1) INTRODUCTION
Welcome to RealEstateTalk website By continuing to browse, use and/or access this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and cookies policy govern RealEstate Talk Limited’s relationship with you in relation to this website and/or any of its apps, features, services, software.
www.RealEstateTalk.online (hereinafter referred to as the “Site”) and “RealEstateTalk” (herein after referred to as the “mobile app”) are provided to you by RealEstate Talk Limited, a private limited company, registered in the United Kingdom, bearing company number: 12834415, having its registered office at, Premier Business Centre 47-49 Park Royal Road London, NW10 7LQ.The Site and the mobile app along with all its features, services, software, hyperlinks, are owned, controlled, and managed exclusively by RealEstate Talk Limited
We provide digital marketplace for our members so that they can advertise properties online. “Our members” include individual landlords, property investors, individual property buyers, tenants, new homes developers and overseas property owners, property service providers such as mortgage advisors, solicitors, surveyors, removal, builders, architects etc. We are not an estate agency.
A reference to “you”, “your” and/or “yours” is a reference to the User of this Site and the mobile app including but not limited to registered and unregistered users.
A reference to “we”, “our”, “ours” and/or “us” is a reference to Real Estate Talk Limited.
2) TERMS OF USE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE AND/OR ANY OF ITS APPS, FEATURES, SERVICES, SOFTWARE EITHER THROUGH THE SITE OR INDEPENDENTLY AS THEY ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US.
3) WHAT’S IN THESE TERMS?
These terms tell you the rules for using our Site and any of the apps, services, features, software that you may use through this Site. The Terms of Use mentioned herein also govern the use of the mobile app independently.
In order to use our Site and/or our apps, services, features, software, therein, we need to obtain your express agreement to our Terms of Use (“Terms”). You agree to our Terms by registering, installing, accessing, or using our apps, services, features, software, and/or by accessing and using our Site.
These terms of use refer to the following additional terms, which also apply to your use of our site:
4) LICENCE TO USE
RealEstate Talk Limited grants the user a non-exclusive and non-transferable licence to use this Site and the mobile app only for such purposes as are defined in these terms and/or for such other purposes that RealEstate Talk Limited may expressly grant to the user.
The grant of licence allows you to
- view pages from our website in a web browser.
- download pages from our website for caching in a web browser.
- print pages from our website.
- stream audio and video files from our website
- use our website services by means of a web browser,
- subject to the other provisions of these terms and conditions.
Except as expressly permitted above or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
You may only use our website for your own personal and business purposes to the extent permitted under these terms and you must not use our website for any other purposes.
Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website. Unless you own or control the relevant rights in the material, you must not:
- republish material from our website (including republication on another website)
- sell, rent or sub-license material from our website
- show any material from our website in public
- exploit material from our website for a commercial purpose; or
- redistribute material from our website except as otherwise permitted or not prevented by us.
We reserve the right to restrict access to areas of our website, or whole of our website, at our discretion; you must not circumvent or bypass or attempt to circumvent or bypass to gain access.
5) LEGAL AND ACCEPTABLE USE
You must access and use the Site and the mobile app only for legal, authorized, and acceptable purposes. The Site and the mobile app are offered for use by persons only, whether natural or legal and not by robots.
RealEstate Talk Limited is not a company providing Estate Agency services and neither does the Site and the mobile app intend to identify itself as an Estate Agent. The Site and the mobile app are also not to be used as a platform for “Estate Agents” to promote and further their business interests.
You agree that you will not use (or assist others in using) the Site and the mobile app or the services provided by us through the mobile app in ways that:
- violate, misappropriate, or infringe the rights of RealEstateTalk, our users, or others,
including privacy, publicity, intellectual property, or other proprietary rights.
- are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal or otherwise inappropriate, including promoting violent crimes.
- involve publishing falsehoods, misrepresentations, or misleading statements.
- impersonate someone.
- involve sending illegal or impermissible communications, such as bulk messaging,
auto-messaging, and the like; or
- involve any non-personal use of our Services unless otherwise authorized by us.
- impose or contribute to imposing an unreasonable load on our infrastructure or
interfere with the proper working of RealEstateTalk
- copy, modify, or distribute any other person’s content without their consent
- bypass measures used to prevent or restrict access to RealEstateTalk
- use any tool that interferes with the normal functioning of RealEstateTalk, including, without limitation, browser plug-ins, extensions, or other software which are designed to supplement, remove, or otherwise change any of RealEstateTalk’s functionalities.
- transmit any material designed to interrupt, damage, destroy or limit the functionality of our Websites and/or Application(s)
- use any automated software to view our Websites and/or Application(s)without consent and to only access our Websites and/or Application(s) manually
- attempt to copy our data our reverse engineer our processes
6) YOUR OBLIGATIONS
You agree that you must not:
- use our Site and mobile app in any way or take any action that causes, or may cause, damage to the Site and the mobile app or cause impairment of the performance, availability or accessibility of the Site and the mobile app;
- use our Site and mobile app in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- use our Site and mobile app to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, and/or other malicious computer software;
- 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 Site and mobile app without our express written consent
- access or otherwise interact with our Site and mobile app using any robot, spider or other automated means.
- use data collected from our Site or mobile app for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and
direct mailing.
- You must ensure that all the information you supply to us through our Site or mobile app, or in relation to our Site or mobile app, is true, accurate, current, complete and non-misleading.
7) COPYRIGHT AND OTHER INTELLECTUAL PROPERTY
The Site and mobile app contains copyright material, trade names and marks and other
proprietary information, including, but not limited to, text, software, photos and graphics, and may in future include video, graphics, music and sound (‘Content’). The Content is protected by copyright law, registered, and unregistered trademarks, database rights and other intellectual property rights.
RealEstate Talk Limited owns the copyright, database right and other intellectual property rights in the selection, coordination, arrangement, and enhancement of such Content, as well as in the Content original to it. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, any of the Content, in whole or in part except as provided in these Terms of use.
You may download information from the Site or mobile app for your own personal use only.
Except as otherwise expressly permitted under copyright law, no copying, redistribution,
retransmission, publication, or commercial exploitation of downloaded material will be
permitted without our express permission or that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.
8) INFRINGEMENT
The Site and mobile app may contain information and/or intellectual property of Third Parties. You agree not to infringe the Intellectual Property of either this Site and the mobile app as well as that of any Third Party. You agree that you will not post any content and/or submit any information that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design and trademark
The Site and the mobile app may contain advertisements, information, symbols, images, audio and/or video representation from Third Parties which may be the exclusive Intellectual Property of the Third Party/Parties. You agree that you will not use, exploit and/or submit any information and advertisement which may infringe the intellectual property of the Third Parties.
Entitled parties, can report any advertisement and/or information submitted by you as an infringement on their rights, and submit a request for such advertisement and/or information to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by us without any prior notice to you.
9) DISCLAIMER AND LIMITATION OF LIABILITY FOR USE OF SITE
RealEstate Talk Limited does its best to ensure that all information on the Site is accurate. If you find any inaccurate information on the Site, please let us know by sending an email to support@realestatetalk.online and we will correct it if required following an internal review by RealEstate Talk Limited.
RealEstate Talk Limited gives no warranty or assurance about the content of the Site and mobile app. As the Site is under constant development its contents may be incorrect or out-ofdate and are subject to change without notice. While RealEstate Talk Limited makes every effort to ensure that the content of the Site and mobile app is accurate, RealEstate Talk Limited cannot and/or does not accept any liability for the accuracy of all content at any given point in time.
You agree that the contents on the Site are for general information and navigation purposes only. RealEstate Talk Limited takes no responsibility for any action, conduct or omission undertaken by you on the basis of any written, pictorial, audio and/or video representation on the Site. You agree that any reliance on any information provided on the Site, is on the basis of your own independent verification and satisfaction in relation to the accuracy of the information.
RealEstate Talk Limited makes every effort to ensure that its computer infrastructure is errorand virus-free but does not warrant that any material available for downloading from the Site will be free from infection, viruses and/ or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
The Site provides hypertext links to other sites operated by other people. Using such a link means you are leaving the Site. RealEstate Talk Limited takes no responsibility for, and gives no warranties, endorsements, guarantees or representations in respect of, linked sites. RealEstate Talk Limited is not responsible for the privacy practices, nor do we accept any liability in connection with the content of, such websites, including those of our group entities if any, which will in some cases have their own privacy policies tailored for the particular business practices in which they operate. Any concerns regarding any external link should be directed to its website administrator.
In addition to the above you and we both agree that nothing in these terms and conditions will:
- limit or exclude any liability for death or personal injury resulting from negligence
- limit or exclude any liability for fraud or fraudulent misrepresentation
- limit any liabilities in any way that is not permitted under applicable law, Or
- exclude any liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out here and elsewhere in these terms and
conditions are subject to the above and 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.
It is further agreed between you and us that
- To the extent that our site and the information and services on our site are provided free of charge, we will not be liable for any loss or damage of any nature.
- We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
- 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.
- We will not be liable to you in respect of any loss or corruption of any data, database or software.
- We will not be liable to you in respect of any special, indirect or consequential loss or damage.
- You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
RealEstate Talk Limited and its affiliates will not be liable to you in connection with this contract for any amount that exceeds
- the total fees paid or payable by you to RealEstate Talk Limited for the services during the term of this contract, if any, or
- GBP 1000.00
whichever is lower
User Responsibility/Advertisers Responsibility
The content on our site 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 on the basis of the content on our site. In particular, please note that we are not an estate agency. Some of our Websites provide a service where estate agents may market/advertise, and you may view property details ("Details"). The estate agents or any other business provider that post the Details are solely responsible for their accuracy and for fielding enquiries relating to those properties. We do not participate in any communications between you and estate agents nor in any part of a subsequent property transaction. We host the Details in good faith, but we have not verified them, and we make no representations, warranties or guarantees, whether express or implied about the Details. We are also not giving you any advice (investment, financial or otherwise) in respect of any content on our Websites or recommending or endorsing any properties, products, or content on our Websites.
All estate agents and business providers agree, warrants, and confirms that all adverts published on the platform are compliant with any regulatory Advertising Standards in the UK and that such adverts are well within the guidelines of the CAP Code and the ASA in the UK. All All-estate agents and business providers agrees to indemnify RealEstate talk for any loss occasioned or fine imposed as a direct result of any breaches of advertising standards by such agents and business provider”.
10) SITE LINKING
You may link your website to the home page of the Site provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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. RealEstate Talk Limited reserves the right on demand, as it in its discretion thinks fit, to direct you to remove any links to the Site from your website and you shall promptly comply with any such direction or any other lawful direction that we may give to you in relation to the placing of any such link on your website.
Our Site (or any part of its content) must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply with the privacy and data protection standards set out within these Terms of Use.
This Site contains links to websites operated by third parties. We have no control over their individual content. We give no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites. The links are for your convenience only. We do not recommend any products or services advertised on those websites. If you decide to access any third-party website linked from this Site, you do so at your own risk.
11) AVAILABILITY OF SITE
Our Site is available for browsing globally. However, the use of our Site and its services are directed only for people residing in the United Kingdom and the EU region. We do not represent that content available on or through our Site is appropriate for use in other locations. The Site is intended for the use of persons above the age of 18 only. By installing, downloading, and/or using the Site in any way or form, you consent and confirm that you are above the age of 18. If you are not above 18 years old, you must not use this site.
RealEstate Talk Limited is not responsible for any damages and/or losses incurred by you and neither does it guarantee the accuracy of the contents on the Site, in the course of your access to the Site from locations outside the UK and EU region.
Access to the Site through VPN and other such networks is not permitted and expressly
prohibited. RealEstate Talk Limited shall not be responsible for any damages and/or losses incurred by you for such access. Our Site is made available free of charge.
We do not guarantee that our Site, or any content on it, will always be available or be
uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We may also make changes to our site. We may update and change our site from time to time to reflect changes to our products, our users’ needs, and our business priorities. We will try to give you reasonable notice of any major changes.
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, and that they comply with them.
12) REGISTRATION DETAILS
The Site offers you the provision to register your interest for our Services. Upon registering your interest, you agree that the information supplied with your registration will be truthful, accurate and complete. You also agree that you will not attempt to register in the name of any other individual nor will you adopt any username which we deem to be offensive. All personal information supplied by you as part of the registration process will be protected in line with our Privacy Policy.
13) USE OF MOBILE APP
In addition to all the Terms contained within this agreement, you also agree to the specific terms in respect of the use of the mobile app
13.1) General
“RealEstateTalk”, the mobile app provides a platform for potential property buyers and sellers to connect directly with each other and transact directly without an estate agent. The mobile app aims to eliminate the use of middlemen to ensure direct transaction between buyers and sellers. Please note that neither RealEstate Talk Limited nor any of its affiliates provides or intends to provide any tax, legal and/or conveyancing services through the mobile app. You agree and confirm that any decision to either sell or buy a property is exclusively yours out of free will and independently of any coercion or otherwise from RealEstate Talk Limited. It is your duty to ensure that you comply with and adhere to all applicable laws in relation to any property transaction
The mobile app is available for download on Google Play Store and Apple App Store for free.
In order to use the mobile app, you consent to manually or automatically download and install updates to our mobile app. You also consent to receiving notifications, text messages and emails from us via the mobile app from time to time, as necessary to provide appropriate service to you.
13.2) Registration and Accounts
The mobile app is available for download by user’s resident in the United Kingdom and European Union region only. The mobile app is intended for the use of persons above the age of 18. By installing, downloading, and/or using the mobile app in any way or form, you consent and confirm that you are above the age of 18. If you are not above 18 years old, you must not use this mobile app
In order to access all services and features of the mobile app you are required to register an account with us. Unregistered users will only have access to the basic features of the mobile app. You may or may not register with us.
You may register for an account with the mobile by completing and submitting the account registration form on the mobile app and clicking on the verification link in the email that the mobile app will send to you. You agree that the information supplied with your registration will be truthful, accurate and complete. You also agree that you will not attempt to register in the name of any other individual nor will you adopt any username which we deem to be offensive. All personal information supplied by you as part of the registration process will be protected in line with our Privacy Policy.
You agree and confirm that you will not allow any other person to use your account to access the mobile app. You agree to indemnify RealEstate Talk Limited from all losses and claims that may arise out of unauthorised use of your account by any third party/parties.
You must notify us in writing immediately if you become aware of any unauthorised use of your account.
You must not use any other person’s account to access the mobile app unless you have that person’s express permission to do so.
User login details
If you register for an account with the mobile app, we will provide you with OR you will be asked to choose or create a user ID and password.
Your user ID must not be liable to mislead and must comply with the content rules set out under these terms and conditions. You must not use your account or user ID for or in connection with the impersonation of any person.
You must keep your password confidential. You must notify us in writing immediately if you become aware of any disclosure of your password.
You are responsible for any activity on the mobile app arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure. You are also able to log-in to your account, through your Google and/or Facebook Account. In the event you wish to use the mobile app through your Google and Facebook Account, you would not be required to create an account separately with us.
Cancellation and suspension of account
RealEstate Talk Limited reserves all rights to suspend, cancel and/or remove your account details at any time either following a breach of the conditions contained herein (explanation will be provided if action is taken on the account for breach of terms) or at its sole discretion without notice or explanation.
You may cancel your account by sending us an email at support@realestatetalk.online. Upon receipt of the email, we will strive to cancel your account within reasonable time, and you will receive an email confirmation of the same
13.3) Types of Content
There are three types of content that you will be able to access on the mobile app:
- content that you upload and provide (“Your Content”).
- content that members and/or third parties provide (“Member Content”); and
- content that the RealEstate Talk Limited provides (“Our Content”).
There is certain content we cannot allow on the mobile App. We want our users to be able express themselves as much as possible and post all relevant information on the mobile app
However, we impose strict restrictions on certain content which:
- contains language or imagery which could be deemed offensive or is likely to harass,upset, embarrass, alarm, or annoy any other person.
- is obscene, pornographic, violent, or otherwise may offend human dignity.
- is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred, or bigotry.
- encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which constitutes committing a criminal offence.
- is defamatory or libellous.
- involves the transmission of “junk” mail or “spam”.
- contains any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from RealEstate Talk Limited or otherwise;
- itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights).
RealEstate Talk Limited operates a zero-tolerance policy for this kind of content and such content will be removed from the mobile app without any notice to you and/or any third party
Your Content
In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
As Your Content is unique, you are responsible and liable for Your Content and will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
You may not display any personal contact or banking information on your individual profile page whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, whether via chat or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.
You warrant and represent that your content will comply with these terms and conditions.
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).
Your content, and the use of your content by us in accordance with these terms and conditions, must not:
- be libellous or maliciously false
- be obscene or indecent
- infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right
- infringe any right of confidence, right of privacy or right under data protection legislation
- constitute negligent advice or contain any negligent statement
- constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity
- be in contempt of any court, or in breach of any court order
- be in breach of racial or religious hatred or discrimination legislation
- be blasphemous
- be in breach of official secrets legislation
- be in breach of any contractual obligation owed to any person
- depict violence in an explicit, graphic or gratuitous manner
- be pornographic, lewd, suggestive or sexually explicit
- be untrue, false, inaccurate or misleading
- consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage
- be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory or
You further agree that Your Content may be viewed by other users and any person visiting, participating in or who is sent a link to the mobile app (e.g. individuals who receive a link to a user’s profile or shared content from other RealEstate Talk Limited Users). By uploading Your Content on RealEstate Talk Limited, you represent and warrant to us that you have all necessary rights and licences to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide licence to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future).
You grant to us the right to sub-license the rights licensed as above, and we may assign and/or sub-license the above licence to our affiliates and successors without any further approval by you.
You may edit your content to the extent permitted using the editing functionality made available on our website.
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.
Member Content
Other members of RealEstate Talk Limited will also share content via the mobile app. Member Content belongs to the user who posted the content and is stored on our servers and displayed via the mobile app at the direction of the user providing the Member Content.
You do not have any rights in relation to other users’ Member Content, and you may only use other RealEstate Talk Limited users’ personal information to the extent that your use of it matches RealEstate Talk Limited’s purpose of allowing people to engage with one another for the purpose of selling, buying and/or letting of properties. You may not use other users’ information for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users’ information.
You are encouraged to report any Member Content that is unwarranted or is likely to breach any of the content rules contained in these terms and conditions. You can report any content by either sending us an email at support@realestatetalk.online.
Our Content
Content that is neither Your Content nor Member Content belongs to RealEstate Talk Limited. Any text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on RealEstate Talk Limited are owned, controlled or licensed
by us and are protected by copyright, trademark and other intellectual property law rights. All right, title and interest in and to Our Content remains with us at all times.
We grant you a non-exclusive, limited, personal, non-transferable, revocable, licence to access and use Our Content, without the right to sublicense, under the following conditions:
- you shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the mobile app
- you shall not use our name in metatags, keywords and/or hidden text
- you shall not create derivative works from Our Content or commercially exploit Our Content, in whole or in part, in any way; and
- you shall use Our Content for lawful purposes only
- We reserve all other rights.
13.4) Advertisement and Messaging Services
The mobile app allows advertisement and messaging features which allows users to engage with each other for the purpose of engaging in property transactions.
The Advertisement feature is available only for registered users who have paid for the specific service. The messaging service is available to all registered users for free. Unregistered users cannot avail the messaging service.
Rules relating to Advertisement
You are allowed to post any advertisement that you feel would best describe your advertisement and/or upload everything that is relevant to the advertisement including but not limited to images, graphics, text, words, etc.
You agree to the following restrictions with respect to any advertisement that may be posted by you:
- It must not encourage or glorify smoking.
- It must not encourage or promote vandalism, anti-social behaviour or the defacing of public or private property isn’t allowed.
- It must not glorify or promote the use of illicit drugs, abuse of legal drugs, drug paraphernalia or products to beat drug tests.
- It must not contain content that may be considered culturally inappropriate in the geographical location where the Post will be displayed.
- It must not contain content that may promote hate, incite violence or intolerance, or advocate or discriminate against a protected group, whether based on race, colour, national origin, religion, disability, sex, sexual orientation, disability, age or another category are prohibited.
- It must not contain content that promotes practices that can result in the physical or mental harm of people or animals.
- Please remove any content related to political campaigns, elections, or political issues of public debate; that advocates for or against a politician or a political party; or that
personally attacks a political figure.
- It must not contain content that would depict or suggest cruelty towards people or animals.
- It must not be deceptive, false, or misleading content.
- It must not contain fake functionality such as “Play” buttons or login requests.
- It must not contain foul, vulgar, or obscene language or language containing profanity, including obfuscated text or inappropriate double meanings.
- It must not contain content, which is obscene, defamatory, libellous, illegal, invasive of another’s privacy.
- It must not contain any references to another brand or product to denigrate, compare or leverage the other brand or product to promote your product (for example, “better made than other product”). If you are communicating the compatibility of your product with other products in the caption, you must include the other brand or product in the later part of the caption with a qualifying statement like “compatible with.”
- It must not contain content that will be deemed as racist, discriminatory or suggests discrimination of any form or manner.
- Pictorial representations which glorify, suggest, insinuate and/or depict violence, alcohol, use of weapons, sexual content, nudity are strictly prohibited.
We observe a zero-tolerance policy for the above content and reserve the right to delete, prevent and/or block the posting of such advertisement.
You agree that you have all relevant permissions and/or licenses to upload content as part of your advertisement if you are not the actual owner of such content. You further agree that you will not upload any information and/or images of any property for which you do not have either the permission or the authority to do the same. You agree to indemnify RealEstate Talk Limited of all losses and claims that may arise from such unauthorised advertisements and that you may be held liable for any such losses that any party or third party may suffer or incur due to your actions and/or omissions.
You further agree that RealEstate Talk Limited does not guarantee the accuracy of the information in any advertisement and the onus is on you to undertake your own checks and independent verification to determine the accuracy of the information
You agree that all advertisement will be reviewed by RealEstate Talk Limited before the same is published on the mobile app.
Without limiting the generality of the foregoing, we reserve complete and full rights to review, amend, delete, edit, and/or block any advertisement without prior notice. We further reserve the right to report any advertisement that breaches these terms to the relevant authorities as well as cancel and/or block the user’s account permanently, responsible for such advertisement.
Rules relating to Messaging
The messaging service available on the mobile app is specifically for parties to engage in conversation which is relevant to the purpose and use of this mobile app.
You agree not to use the messaging service as an alternative to access SMS services. The mobile app is not a general-purpose chat application and does not provide SMS services and neither does it purport to be a social media platform.
You agree that you are solely responsible for any information that you may supply to any other user and/or third party via the messaging service. You further agree that any information received by you from any other user and/or third party and any act or omission done on the basis of such information is your sole responsibility and we are neither responsible or liable for any losses that you may incur or cause to incur to any other user and/or third party owing to the exchange of such information.
You are hereby informed that messages are not end-to-end encrypted and the technical support staff of RealEstate Talk Limited are able to view them. All data received through the messaging service are processed in accordance with our Privacy Policy.
We encourage our users to be aware of all general risks that are associated with cyber theft and security and further recommend users not to supply any personal banking details to any user and/or third party over the messaging service.
13.5) Fees & Payment
Using the mobile app is generally free, but we sometimes charge a fee for certain services. If the service you use incurs a fee, you’ll be able to review and accept terms that will be clearly disclosed at the time you intend to buy that service.
We use Stripe Payment Gateway to process all payments. We encourage users to check the terms of use and privacy policies of Stripe Payment Gateway before using the gateway as those terms and policies are not ours and we are not responsibly for the manner in which your data may be handled by Stripe Payment Gateway.
Our fees are quoted in Pounds Sterling, and we may change them from time to time. We’ll notify you of changes to our fee policy by posting such changes on our site and the mobile app. We reserve the right to change our fees without prior notice and explanation. However, we strive to ensure that our users are informed beforehand of any potential changes in the fee structure
If you buy any of our paid Services (“Premium Services”), you agree to pay us the applicable fees and taxes and to additional terms specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services.
You further agree that:
- Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
- We may store and continue billing your payment method (e.g. credit / debit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.
- If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date.
- We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
- You are responsible for paying our fees when they’re due. If you don’t, without prejudice to any other right or remedy we may be entitled to under these Terms of Use or by law, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.
- We do not have a refund policy in place currently.
13.6) Limitation of Liability on the Mobile App
You and we both agree that nothing in these terms and conditions will:
- limit or exclude any liability for death or personal injury resulting from negligence
- limit or exclude any liability for fraud or fraudulent misrepresentation
- limit any liabilities in any way that is not permitted under applicable law, Or
- exclude any liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out here and elsewhere in these terms and conditions are subject to the above and 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.
It is further agreed between you and us that
- To the extent that the information and services on the mobile app are provided free of charge, we will not be liable for any loss or damage of any nature.
- We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
- 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.
- We will not be liable to you in respect of any loss or corruption of any data, database or software.
- We will not be liable to you in respect of any special, indirect or consequential loss or damage.
- You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
RealEstate Talk Limited and its affiliates will not be liable to you in connection with this
contract for any amount that exceeds
- the total fees paid or payable by you to RealEstate Talk Limited for the services during the term of this contract, if any, or
- GBP 1000.00
whichever is lower.
14) GENERAL
These terms and conditions forms the whole agreement between you and us. You acknowledge that you have not entered into this Agreement in reliance upon any warranty or representation made by us or any other person and you waive any rights to damages/ rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in this Agreement.
If any provision or term of these Terms of use shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
We may make changes to these terms. We reserve the right to amend these terms from time to time to reflect changing legal requirements and/or our processing practices. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply atthat time.
15) ASSIGNMENT AND RIGHTS OF THIRD PARTIES
The owners of the Site and the mobile app may assign this agreement to any of its heirs, successors, assignees, and/or other entity/third party which it may so desire. Upon assignment such heir, successor, assignee and/or other entity will become a party to this agreement
The user of the Site and the mobile app cannot assign this agreement to any Third Party whatsoever
No one other than the parties to this agreement have any right to enforce this agreement and/or any of its terms separately
16)INDEMNIFICATION
If anyone brings a claim (“Third Party Claim”) against us related to your actions, information, or content on the Site or mobile app, you will, to the extent permitted by law, indemnify and hold the RealEstate Talk Limited harmless from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following:
- your access to or use of our Services, including information provided in connection therewith.
- your breach of our Terms or of applicable law.
- any misrepresentation made by you.
You will cooperate as fully as required by us in the defence or settlement of any Third-Party Claim.
17)TERMINATION
Both you and RealEstate Talk Limited may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access to our site and the mobile app and/or use the Services as provide by our site and the mobile app. The following shall survive termination:
- Our rights to use and disclose your feedback
- Other User’s rights to further re-share content and information you shared through the Services
- Sections 6, 7, 8, 9, 13.6 and 16 of this Contract
- Any amounts owed by either party prior to termination remain owed after termination.
- Any claim that RealEstate Talk Limited may have against you due to any losses, harm and/or damages suffered arising out of any act, conduct and/or omission on your part.
Termination will occur in any of the following ways:
- If your account remains dormant/inactive for three consecutive months, we shall deactivate and close your account. We shall send you a reminder, one month prior to the expiry of the third month of your account’s inactivity and/or dormancy.
- You explicitly send us an email asking us to close your account.
18) GOVERNING LAW AND JURISDICTION
Please note that these Terms, their subject matter, and their formation, are governed by English law. Parties to this agreement unequivocally agree that the courts of England and Wales will have exclusive jurisdiction for any disputes relating to and/or arising out of this Agreement. Parties agree to the exclusive jurisdiction of the courts of England and Wales.
If you have any questions or comments about our Terms of Use, please contact us at.
RealEstate Talk Limited
Premier Business Centre
47-49 Park Royal Road
London, NW10 7LQ
support@realestatetalk.online
