Terms & Conditions
BACKGROUND:
This agreement applies as between you, the User of this Website and Alcium Software
Ltd., the owner(s) of this Website. Your agreement to comply with and be bound by
these terms and conditions is deemed to occur upon your first use of the Website.
If you do not agree to be bound by these terms and conditions, you should stop using
the Website immediately.
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1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
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Account
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means collectively the personal/identifying information and credentials used by
Users to access parts of the Website and to create Ads
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Ad
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means an advertisement posted on the Website by an Advertiser which shall provide
details of the commercial property / land and its availability, offered by the Advertiser
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Advertiser
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means a User that wishes to or has placed an Ad on the Website
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Content
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means any text, graphics, images, audio, video, software, data compilations and
any other form of information capable of being stored in a computer that appears
on or forms part of this Website
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Alcium Software Ltd
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means Alcium Software Ltd. of Alcium House, 6b Churchill Way, Chapeltown, Sheffield, S35 2PY.
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Service
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means collectively any online facilities, tools, services or information that Alcium
Software Ltd. makes available through the Website either now or in the future
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System
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means any online communications infrastructure that Alcium Software Ltd. makes available
through the Website either now or in the future. This includes, but is not limited
to, Ads, email addresses and online forms
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User / Users
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means any third party that accesses the Website and is not employed by Alcium Software
Ltd. and acting in the course of their employment
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Website
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means the website that you are currently using (cms.propertypilot.co.uk) and any
sub-domains of this site (e.g. subdomain.propertypilot.co.uk) unless expressly excluded
by their own terms and conditions
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2. Intellectual Property
- 2.1 Subject to the exceptions in Clause 3 of these Terms and Conditions,
all Content included on the Website, unless contained in Ads, including, but not
limited to, text, graphics, logos, icons, images, sound clips, video clips, data
compilations, page layout, underlying code and software is the property of Alcium
Software Ltd., or our affiliates. By continuing to use the Website you acknowledge
that such material is protected by applicable United Kingdom and International intellectual
property and other laws.
- 2.2 You may print, reproduce, copy, distribute, store or in any other fashion
re-use Content from the Website as specified in Clause 4 of these Terms and Conditions
and for personal or educational purposes only unless otherwise indicated on the
Website or unless given express written permission to do so by Alcium Software Ltd.
Specifically you agree that:
- 2.2.1 You will not systematically copy Content from the Website with a view
to creating or compiling any form of comprehensive collection, compilation, directory
or database unless given express written permission to do so by Alcium Software
Ltd.;
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3. Third Party Intellectual Property
- 3.1 The Intellectual Property Rights subsisting in the Content of Ads belong
to the Advertisers who placed those Ads unless it is expressly stated otherwise.
- 3.2 Where expressly indicated, certain Content and the Intellectual Property
Rights subsisting therein belongs to other parties.
- 3.3 The Content described in this Clause 3, unless expressly stated to be
so, is not covered by any permission granted by Clause 2 of these Terms and Conditions
to use Content from the Website. The exceptions in Clause 4 continue to apply.
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4. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of
the exceptions detailed in Chapter III of the Copyright Designs and Patents Act
1988 apply.
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5. Links to Other Websites
This Website may contain links to other websites. Unless expressly stated, these
sites are not under the control of Alcium Software Ltd. or that of our affiliates.
We assume no responsibility for the content of such Websites and disclaim liability
for any and all forms of loss or damage arising out of the use of them. The inclusion
of a link to another site on this Website does not imply any endorsement of the
sites themselves or of those in control of them.
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6. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the
home page of the site www.propertypilot.co.uk without prior permission. Deep linking
(i.e. links to specific pages within the site) requires the express permission of
Alcium Software Ltd. To find out more please contact us by email at info@alciumsoftware.com
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7. Advertising on the Website
- 7.1 When submitting an Ad to the Website you should do so in accordance with
the following rules:
- 7.1.1 you must not use obscene or vulgar language;
- 7.2.2 your Ad may not contain Content that is unlawful or otherwise objectionable
(including that which may be in breach of rules, regulations or legislation specific
to the item or service you are advertising). This includes, but is not limited to,
Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- 7.1.3 your Ad may not contain Content that is intended to promote or incite
violence;
- 7.1.4 your Ad should be honest and fair, should not make any unsubstantiated
or unsupportable claims, and should not make dishonest or unreasonable comparisons
with other Advertisers;
- 7.1.5 Ads must be made using the English language. Content in any other language
may be removed at our sole discretion;
- 7.1.6 your Ad may not infringe the intellectual property rights of any third
party including, but not limited to, copyright and trade marks;
- 7.1.7 the means by which you identify yourself must not violate these Terms
and Conditions or any applicable laws;
- 7.1.8 you must not impersonate other people or businesses;
- 7.1.9 you must not submit material that may contain viruses or any other
software or instructions that may damage or disrupt other software, computer hardware
or communications networks; and
- 7.1.10 you must not use our System for unauthorised mass-communication such
as “spam” or “junk mail”.
- 7.2 Alcium Software Ltd. does not screen or pre-approve any Ad submitted
to the website, however on notification from Users we may examine Ads and such Ads
may be edited and/or removed from the Website.
- 7.3 Alcium Software Ltd. may edit your Ad to comply with the provisions of
sub-Clause 7.1 without prior consultation. In cases of severe breaches of the provisions
of sub-Clause 7.1, your Ad may be removed and your Account may be suspended or terminated.
You will not be informed of the reasons for any such alterations or removals.
- 7.4 In order to post an Ad, you are required to submit certain personal details
and/or business details. By continuing to use this Website you represent and warrant
that:
- 7.4.1 any information you submit is accurate and truthful; and
- 7.4.2 you will keep this information accurate and up-to-date.
- 7.5 By posting an Ad you warrant and represent that you are the author of
that Ad or that you have acquired all of the appropriate rights and / or permissions
to submit it. Alcium Software Ltd. accepts no responsibility or liability for any
infringement of third party rights by such Ads or Content. Further, you waive all
moral rights in the Ad to be named as its author and grant Alcium Software Ltd.
a perpetual licence to modify the Content as necessary for its inclusion on the
Website.
- 7.6 Alcium Software Ltd. will not be liable in any way or under any circumstances
for any loss or damage that you may incur as a result of such Ads, nor for any errors
or omissions in Ads. Use of and reliance upon Ads is entirely at your own risk.
- 7.7 Nothing in these Terms and Conditions shall grant Alcium Software Ltd.
any rights in or to any trade marks or any other intellectual property rights contained
within your Ad or any part of it save for the right to display the same on the Website
as part of your Ad until you or Alcium Software Ltd. choose to remove that Ad.
- 7.8 Ads will not be displayed on the website once they have a status of “Expired”.
An Ad will become expired once the Ad has been on the system for a period on 90
days, without an update from the Advertiser confirming that the Ad is still current.
An “Expired” Ad can be reactivated by the Advertiser, by confirming that the commercial
property is still available.
- 7.9 You acknowledge that Alcium Software Ltd. may retain copies of any and
all communications, information, Content and Ads sent to us or submitted to the
Website.
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8. Termination and/or Suspension
In the event that any of the provisions of sub-Clause 7.1, above, are not followed,
Alcium Software Ltd. reserves the right to suspend or terminate your access to the
Service. Any Users banned in this way must not attempt to use the Website under
any other name or by using the access credentials of another User, with or without
the permission of that User.
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9. Transfer of Content to Third Parties
- 9.1 Where the User is authorised and contracted to upload property details
to EG Propertylink, they will be supplied with appropriate facilities within the
system to so do. Full instructions will be provided with the Registration Pack on
the operation of these facilities. Alcium Software Ltd. gives no representations
or warranties concerning the transfer to or acceptance of content by EG Propertylink.
Furthermore Alcium Software Ltd. gives no warranties concerning the operation of
EG Propertylinks website. Whilst Alcium Software Ltd. will apply reasonable endeavours
to facilitate the transfer of content to EG Propertylink it should be noted that
no contractual relationship exists between Alcium Software Ltd. and the User with
respect to the transfer of data to EG Propertylink, and this service may, at Alcium
Software Ltd’s absolute discretion, be withdrawn at anytime for any reason.
- 9.2 By posting an Ad you give authorisation for the content to be made available
to a collaborating Local Authority, Local Council, Local Enterprise Partnership,
Development Agency and the like. Alcium Software Ltd. will make this information
available via the appropriate Alcium Software Ltd’s system. The access to the content
by the third party will be based on the geographical location of the property as
specified under “Internet Town” by the Advertiser. Alcium Software Ltd. gives no
representations or warranties concerning the transfer to or acceptance of content
by a Local Authority / Agency. Whilst Alcium Software Ltd. will apply reasonable
endeavours to facilitate the transfer of content to the Local Authority / Agency
it should be noted that no contractual relationship exists between Alcium Software
Ltd. and the User with respect to the transfer of data to the Local Authority /
Agency, and this service may, at Alcium Software Ltd’s absolute discretion, be withdrawn
at anytime for any reason.
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10. Privacy
- 10.1 Use of the Website is also governed by our Privacy Policy which is incorporated
into these terms and conditions by this reference. To view the Privacy Policy, click here.
- 10.2 The Website places the following cookies onto your computer or device.
Full details of the cookies used by the Website and your legal rights with respect
to them are included in our Cookie Policy Privacy Policy
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11. Disclaimers
- 11.1 Alcium Software Ltd. makes no warranty or representation that the Website
will meet your requirements, that it will be of satisfactory quality, that it will
be fit for a particular purpose, that it will not infringe the rights of third parties,
that it will be compatible with all systems, or that it will be secure.
- 11.2 Save for the screening and approval of Ads, Alcium Software Ltd. has
neither control over, nor involvement in, any items or services advertised on the
Website and accepts no responsibility for any actions taken, or any items or services
provided, by any Advertisers.
- 11.3 Whilst every reasonable endeavour has been made to ensure that all information
provided on this Website will be accurate and up to date, Alcium Software Ltd. makes
no warranty or representation that this is the case. We make no guarantee of any
specific results from the use of our services.
- 11.4 No part of this Website is intended to constitute advice and the Content
of this Website should not be relied upon when making any decisions or taking any
action of any kind.
- 11.5 Alcium Software Ltd. makes no representation or warranty that any part
of this Website is suitable for use in commercial situations or that it constitutes
accurate data and / or advice on which business decisions can be based.
- 11.6 Whilst every effort has been made to ensure that all descriptions of
services available from Alcium Software Ltd. correspond to the actual services available,
Alcium Software Ltd. is not responsible for any variations from these descriptions.
- 11.7 Whilst Alcium Software Ltd. uses reasonable endeavours to ensure that
the Website is secure and free of errors, viruses and other malware, all Users are
advised to take responsibility for their own security, that of their personal details
and their computers.
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12. Availability of the Website and Modifications
- 12.1 The Service is provided “as is” and on an “as available” basis. We give
no warranty that the Service will be free of defects and / or faults. To the maximum
extent permitted by the law we provide no warranties (express or implied) of fitness
for a particular purpose, accuracy of information, compatibility and satisfactory
quality.
- 12.2 Alcium Software Ltd. accepts no liability for any disruption or non-availability
of the Website resulting from external causes including, but not limited to, ISP
equipment failure, host equipment failure, communications network failure, power
failure, natural events, acts of war or legal restrictions and censorship.
- 12.3 Alcium Software Ltd. reserves the right to alter, suspend or discontinue
any part (or the whole of) the Website including, but not limited to, the products
and/or services available. These Terms and Conditions shall continue to apply to
any modified version of the Website unless it is expressly stated otherwise
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13. Limitation of Liability
- 13.1 To the maximum extent permitted by law, Alcium Software Ltd. accepts
no liability for any direct or indirect loss or damage, foreseeable or otherwise,
including any indirect, consequential, special or exemplary damages arising from
the use of the Website or any information contained therein. Users should be aware
that they use the Website and its Content at their own risk.
- 13.2 Nothing in these terms and conditions excludes or restricts Alcium Software
Ltd’s liability for death or personal injury resulting from any negligence or fraud
on the part of Alcium Software Ltd.
- 13.3 Whilst every effort has been made to ensure that these terms and conditions
adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977,
in the event that any of these terms are found to be unlawful, invalid or otherwise
unenforceable, that term is to be deemed severed from these terms and conditions
and shall not affect the validity and enforceability of the remaining terms and
conditions. This term shall apply only within jurisdictions where a particular term
is illegal.
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14. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any
right or remedy contained herein, this shall not be construed as a waiver of that
right or remedy.
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15. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions
thereof, the provisions of these Terms and Conditions shall prevail unless it is
expressly stated otherwise.
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16. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party.
The agreement created by these Terms and Conditions is between you and Alcium Software
Ltd
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17. Communications
- 17.1 All notices / communications shall be given to us either by post to
our Premises (see address above) or by email to info@alciumsoftware.com. Such notice
will be deemed received 3 days after posting if sent by first class post, the day
of sending if the email is received in full on a business day and on the next business
day if the email is sent on a weekend or public holiday.
- 17.2 Alcium Software Ltd. may from time to time send you information about
our products and/or services. If you do not wish to receive such information, please
click on the “Unsubscribe’ link in any email which you receive from us
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18. Law and Jurisdiction
These terms and conditions and the relationship between you and Alcium Software
Ltd. shall be governed by and construed in accordance with the Law of England and
Wales and Alcium Software Ltd. and you agree to submit to the exclusive jurisdiction
of the Courts of England and Wales