"Website" means this website, www.vieweet.com and
www.smartviewing.com
"you" and/or
"your" means any person who uses the Website.
"we",
"us" and/or "our" means Virtual View App
Limited, a company incorporated in England and Wales under
registration number 08526295, whose registered office is at 123
Buckingham Palace Road, London, SW1W 9SH and whose VAT number is
169845355.
1.1 Please read these Terms carefully and make sure that you
understand them before you start to use the Website. We
recommend that you print a copy of these Terms for future
reference.
1.2 These Terms govern:
1.2.1
your access to, and use of, the Website and the content on it;
and
1.2.2 your submission of any comments, postings,
contributions, designs, words, images or other material to the
Website ("Contributions").
1.3 If you
choose to use certain services that are available via the
Website your use of such services may be subject to additional
terms and conditions which will be notified to you when you
access such services. Some of the provisions contained in these
Terms may also be superseded or supplemented by additional terms
and conditions or notices published elsewhere on the Website.
These will be drawn to your attention where applicable to you.
In the event that there is any conflict between these Terms and
any additional or supplemental terms on the Website
("Additional Terms"), the Additional Terms shall
prevail.
1.4 By using the Website you confirm that
you accept these Terms and that you agree to comply with
them.
1.5 We may revise these Terms at any time. You
should check this page from time to time to take note of any
changes we make, as they are binding on you from the date that
we make them.
1.6 These Terms, any Additional Terms
and any contract concluded between us via the Website, are only
available in the English language.
2.1 We shall endeavour to provide constant, uninterrupted access
to the Website and any content on it, but we cannot and do not
guarantee to do so. Access to the Website is permitted on a
temporary basis. We may suspend, withdraw, discontinue or change
all or any part of the Website without notice. Save where
expressly stated otherwise in any Additional Terms, we will not
be liable to you if for any reason the Website is unavailable or
is withdrawn at any time or for any period.
2.2 You
are responsible for making all arrangements necessary for you to
have access to the Website.
We may update the Website from time to time, and may change the content of the Website at any time. However, please note that any of the content on the Website may be out of date at any given time, and we are under no obligation to update it.
4.1 We may choose to restrict access to the Website or to parts
of it to registered users.
4.2 If you choose, or you
are provided with, a user identification name, code or password
to access certain parts of the Website, you must treat such
information as confidential. Your identification name, code
and/or password are non-transferable.
4.3 We have the
right to disable any user identification name, code or password,
whether chosen by you or allocated by us, at any time, if in our
reasonable opinion you have failed to comply with any of the
provisions of these Terms or any Additional Terms.
4.4
If you know or suspect that anyone other than you knows your
user identification name, code or password, you must immediately
notify us at
info@vieweet.com.
4.5 You are liable for any unauthorised use of
your user name, code and/or password.
5.1.1 You may only use the Website for lawful purposes. You may
not use the Website:
(a) in any way that breaches any
applicable local, national or international law or
regulation;
(b) in any way that is unlawful or fraudulent,
or has any unlawful or fraudulent purpose or effect;
(c) to
send, knowingly receive, upload, download, use or re-use any
material (including Contributions) which does not comply with
the Standards (as defined in Clause 5);
(d) to transmit, or
procure the sending of, any unsolicited or unauthorised
advertising or promotional material or any other form of similar
solicitation (spam); or
(e) to knowingly transmit any data,
send or upload any material (including Contributions) that
contains viruses, Trojan horses, worms, time-bombs, keystroke
loggers, spyware, adware or any other harmful programs or
similar computer code intended to damage, detrimentally
interfere with, surreptitiously intercept or expropriate any
system, data or personal information or adversely affect the
operation of any computer software or hardware.
5.1.2
You agree:
(a) not to reproduce,
duplicate, copy or re-sell any part of the Website save where
expressly permitted to do so by these Terms or any Additional
Terms; and
(b) not to access without authority, interfere
with, damage or disrupt:
(i) any part of the Website;
(ii)
any equipment or network on which the Website is stored;
(iii)
any software used in the provision of the Website; or
(iv)
any equipment or network or software owned or used by any third
party.
5.2 Interactive Services
5.2.1 We
may from time to time provide interactive services on the
Website which shall enable you to upload or post Contributions
to the Website, including, without limitation:
(a) comment
facilities;
(b) uploading and exhibiting user designs;
(c)
chat rooms;
(d) surveys; and/or
(e) bulletin
boards,(together "Interactive Services").
5.2.2
Where we provide an Interactive Service, we will use reasonable
endeavours to provide information to you about the kind of
service offered and if it is moderated. However, we are under no
obligation to oversee, monitor or moderate any Interactive
Service we provide, and we expressly exclude our liability for
any loss or damage arising from the use of any Interactive
Service by a user or from the Contributions posted or uploaded
to any Interactive Service by another user whether the
Interactive Service is moderated or not.
5.2.3 The
use of any of our Interactive Services by a minor is subject to
the consent of their parent or guardian. We advise parents who
permit their children to use an Interactive Service that it is
important that they communicate with their children about their
safety online. Minors who are using any Interactive Service
should be made aware of the potential risks to them.
5.3
Content Standards
5.3.1 The content standards set out
in this Clause 5 ("Standards") apply to any and all
Contributions, and to any Interactive Service associated with
them.
5.3.2 Any Contributions will be considered
non-confidential and non-proprietary. You retain all of your
ownership rights in your Contributions, but you are required to
grant us and other users of the Website a limited licence to
use, store and copy that content and to distribute and make it
available to third parties. The rights you license to us are
described in Clause 6 (Grant of Licence to Use
Contributions).
5.3.3 You must comply with the spirit
and the letter of the following standards.
5.3.4
Contributions must:
(a) be accurate (where they state
facts);
(b) be genuinely held (where they state opinions);
and
(c) comply with applicable law.
5.3.5
Contributions must not:
(a) contain any material which is
trade libellous or defamatory of any person;
(b) contain
any material which is obscene, pornographic, offensive, hateful
or inflammatory; (
c) promote violence or promote
discrimination based on race, sex, religion, nationality,
disability, sexual orientation or age;
(d) be threatening,
abuse or invade another’s privacy, or cause annoyance,
inconvenience or needless anxiety;
(e) be likely to
harass, upset, embarrass, alarm or annoy any other person;
(f) be likely to deceive any person;
(g) infringe
any intellectual property rights, other proprietary rights or
the privacy or confidential information of any person;
(h)
be used to impersonate any person, or to misrepresent your
identity or affiliation with any person;
(i) advertise any
goods or service or be for a commercial purpose, provided that
estate agents may upload Contributions to market properties
subject to our prior approval and their compliance with these
Terms and any Additional Terms;
(j) give the impression
that they emanate from us, if this is not the case; or
(k)
advocate, promote or assist any unlawful act such as (by way of
example only) copyright infringement or computer misuse.
5.4
Suspension and Termination
5.4.1 If we determine, in
our absolute discretion, that you have breached this Clause 5 we
may immediately take all or any of the following actions:
(a)
temporarily or permanently withdraw your right to use the
Website;
(b) temporarily or permanently remove any
Contribution uploaded by you to the Website;
(c) issue a
warning to you;
(d) issue legal proceedings against you for
reimbursement of all costs (including, but not limited to,
reasonable administrative and legal costs) resulting from the
breach;
(e) take further legal action against you;
and/or
(f) disclose such information to law enforcement
authorities as we reasonably feel is necessary to do so.
5.4.2
We exclude liability for actions taken in response to breaches
of this Clause 5. The responses described in this Clause 5 are
not limited, and we may take any other action we reasonably deem
appropriate in respect of your breach.
5.4.3 We will
not be responsible, or liable to any third party, for the
content or accuracy of any Contributions posted by you or any
other user of the Website.
5.4.4 You acknowledge that
your breach of this Clause 5 may cause damage or loss to us and
you agree to indemnify us in full against any third party
liabilities, claims, costs, loss or damage including
consequential losses, incurred as a result of such a breach. If
you are a consumer, this means you will be responsible for any
loss or damage we suffer as a result of your breach of this
Clause
5.5.4.5 We may provide your identity to a
third party who is claiming that any content posted or uploaded
by you to the Website constitutes a violation of their
intellectual property rights, or of their right to privacy. You
also acknowledge that we may be required to hand over such
information by order of a court of law.
5.5
Complaints
5.5.1 If you wish to complain about any
Contribution posted to an Interactive Service, please e-mail us
at info@vieweet.com setting out full details of your complaint.
We will then review the Contribution and decide whether it
complies with the Standards.
5.5.2 In order to
investigate your complaint, we may need to share your identity
and the details of your complaint with the user that posted the
Contribution that is the subject of your complaint.
5.5.3
The views expressed by other users on the Website, including in
any Contributions, do not represent our views or values.
6.1 You grant us a non-exclusive, transferable, perpetual,
royalty-free, worldwide licence to copy, use, reproduce,
distribute, display, publish, adapt, prepare derivate works of
and/or amend any Contribution in any format, including in our
services and products for any purpose including in relation to
the promotion of our services and products. This licence shall
include the right for any user of the Website to access and use
the Contribution in accordance with Clause 7.2 and in connection
with the functionality of the Website.
6.2 We reserve
the right, at our sole discretion, to make additions or
deletions to, to edit, crop or arrange any Contributions prior
to publication. We also reserve the right not to publish a
Contribution in whole or in part or to remove a Contribution in
whole or in part.
6.3 You warrant that you are
entitled to grant us the rights set out in Clause 6.1 and that
the use by us of any Contribution submitted by you shall not
infringe the rights (including the intellectual property rights
and privacy rights) of any third party.
7.1 We are the owners or licensees of all intellectual property
rights in the Website. All text, information, graphics,
interfaces, photographs, video and other material available on
the Website is protected by copyright, trade mark and other
proprietary and intellectual property laws.
7.2 You
may not use any of our intellectual property rights without our
express written consent, however you are permitted to print or
save to your individual PC, tablet or storage extracts from this
Website for your own personal non-commercial use. This does not
include downloading, storing, transmitting, displaying, copying
or distributing any materials on the Website, or extracts from
it, in a structured manner or creating a database in any form
comprising all or part of any material on the Website.
7.3
If you are a business user, you may draw the attention of others
within your organisation to content posted on the Website.
7.4
You must not modify any paper or digital copies of any materials
you have printed off or downloaded from the Website and you must
not use any illustrations, photographs, video or audio sequences
or any graphics separately from any accompanying text. Our
status (and that of any identified contributors) as the authors
of content on the Website must always be acknowledged.
7.5
You must not use any part of the content on the Website for
commercial purposes without obtaining a licence to do so from us
or our licensors.
8.1 Where the Website contains links to other sites or
resources, these links are provided for your information only.
Such links should not be interpreted as endorsement by us of
those linked websites or resources. We have no control over the
content of those sites or resources and accept no responsibility
for them or for any loss or damage that may arise from your use
of them. You should check the terms of use applicable to any
website or other resource that you link to from the Website.
8.2
You may link to the home page of the Website, 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. You must
not establish a link from any website that is not owned by you.
The Website must not be framed on any other site, nor may you
create a link to any part of the Website other than the home
page. We reserve the right to withdraw linking permission
without notice.
The inclusion of any advertising or any sponsorship material on the Website does not constitute an endorsement of the relevant advertiser or sponsor or their goods or services. Any correspondence or dealings you have with advertisers or sponsors are solely between you and the relevant advertiser or sponsor. We shall not be responsible for any loss or damage of any kind suffered or incurred by you as a result of any correspondence or dealing you have with any advertiser or sponsor.
Our Privacy Policy, sets out the terms on which we process any personal data we collect from you, or that you provide to us when using the Website and which sets out information about the cookies we use on the Website. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.
11.1 The content on the Website 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 (including, without information, seeking full
particulars of the relevant property from an estate agent)
before taking, or refraining from taking, any action on the
basis of the content on the Website. In particular, the property
descriptions, images and videos on the Website, whilst displayed
in good faith, are for information purposes only and we do not
accept any liability or responsibility for their accuracy. It is
the sole responsibility of prospective buyers/tenants to satisfy
themselves as to the accuracy of any property information
displayed on the Website and the responsibility of estate agents
to ensure the accuracy of property descriptions provided on the
Website and in any other property documentation/information.
11.2
Although we make reasonable efforts to update the information
and content on the Website, we make no representations,
warranties or guarantees, whether express or implied, that the
information and content on the Website is accurate, complete or
up-to-date at any time.
12.1 Save as expressly provided in any Additional Terms, all
warranties, conditions and other terms implied by statute or
common law are, to the fullest extent permitted by law, excluded
from these Terms.
12.2 To the maximum extent
permitted by law, we and our respective agents and
representatives shall have no liability whatsoever to you or any
third party for any loss or damage, whether in contract, tort
(including negligence), breach of statutory duty, or otherwise,
even if foreseeable, arising under or in connection with
your:
12.2.1 use of, or inability to use, the
Website; or
12.2.2 use of or reliance on any content
displayed on the Website, including your or a third party's
Contribution(s).
12.3 If you are a business, please
note that in particular, we will not be liable for:12.3.1 loss
of profits, sales, business, or revenue;
12.3.2
business interruption;
12.3.3 loss of anticipated
savings;
12.3.4 loss of business opportunity,
goodwill or reputation; or
12.3.5 any indirect or
consequential loss or damage.
12.4 If you are a
consumer, please note that we only provide the Website for your
domestic and private use only. You agree not to use the Website
for any commercial or business purposes, and we have no
liability to you for any loss of profit, loss of business,
business interruption, or loss of business opportunity.
12.5
We will not be liable for any loss or damage caused by a virus,
distributed denial-of-service attack, or other technologically
harmful material that may infect your computer equipment,
computer programs, data or other proprietary material due to
your use of the Website or to your downloading of any content on
it, or on any website linked to it.
12.6 Nothing in
these Terms excludes or limits our liability for:
12.6.1
death or personal injury caused by our negligence;
12.6.2
fraud or fraudulent misrepresentation; or
12.6.3 any
other liability that cannot be limited or excluded by law.
13.1 If any provision in these Terms is deemed unlawful, void,
or for any reason unenforceable, then that provision shall be
enforced to the maximum extent permissible, and the remainder of
the Terms shall remain in full force and effect.
13.2
Any failure by us to enforce or exercise any provision in these
Terms shall not constitute a waiver of that provision or any
other provision.
13.3 We may transfer, assign,
sublicense or pledge in any manner whatsoever, any of our rights
and obligations under these Terms to any third party without
notice and without the need to receive your consent. You may
only transfer, assign, sublicense or pledge your rights or your
obligations under these Terms to another person if we provide
our consent to you in writing.
13.4 If you are a
consumer, you have legal rights in relation to services not
provided with reasonable care and skill. Advice about your legal
rights is available from your local Citizens' Advice Bureau
or Trading Standards office or via the Citizens Advice website
at:
www.citizensadvice.org. Nothing in these Terms will affect these legal rights
14.1 These Terms, their subject matter and their formation, are
governed by English law.
14.2 The courts of England
and Wales shall have exclusive jurisdiction to settle any
disputes arising in connection with these Terms (including any
non-contractual terms). However, if you are a consumer and are a
resident of Northern Ireland you may also bring proceedings in
Northern Ireland, and if you are resident of Scotland, you may
also bring proceedings in Scotland.
14.3 For
information regarding the European Commission's new online
dispute resolution platform, please see
http://ec.europa.eu/consumers/odr/.
To contact us, please e-mail info@vieweet.com.
This website (the "Website") is operated by Virtual
View App Limited, a company incorporated in England and Wales
under registration number 08526295, whose registered office is
at 123 Buckingham Palace Road, London, SW1W 9SH and whose VAT
number is 169845355 ("we", "us",
"our").
We comply with data protection
legislation such as the Data Protection Act 1998. This
regulates the processing of personal data relating to you and
grants you various rights in respect of your personal data.
The
aim of this statement is to tell you how we will use any
personal data you provide through the Website. Please read it
carefully before you proceed.
You do not have to give us any personal data in order to use
most of the Website.
However, if you wish to register on
the Website in order to use our Vieweet and SmartViewing
services we will collect the following personal data from you:
name, email address and telephone number.
You may also
choose to provide a photograph for your personal profile.
In
addition, we may automatically collect information about the
Website that you came from or are going to. We also collect
information on which pages of the Website you visit, IP
addresses, the type of browser you use and the times you
access the Website. However, this information is aggregated
and is not used to identify you.
The information we collect allows us to
(a) provide our
Vieweet and SmartViewing services to you;
(b) verify
your identity;
(c) administer the Website and provide
customer services;
(d) meet legal, regulatory and
compliance requirements;
(e) monitor and analyse the use
of any account to prevent, investigate and/or report fraud,
terrorism, misrepresentation, security incidents or crime;
(f)
gather management information to form statistical and trend
analysis;
(g) communicate with you;
(h) investigate
any complaints about the Website;
(i) personalise your
experience of the Website.
We may share your
personal data with estate agents for their own analytical
purposes and so that they can send you marketing
communications (for which see section 5 below).We may employ
the services of a third party to help us in certain areas,
such as website hosting, maintenance, call centre operation
and identity checking. In some cases the third party may
receive your information. However, at all times, we will
control and be responsible for the use of your information.
We may transfer some of your information to countries outside of the EU. Some of these countries may not have equivalent data protection legislation protection the use of your personal information. By submitting your information to the Website, you consent to such transfers taking place.
We would like to keep you up to date with details of our
products and services using the information that you have
supplied above. We would like to do this by email. If you
would prefer us not to contact you, please contact us at
info@vieweet.com.
We may wish to share your details with estate agents
that use the Website so that they can inform you about
properties that might be of interest to you and provide
further information about their services. If you would like to
be contacted by these estate agents, please contact us at
info@vieweet.com.
6.1 Use of Cookies on the Website
We use cookies to
collect information about your online preference. Cookies are
small pieces of information sent by a web server to a web
browser which allows the server to uniquely identify the
browser on each page.
We use the following categories of
cookies on the Website:
Category 1: Strictly Necessary Cookies
These cookies are essential in order to enable you to
move around the Website and use its features. Without these
cookies, services you have asked for such as remembering your
login details cannot be provided.
Category 2: Performance Cookies
These cookies collect anonymous information on how
people use the Website. For example, we use Google Analytics
cookies to help us understand how customers arrive at the
Website, browse or use the Website and highlight areas where
we can improve areas such as navigation and marketing
campaigns. The data stored by these cookies never shows
personal details from which your individual identity can be
established.
If you want to delete any cookies that are
already on your computer, please refer to the help and support
area on your internet browser for instructions on how to
locate the file or directory that stores cookies. Please note
that by deleting our cookies or disabling future cookies you
may not be able to access certain areas or features of the
Website.
To find out more about cookies please visit:
www.allaboutcookies.org
or see
www.youronlinechoices.eu
which contains further information about behavioural
advertising and online privacy.
6.2 Use of Web
Beacons
Some of the pages on the Website may
contain electronic images known as Web beacons (sometimes
known as clear gifs) that allow us to count users who have
visited these pages. Web beacons collect only limited
information which including a cookie number, time and date of
a page view, and a description of the page on which the Web
beacon resides. We may also carry web beacons placed by third
party advertisers. These beacons do not carry any personally
identifiable information and are only used to track the
effectiveness of a particular campaign.
The Website contains links to other websites over which we
have no control. We are not responsible for privacy policies
or practices of other websites to which you choose to link
from the Website. We encourage use to review the privacy
policies of those other websites so you can understand how
they collect, use and share your information.
We have implemented reasonable technical and organisational measures designed to secure your personal information from accidental loss and from unauthorised access, use, alteration or disclosure. However, the Internet is an open system and we cannot guarantee that unauthorised third parties will never be able to defeat those measures or use your personal information for improper purposes.
In the event that the business is sold or integrated with another business, your details will be disclosed to our advisers and any prospective purchaser’s adviser and will be passed to the new owners of the business.
You are entitled to see the information held about you. If you wish to do this, please contact us at info@vieweet.com. We may require you to provide verification of your identity and to pay an administration fee (which is currently £10) to provide a copy of the information we hold. Please note that in certain circumstances we may withhold access to your information where we have the right to do so under current data protection legislation.
You may review, correct, update or change your personal
information at any time by contacting us at
info@vieweet.com.
If you opted to receive newsletters, commercial emails
or other communications from us or estate agents at the time
you registered on the Website but subsequently change your
mind, you may opt-out by emailing us at
info@vieweet.com.
If our privacy policy changes in any way, we will place an
updated version on this page. Regularly reviewing this page
ensures that you are always aware of what information we
collect, how we use it and under what circumstances, if any,
we will share it with other parties.
If you have any questions about this statement or your
personal information, please contact us at
info@vieweet.com.
