TERMS AND CONDITIONS

Contents

1.0 Definitions
2.0 Introduction
3.0 Intellectual Property
4.0 Registration
5.0 Barring from the Web Site
6.0 Obligations and Conduct – All Users
7.0 Obligations and Conduct - Listers
- 7.1 Material Submitted by You
- 7.2 Payment
- 7.3 Changes and Cancellation
- 7.4 Refunds
8.0 Limits of Find an EcoHome.co.uk’s liability
- 8.1 Disclaimer
- 8.2 Warranty
- 8.3 Third party material and advertisements
9.0 Data Protection and Privacy
10.0 Validity
11.0 Jurisdiction and Law governing the Terms
12.0 Entire Agreement
13.0 Company Information
14.0 Customer Feedback

1.0 Definitions

Find an EcoHome.co.uk is the trading name of the UK partnership comprising S. Hopkins and R. Thakrar, formed 10 March 2007 (‘Find an EcoHome.co.uk ‘, ‘Us’ or ‘We’).

These terms and conditions ('the Terms') govern the use of the Find an EcoHome.co.uk website (the 'Website' or ‘Site’).

‘Users’ are defined as all visitors to the Website, whether a registered member or not (‘You’). ‘Listers’ are defined as Users who add EcoHome Information onto the Website, regardless of whether or not the listing has been made public.

A ‘Listing’ is defined as information regarding an EcoHome on the Website, whether made available to the public (‘Published’) or not.

2.0 Introduction

By accessing any part of the Site, you are deemed to have accepted the Terms in full. If you disagree with any part of the Terms, do not use the Website.

The Terms are a legal agreement between Us and You and can only be modified with Our consent. You may print and keep a copy of these Terms, however, We may revise the Terms from time-to-time. Please check the online version of the Terms and Conditions regularly to ensure that you are familiar with the current version.

You acknowledge that You have not entered into this agreement in reliance upon any warranty or representation made by Us. You may not assign or transfer any benefit, interest or obligation under these Terms. These Terms do not and are not intended to confer or create any right enforceable by any person who is not a party to the Terms.

Find an EcoHome.co.uk is not an estate agent, and does not take calls or enquiries about Your property from potential purchasers. This function is fulfilled by Our Online Messaging System.

3.0 Intellectual Property

The copyright and all other Intellectual Property rights in the Website (including all database rights, trademarks, service marks, trading names, text, graphics, code, files and links) belong toFind an EcoHome.co.uk. You may download material from the Website for the sole purpose of using the Website subject to these Terms. However, You must not copy, transmit, modify, republish, store (in whole or in part), frame or pass-off any material or information on or downloaded from the web site without prior written consent from Find an EcoHome.co.uk.

You may not distribute, display or copy any of the contents of the pages contained in this web site to third parties including, but not limited to 'caching' any material on the Website for access by third parties and 'mirroring' any material on the Website.

You may print or download to disk the contents of an individual page of the Website for the purpose of private and personal, non-commercial use. You may also permit Your computer to make one electronically stored, temporary copy of the content of the Website for the purpose of viewing it while connected to the Internet only.

4.0 Registration

You will be able to search for and view EcoHomes without registering Your Personal Information with Us, however, if You wish to use features such as Favourites or the Online Messaging System, We will ask You to do so.

Each registration is for a single individual, company branch or company (only where no defined branches exist). You may not share your registered e-mail address and password combination with any other individual, company branch or company (only where no defined branches exist).

You undertake that all information provided by you for the purposes of registering with Us is accurate and complete, and does not intentionally mislead others as to your identity.

You accept sole responsibility for all use of and for keeping secret any e-mail address and password combination that may have been given to You or chosen by You for use on the Site. You will notify Us immediately (using contact details provided) of anyunauthorised use of them or any other breach of security of the Site of which You become aware.

5.0 Barring from the Website

We reserve the right to bar users from the Site, on a permanent or temporary basis at Our sole discretion. Any such user shall be notified and must not then attempt to use the Site under any other name or e-mail address, or through any other user.

6.0 Obligations and Conduct – All Users

You accept that You are solely responsible for ensuring that Your computer system is compatible with and meets all relevant technical specification necessary to use the Website.

You must not misuse our system or the Website. In particular, You must not hack into, circumvent security or otherwise disrupt the operation of Our system and the Website, or attempt to carry out any of the foregoing. If you discover an element of the Website that allows misuse or circumvention of security, you are under a moral obligation to inform us using the contact details provided.

You must not use or attempt to use any automated program (including, without limitation, any spider or other web crawler) to access Our system or the Website, or to search, display or obtain links to any part of the Site, other than the home page at www.findanecohome.co.uk, unless the automated program identifies itself uniquely in the User Agent field and is fully compliant with the Robots Exclusion Protocol (a ‘Permitted Program’). Any such use or attempted use of an automated program (other than a Permitted Program) shall be a misuse of Our system and the Website.

7.0 Obligations and Conduct - Listers

7.1 Material Submitted by You

By submitting Your EcoHome details to Us for publication You are indicating that:

- You are the legal owner of the property with the sole right to sell, or You have legal power of attorney on behalf of the property owner.
- You agree to Find an EcoHome.co.uk publishing these details for You.
- The details supplied by You are true and accurate and not misleading in any way.
- On receipt of your payment, your Listing will be made available to the public immediately.
- You agree to indemnify Find an EcoHome.co.uk against any claims or expenses arising from misleading or inaccurate claims made by You about the EcoHome within the Listing
- You acknowledge that Find an EcoHome.co.uk is not obliged to publish any material submitted by You.

By submitting any material to Find an EcoHome.co.uk, You confirm that you own full title to such material and You automatically grant Find an EcoHome.co.uk the royalty-free, perpetual, irrevocable, exclusive right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content.

Listings should contain information relating to a single property only. Where the ‘Use as Template’ feature of the Website is used, it is the Lister’s responsibility to ensure that any differing fields have been amended as appropriate.

Listings should not include 'claims' about the EcoHome or terms of sale which are not a matter of fact or which cannot be ascertained and verified by reasonable inspection, or in the case of any legal aspects, confirmed by available documentation.

We will not advertise any product or service You may offer in addition to Your EcoHome. Links to commercial domains or pages referencing Users’ products, services or website are not permitted. Additional contact details or website URLs are also not permitted in listings.

7.2 Payment

All payments for Published Listings are handled by the third party provider, PayPal, and are subject to their terms and conditions. We therefore recommend that You read their [terms and conditions], available on their website, prior to payment.

7.3 Changes and Cancellation

The Website offers Listers the ability to change and cancel their own Published Listings. Changes and cancellations will be made instantly and it is the responsibility of the User to verify that they have occurred.

7.4 Refunds

In general, no refund will be offered in the event of cancellation of a Published Listing by either party. In exceptional circumstances, part or whole refunds may be offered at Our sole discretion, however, under no circumstances will Our liability exceed the value of the fee received. No refund will be made for loss of service, temporary or permanent, under any circumstances. This does not affect Your statutory rights as a consumer.

8.0 Limits of Find an EcoHome.co.uk’s liability

8.1 Disclaimer

Find an EcoHome.co.uk disclaims all and any liability and responsibility to any User, in respect of anything and of the consequences of anything, done or omitted to be done by any such person in reliance, whether wholly or partially, upon the whole or any part of the contents of the material.

Due to the nature of software and the Internet, We do not warrant that your access to, or the running of, the Website will be uninterrupted or error free. We shall not be liable if our service is interrupted due to circumstances beyond Our reasonable control and will not be liable for any failures due to software or Internet errors.

We do not accept any liability for any communications between estate agents, developers or individuals using the Online Messaging System on the Website, or any subsequent direct communications.

We do not accept any liability for loss of Your password, registered e-mail address or any other data (and/or files) caused by a breakdown, error, loss of power or otherwise caused by or to Your computer system.

Whilst Find an EcoHome.co.uk endeavours to ensure that the information on the Site is correct, We shall not accept liability of any kind, including liability for negligence(except for personal injury or death) for any damages (including, without limitation, damages for loss of business or loss of profits business, goodwill, data, income, revenue or anticipated savings) arising in contract, tort or otherwise from the use of or inability to use the Site, or any information and/or files contained in it, or from any action or decision taken as a result of using this site or any such information and/or files.

However, nothing in this Disclaimer shall exclude or limit any liability which cannot be excluded or limited under applicable law.

The pages contained in the Website may contain technical inaccuracies and typographical errors.

8.2 Warranty

The information contained on this site is for general guidance only. This information is made available on the understanding that Find an EcoHome.co.uk is not engaged in rendering legal or accounting advice or other professional services. Information is also made available without representations or warranties of any kind, either express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose or otherwise. Nor are any warranties or commitments made that access or use will be uninterrupted or error free, or as to the results to be obtained from any access or use. We do not guarantee the successful sale, let or any minimum level of exposure to the public of EcoHomes.

You should neither act, nor refrain from action, or make or refrain from making decisions on the basis of any such information.

We do not warrant the Website’s completeness or accuracy; nor do We not commit to ensuring that the Website remains available or that the material on the Website is kept up-to-date. Find an EcoHome.co.uk makes no warranty that the Website (or websites that are linked to the Website) will be free from malicious or impairing computer program, infection, viruses and/or similar code.

Find an EcoHome.co.uk accepts no responsibility for the content of any site to which a hypertext link from the Site exists. The links are provided on an "as is" and "as available" basis, at Users’ sole risk and without representations or warranties of any kind, either express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose or otherwise. Nor are any warranties or commitments made that access or use will be uninterrupted or error free, or as to the results to be obtained from any access or use.

8.3 Third party material and advertisements

The Website contains material submitted and created by third parties. Find an EcoHome.co.uk excludes all liability for any illegality arising from or error, omission or inaccuracy in such material and We take no responsibility for such material.

The Website contains links to websites operated by third parties. They are not maintained by Find an EcoHome.co.uk and We have no control over their individual content. We therefore make no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites. They have been carefully selected for Your convenience only but We do not necessarily endorse the material on these sites. If You decide to access any third party website linked from the Website, You do so at Your own risk.

In the event that You purchase or obtain any goods or services from a third party then Your acquisition of such goods or services will be in accordance with the third party's terms and conditions and Find an EcoHome.co.uk will have no liability to You in respect of the same.

9.0 Data Protection and Privacy

Any details which You provide to us from which we can identify You are held and processed in accordance with the Data Protection Act 1998 and Our [Privacy Policy]. By accepting these Terms, You declare that you have read, understood and agree with Our Privacy Policy.

10.0 Validity

If any term, condition, or provision of these Terms and Conditions is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby.

A waiver by any party of a breach of any provision shall not be deemed a continuing waiver or a 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.

11.0 Jurisdiction and Law governing the Terms

Use of the Website and these Terms shall be subject only to the laws of England and Wales which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licenses and conditions of use.

The Courts of England and Wales shall have exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with the Website and its use and these Terms.

This Website is aimed at users in the England and Wales. Where England and Wales regulatory authorities have jurisdiction over the contents of this Website, Find an EcoHome.co.uk has attempted to ensure compliance with the requirements of such regulatory body.

However, some of the information in the pages contained in the Website is not to be accessed from certain jurisdictions and no representation or warranty is made as to whether the information available in the Website complies with the regulatory regime of countries other than England and Wales.

We make no warranty or guarantee that the Website or information available over it complies with laws other than those of England.

12.0 Entire Agreement

These Terms and Conditions constitute the entire agreement between You and Find an EcoHome.co.uk relating to the subject matter herein.

13.0 Company Information

Find an EcoHome.co.uk is a UK partnership comprising S. Hopkins and R. Thakrar, formed 10 March 2007. The partnership is registered with the Information Commissioner (Reference Number: XXX). The trading address of the partnership is: Find and EcoHome.co.uk,35 Cromer Way, Luton. Bedfordshire, LU2 7EE.

14.0 Customer Feedback

We welcome any suggestions that you make about how we may improve our service. Please e-mail us at support@findanecohome.co.uk with ‘CUSTOMER FEEDBACK’ in the subject line; write to us at Find an EcoHome.co.uk, 35 Cromer Way, Luton, Bedfordshire, LU2 7EE; or telephone us on 020 7870 2788. We aim to acknowledge all customer feedback.

Last Updated: 28 June 2007