The PropertyMove Services Agreement
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The following Terms and Conditions govern the provision of the Property Portal Service, known as PropertyMove Services (PMS).
1. DEFINITIONS
1.1 ‘PMS’ means the description and scope of same as advised by PMS from time to time.
1.2 ‘PropertyMove’ means PropertyMove.com Ltd, its employees, agents and contractors, without prejudice to the generality of these terms.
1.3 'Member' means an Estate Agent who agrees to upload their properties to PropertyMove.com
2. TERMS
2.1 PMS retains complete discretion to terminate this agreement immediately.
2.2 PMS may give written notice to a member that this agreement will be terminated if the member fails to remedy a breach of this agreement within a defined period.
2.3 All software, manuals and any other materials provided to the member by PMS pursuant to or in connection with this agreement shall remain at all times the property of PMS and shall forthwith be returned by the member to the PMS on the termination of this agreement by either party.
3. MEMBER OBLIGATIONS
3.1 The member may only use PMS to advertise properties which relate to their Membership of The Property Ombudsman or the RICS.
3.2 The member hereby accepts any and all liability for the accuracy and integrity of all property details which either they themselves have entered on the PMS site, or which have been entered on their behalf by a third party.
3.3 The member remains the data controller of any personal data passed to PMS. As controller the member hereby warrants and undertakes to the PMS that they shall indemnify the PMS against any breach of the Data Protection Act 1998 (the Act), and for all or any damages, losses, claims, costs and expenses sustained or incurred by the PMS in connection with any prosecution of the PMS under the Act, or any civil action brought by any person or persons under the Act against the PMS, in so far as any such prosecution or civil action may be in respect of such data.
3.4 The member undertakes that such data (whether stored on-line or off-line) will not contain anything obscene, offensive or defamatory, nor breach any patent, copyright, or other intellectual property right of any person or entity. The member will indemnify the PMS and keep PMS effectively indemnified against all actions, proceedings, claims, demands, damages and costs (including legal costs on a full indemnity basis) occasioned to the PMS as a result of any breach of these undertakings.
3.5 It is a condition of this agreement that the member currently belongs to the relevant Property Ombudsman or RICS, and is actively working in the appropriate property sector. By signing this agreement the member confirms that they belong to the relevant body and that they are bound by and comply with all applicable Rules of Conduct and Codes of Practice.
3.6 The member agrees to demonstrate commitment to the PMS by actively loading and maintaining properties for sale. The PMS retains the right to withdraw the service to customers who do not actively use the PMS, see 2. Terms.
3.7 The member hereby accepts that PMS may allocate a non-geographic telephone number to all or any of the telephone numbers recorded on the PMS site.
3.8. The member hereby accepts that PMS may share property data with other third party companies from time to time, but members have the right to opt out of this arrangement providing they do so in writing, or by updating their account record on the PMS website.
4. FORCE MAJEURE
Neither party shall be liable for any failure to perform any of its obligations under these Terms and Conditions if the performance of such obligation has been interfered with, hindered, delayed or prevented by any circumstances which are not reasonably within the control of that party.
5. WAIVERS
Any failure by either party to insist upon its rights under these Terms and Conditions upon any occasion shall not be deemed a waiver of such rights on any subsequent occasion or constitute a continuing waiver.
6. LIABILITY
6.1 The member shall indemnify the PMS and keep the PMS fully and effectively indemnified against any loss of or damage to any property or injury to or death of any person or any claim or liability in respect thereof, caused by use of the PMS unless caused by a negligent act or omission or wilful misconduct of the PMS, its employees or agents.
6.2 Notwithstanding anything else contained in this Agreement the PMS shall not be liable to the member for loss of profits or contracts or other indirect or consequential loss whether arising from negligence, breach of contract or howsoever.
7. VARIATION
PMS may revise these terms of use from time-to-time. Revised terms of use will apply from the date of the publication of the revised terms of use on the PMS website. Members should check this page regularly to ensure they are familiar with the current version.
8. LAW
These Terms and Conditions shall for all purposes be construed and enforced under and in accordance with the laws of England and the parties hereto agree to submit to the exclusive jurisdiction of the High Court of England and Wales.