You are advised to read these terms and conditions carefully, as they contain information about your rights and obligations when using the services of fixedpriceonline (the website).

INTRODUCTION

1.1 Fixed Price Online is a private company with membership to the Ombudsman for Estate Agents Scheme and registered with the National Association of Estate Agents. Our registered address is 19 Union Street, Greenock, Scotland, PA16 8DD.

1.2 Should you decide to use this website, you are agreeing to be bound by the terms and conditions. If you do not agree to be bound by these terms and conditions, you have no right to use this site and must not use this site.

1.3 These terms and conditions are deemed to include our company’s privacy policy and are collectively known as (these terms).

1.4 Particular attention is drawn to the display of marketing property under the rules of the Property Misrepresentations Act 1991.

1.5 You must not upload information on to this website and display property unless you have obtained a Home Inspection Plan – HIP (England)
or Home Report (Scotland).

1.6 Certain uses of this website are prohibited and any attempt to display unsuitable information will be deemed as a misuse of our system and of the website, such information will be removed by us. If information is believed to be unlawful, it will be referred to the appropriate authorities.

1.7 You may wish to print and keep a copy of these Terms of Business for your own records. They are a legal agreement between us and can only be modified with our consent. These terms and conditions can be changed at our discretion and any such changes will appear on our website. The then current updated terms and conditions will apply, whenever you use this site.

INTELLECTUAL PROPERTY

2.1 The copyright and all other intellectual property rights in this site (including all trademarks, service marks, trading names, database information, graphics, texts, codes, links and files) belong to fixedpriceonline. You must not transmit, re-publish, modify, store (in whole or in part) any information, material or link or download from this site without our company’s written consent.

2.2 Fixedpriceonline is our company’s registered trademark. You may not use or copy this mark without our prior written consent.

2.3 The information and description of houses provided by you or your agent are presumed to be correct. We cannot verify these details and therefore make no warranties or representations as to their accuracy or completeness. Should you, your agent or any third party rely on these details, then you do so at your own risk.

2.4 This site will contain links to websites operated by third parties. We have no control over the content within third party websites. We therefore make no warranties or representations as to the accuracy or completeness of any of the information appearing in any such sites. The links are provided for easy access and convenience. We are not recommending any of the products or services advertised. Should you decide to act upon information or advice received from these websites, you do so at your own risk.

CONDUCT OF BUSINESS

3.1 You must not, at any time, misuse our business systems or this website.

3.2 You are accepting the responsibility for ensuring that your computer system meets all technical specifications required to use this site and that your computer system is compatible and has no virus that would affect the site.

3.3 You must not, at any time, attempt to install any unauthorised programmes or access the site in any abnormal manner. You are not permitted to install animations or import any information that would be regarded as improper.

3.4 You are strictly unauthorised to include links from this site to any other website. Under no circumstances can you install a link to any other website without our prior written consent.

3.5 You must not download or transfer information from this site to any other website for commercial purposes. The information appearing on this site is for the sole use of fixedpriceonline.

REGISTRATION

4.1 You undertake that all information provided by you or your agent is accurate and complete.

4.2 Applications for registration will be confirmed by us sending you an email containing your account reference number. We reserve the right to refuse your application for registration, without providing a detailed explanation.

4.3 The security of your account registration number is your responsibility. You will notify us immediately of any unauthorised use which may give cause for concern or breach the security of this site.

4.4 Should, for any reason, we decide not to conduct business with your chosen agent, you will be notified by email and given an opportunity to consider your options.

WARRANTY

5.1 We make no guarantee that the site or information available from it complies with laws other than those of Scotland or England.

5.2 Whilst we take precautions to ensure that material available for display and downloading from this site is not contaminated in any way, we cannot guarantee or provide any warrant that such material will be free from virus or infection.

5.3 As this is an internet-based software system, we do not warrant that any access or running of the site will be uninterrupted or error free.

5.4 We shall not accept liability for being unable to post your details due to circumstances beyond reasonable control.

5.5 Whilst we endeavour to ensure that the information on the site is accurate, such information provided on the site is for general interest only. We cannot guarantee that it is complete or up to date and we make no warranties or representations that this is the case.

LIABILITY

6.1 We will not be liable for any faults or failures arising due to software or internet errors, or any other circumstances which are deemed to be beyond reasonable control. We do not accept liability for loss of information, or registration passwords caused by computer breakdown, error, loss or surge of power, or other unforeseen circumstances caused by our systems or to your computer systems.

6.2 You are not permitted to use your own automated programmes or any such automated programmes that may affect our systems. We will install our own firewalls and devices to protect our systems and we will not accept liability to you or any of your associates, agents or advisers for any consequences arising out of, or in connection with the use or attempted use of automated programmes.

6.3 We will not be liable to you, your agents, or your advisers in respect of (1) loss of profit; (2) loss of business; (3) loss of sale; (4) direct or indirect consequential loss; (5) special or unforeseen loss, damage, costs or expenses; (6) loss of reputation; (7) loss or depletion of goodwill; (8) loss of any damage or corruption to computer date; (9) we do not accept any liability for information or communications that you receive directly from your appointed agent or property developer.

LEGAL JURISDICTION

7.1 Scottish law shall apply to these terms and conditions. You irrevocably agree that the courts in Scotland will have exclusive jurisdiction to settle any dispute which may arise out of, under or in connection with these terms and for those purposes, irrevocably submit all disputes to the exclusive jurisdiction of the Scottish courts.

8.1 We welcome any suggestions that you make about how we may improve our service. Please email us at sales@fixedpriceonline.co.uk or by post at Fixed Price Online, 19 Union Street, Greenock, Scotland, PA16 8DD.

8.2 Please note that all information sent by email will be deemed to have been received by you or your agent and we do not accept any liability, whatsoever, for any information withheld by your agent on not passed on to you.

9.1 These terms and conditions form an agreement between Fixed Price Online (the company) and you, the house owner/seller/agent one and all parties concerned. You acknowledge that you have not entered into this agreement in reliance of any specific warranty or representations made by us. Should a court decide that any part of these terms cannot be enforced, only that particular part of these terms will not apply. The rest of the terms and conditions will apply. A waiver by a party of a breach of any provisions shall not be deemed a continuing waiver or waiver of any subsequent breach of the same or any other provisions. Failure or delay in exercising any right under these terms shall not prevent the exercise of that or any other right. You may not assign or transfer any benefit, interest or obligation under these terms. The provision of the contracts (Rights of Third Parties Act 1999) shall not apply to these terms.