

1.2 By using or accessing this website, you confirm your agreement to these Terms of Use. Your use of this website is at all times subject to these Terms of Use (which form a legally binding contract between Habitats and you) and all applicable laws. If you do not agree to these Terms of Use, do not use this website.

1.3 Habitats may revise these Terms of Use at any time by updating them, publishing them on the website and notifying you by email at the email address which you have provided to us. You should check the website from time to time to review the current Terms of Use.

1.4 Habitats is a portal for property sales and related services. It enables sellers and developers to advertise their properties for sale and provides a means for sellers and buyers to communicate with one another. Habitats are not estate agents and do not act as an estate agent.

1.5 We are members of The Property Redress Scheme (PRS), and subscribes to its Code of Practice and complaints procedure, details of which can be obtained on-line at https://www.theprs.co.uk/. From time to time we may contact you to seek your consent to using your details in any compliance or monitoring process. 

1.6 Advertisements on the website shall only be kept active for 12 months, after which they will be automatically deactivated. When a property is deactivated from our website after 12 months, you may reactive your advert for a further period of 12 months. Habitats may remove your property advert from its website at its sole discretion, at any time.

1.7 We make no guarantees as to the prominence, or performance of any advertisements that we publish.

1.8 We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time or to modify or discontinue our listings. You agree not to hold Habitats responsible for any loss you may incur as a result of us taking this action.

1.9 By uploading your advertisement to our website, your irrevocable consent that we communicate the details of your advertisement to our partners for security and commercial purposes.

 


2. Use of the website

You agree that in your use of this website:

2.1.1 Any information you provide on this website is accurate and reliable to the best of your knowledge (this includes all personal information, contact details and information related to property listings).

2.1.2 You will not use Habitats to distribute any illegal, obscene, or otherwise harmful material.

2.1.3 You will not cause any nuisance, annoyance, or inconvenience to Habitat’s customers or users of the website.

2.1.4 You will not use the website in any way that may relate to the distribution of multiple unsolicited emails.

2.1.5 You will not impersonate others or create false accounts or adverts on the website.

2.1.6 You will not use any software or any other means to harvest information from the website.

2.1.7 You agree that you are responsible for the security and use of any passwords and usernames to be used in accessing the website. You agree to take all reasonable steps to protect and keep secure those passwords and usernames. If you fail to do so you will be held responsible for any unauthorised use of your passwords and usernames and any damage or loss that may arise as a result.

2.1.8 You agree that you will not use the website or any facility provided by Habitats to send, receive, distribute, store, or otherwise deal with any material which is defamatory, offensive, illegal, obscene, subject to the intellectual property rights of others in breach of such rights, or breaches any duty of confidentiality by which you are bound.

2.1.9 You agree to indemnify Habitats against any costs, claims, expenses or legal proceedings that may be taken as a result of breach of any of the Terms of Use contained in the Terms. Further, Habitats may at any time withdraw any access privileges that you to the website of any other services or areas provide by them, if you are in contravention or any of the Terms of Use contained herein.



3. Access to our platform

3.1 We do not charge sellers to advertise on our website. We do not charge buyers to browse on our website.

3.2 We will provide access to you to publish an advertisement for the property on this website at no charge. You will also have access to printable brochures and posters for the property you advertise.

3.3. We shall keep the advertisement activity on our website until the property is sold or until you remove the advertisement. To ensure our properties are showcased across the internet as fast as possible, you agree that we may use an automated feed system to send details of properties you list on this website.

 3.4 We have provided links including Facebook and Twitter and pointers to websites maintained by third parties. Such linked websites are not under our control and we are not responsible for the contents (including the accuracy, legality or decency) of any linked website or any link contained in a linked website. We provide these links to you only as convenience, and the inclusion of any link does not imply endorsement.

3.5 You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the website for the reconstruction of any lost data.



4. Access to property portals

4.1 You will have the option to purchase subscriptions to publish an advertisement for the property on other property portals. The list of websites on which your property advertised is not contractual and may vary at any time.

4.2 You will have the option to select the duration for the subscription to publish an advertisement. By purchasing a subscription, you agree to auto-enrol for the property portal subscription.

4.3 You acknowledge that your use of property portals will be subject to the Terms and Conditions set out on the relevant property portals. You will have the option to cancel the subscription at any time in accordance with the Terms and Conditions of the property portals.

4.4 To ensure our properties are showcased across the internet as fast as possible, you agree that we may use an automated feed system to send details of properties you list on this website to our carefully selected property portals.

4.5 We do not guarantee that any property you list on this website will be displayed on property portals and we are not responsible for any technical problems relating to property portals.

4.6 To the maximum extent permitted by law, we (including our affiliates, officers, directors, agents and employees) will not be liable to you in contract, tort (including negligence) or otherwise for any liabilities, damages or losses (whether direct, indirect, consequential, special or otherwise) incurred or suffered by you or any third party in connection with the property portals, or in connection with the use, inability to use, or results of the use of property portals, any websites linked to them and any materials posted on them. We do not limit liability for fraudulent misrepresentation or death and personal injury arising from our negligence.

4.7 The only properties that we will distribute to property portals will be those advertised directly by sellers on the website.


5. Fees

We do not charge sellers to advertise on our website. There is no obligation to purchase any optional service to advertise on this website.

5.1 Some optional products and services are available for advertisers to purchase and will be subject to a charge. For each optional product you may purchase, you will pay us the applicable charge listed on this website (as amended from time to time) at the time of your order of the relevant services (plus any applicable taxes, including any value-added tax). Fees are payable in GB Pounds Sterling (£) using Stripe via this website at such frequency as listed on this website in respect of the relevant services. We may choose to temporarily change the fees for our services for promotional events or new Services and such changes are effective during the period set out on the relevant page of this website.

5.2 The merchant (the website) is responsible for the website transaction. The website takes payment under HTTPS protocol and is encrypted using the latest SSL technology, to guarantee all payments are totally secure. Credit card details are entered on a secured page and they are transferred using secure technology, SSL. The website uses third party systems to take payment, such third parties are all PCI-DDS compliant and guarantee the security of the payments made online.



6. Referrals

6.1 When selling a property, we provide referrals to mortgage advisers, movers and a panel of conveyancers.

6.2 We have entered into introducer agreements with My Home Move Limited, Mortgage Advice Bureau Limited and Compare My Move on a fixed fee/commission basis.

6.3 To the maximum extent permitted by law, we (including our affiliates, officers, directors, agents and employees) will not be liable to you in contract, tort (including negligence) or otherwise for any liabilities, damages or losses (whether direct, indirect, consequential, special or otherwise) incurred or suffered by you or any third party in connection with the referrals, or in connection with the services provided by the referrals. We do not limit liability for fraudulent misrepresentation or death and personal injury arising from our negligence.



7. Copyright

In respect of any posts, photographs/videos or documents submitted by you for advertisement, you confirm that you own full title to such details, documents and /or photographs and you agree to grant us an irrevocable perpetual copyright license to use those materials. In relation to property listings, note that you cannot use photographs from an estate or letting agent's particulars without their express permission - it is your responsibility to ensure you have copyright over any materials supplied to us for publication on your behalf and you agree to indemnify us. Photographs, images, descriptions and all other content published on this website are the copyright of Habitats Online Ltd and may NOT be copied from this website or reproduced in any other advertisement or marketing, without our written consent. You may not copy, reproduce, distribute, publish, create derivative works, store electronically, transmit or in any way exploit for commercial gains or otherwise, any content or posted information on the website. We do not permit the use of the logo by third parties without express permission or a license agreement.



8. Sale Boards

8.1 In addition to advertising a seller’s property online, we may erect a For Sale Board at the property to inform potential applicants of its availability.

8.2 We will provide this service to seller’s who purchase this service.

8.3 Where a board is erected at the sale property, the seller agrees to the following:

8.3.1 They will request removal of the Board if it is no longer wanted;

8.3.2 They will notify us immediately if it comes to their attention that any damage has occurred or is likely to occur as a result of a Board being placed; and

8.3.3 Habitats will not be liable for such damage (not excluding any lability that we or our subcontractors may have for board installed in a negligent manner).

 

9. Refunds

9.1 Since the services we offer are non-tangible and irrevocable, we cannot issue refunds after a listing or reference is commenced, except at our sole discretion. We are committed to our customers and will make our best efforts to help you if you are not fully satisfied when using our paid services. The EPC, floor plans, brochures, sale board and photography services are not refundable. You have 60 days from the purchase date to arrange an appointment with our representative. 

9.2 We reserve the right not to refund the Habitats Online Ltd users for any fees paid through the use of our websites, services, applications and tools in the following cases:

9.2.1 If you breach, in our opinion, these Terms of Use;

9.2.2 If your ads went live with exposure on the property portals, services, applications or tools, even for a limited time, and that they benefited from the service associated with the paid fee;

9.2.3 If your ads are placed into "edit" mode and will go live to website once updated by you;

9.2.4 If you have removed your ads yourself; and

9.2.5 If you post duplicate ads as defined in our rules regarding duplicate ads.

Please note that the above list is not exhaustive. 



10 Your Legal Obligations

 

10.1 Furniture and Furnishings (Fire Safety) Regulations 1988 (as amended):

You warrant that all furniture and furnishings in the property shall comply with the regulations above at all times.


10.2 The Electrical Equipment (Safety) Regulations 1994:

You warrant that all furniture and furnishings in the property shall comply with the regulations above at all times. You shall ensure that the electrical installation and all electrical appliances within the property are maintained in good order and regularly checked for safety by an appropriately registered engineer.


10.3 The Gas Safety (Installation & Use) Regulations 1998:

You warrant that all furniture and furnishings in the property shall comply with the above regulations at all times. You shall ensure that any gas appliances and gas supply into the property are maintained in good order and checked for safety at least every 12 months by a Gas Safe registered engineer.


10.4 Smoke and Carbon Monoxide Alarm (England) Regulations 2015:

You warrant that you have complied with the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 in respect of the property.


10.5 Energy Performance Certificate (EPC):

You warrant that there is a valid EPC in respect of the property or that you have requested in writing that Habitats obtain one on your behalf.



10.6 Local Authority Licences:

You warrant that you have obtained all licences, consents and permissions from the relevant local authority to enable you to sell the property including planning permissions, building regulations consents under The Housing Act 2004. Habitats shall not provide any Services in relation to a property where it discovers that you do not have the necessary licences, consents and/or permissions, or if you fail to provide evidence of such licences, consents and/or permissions when asked by Habitats. If we are made aware that you do not have the requisite licences, consents and/or permissions in respect of the property, we reserve the right to inform the relevant local authority and/or existing or potential buyers.



 

11. Data Protection

11.1 We are registered under the Data Protection Act 1998. Our registration and processing of your data are governed by our Privacy Policy.

Legal Disclaimer and Limitation of Liability

11.2 Except where provided elsewhere in these Terms of Use, to the maximum extent permitted by law, we (including our affiliates, officers, directors, agents, subcontractors and employees) will not be liable to you in contract, tort (including negligence) or otherwise for any liabilities, damages or losses (whether direct, indirect, consequential, special or otherwise) incurred or suffered by you or any third party in connection with this website, or in connection with the use, inability to use, or results of the use of this website, any websites linked to it and any materials posted on it.

11.3 Should you not agree with any part of these Terms of Use or have any dispute or claim against us or our suppliers with respect to these Terms of Use or the services provided on the Site, your sole and exclusive remedy will be to discontinue using the Services.

11.4 Notwithstanding the foregoing, nothing in this clause is intended to limit any statutory rights you may have as a consumer which may not be excluded, nor in any way to exclude or limit our liability to you for personal injury or death caused by our negligence.

11.5 We are not liable for any consequences or loss from your use of this website.

11.6 In no event do we accept liability of any description, for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

11.7 In no event do we accept liability of any description including liability for negligence for any damages whatsoever resulting from loss of use, data or profits arising out of, or in connection with, the viewing, use or performance of this website or its contents. The pages contained in this website may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept neither responsibility for keeping the information in these pages up to date, nor liability for any failure to do so.



12. Conditions of Posting

12.1 As a condition of your use of the website you agree that you will not:

12.1.1 post or transmit any unlawful, threatening, abusive, defamatory, obscene or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

12.1.2 post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights, or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder.

12.1.3 post or transmit any material of any kind which contains a virus or any other harmful component

12.1.4 The content on the property portals is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on their website.



13. Jurisdiction and Choice of Law

These Terms of Use are governed by English law and the parties submit to the exclusive jurisdiction of the English courts in relation to any dispute (contractual or otherwise) concerning these Terms of Use.



14. Indemnification

You agree to indemnify, defend and hold us and our affiliated companies, shareholders, officers, directors, employees, agents or suppliers harmless from any claims or demands, made by any third party due to, or arising out of, your use of the services, the violation of these Terms of Use by you, or the infringement by you of any intellectual property or other rights of any other person or entity.