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Terms and Conditions

 

User terms and conditions

Welcome to our website. If you continue to browse and use 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 govern APITS Ltd’s relationship with you in relation to this website.

The term “APITS Ltd” or “us” or “we” refers to the owner of the website whose registered office is Rear West Office, 2nd Floor, 16 Winchester Walk. London, SE1 9AQ. The term “you” refers to the user or viewer of our website. The use of this website is subject to the following terms of use:

The content of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s).

We have no responsibility for the content of the linked website(s).You may not create a link to this website from another website or document without APITS Ltd’s prior written consent.

Your use of this website and any dispute arising out of such use of the website is subject to the laws of non-exclusive jurisdiction of the England courts.

 

Online advertising terms and conditions

1. ACCEPTANCE OF TERMS
1.1 These Terms, together with the order form are the terms on which we will provide advertising to you. Please read these terms carefully before confirming acceptance of an order form. You should keep a copy of these terms for future reference.

1.2 By submitting these terms and an order form to you, we make you an offer to sell you the listings, banners, sponsorship and email campaigns specified in the order form. The contract between you and  us is formed when You send Us confirmation in writing (including electronically) that you have accepted our offer.

1.3 Our offer to you will expire, unless accepted by you within 14 days of the date on which we submitted the offer to you. We may, in our sole discretion, extend the date on which our offer expires.

1.4 You represent and warrant that you have the power and authority to enter into these terms and grant all rights granted or purported to be granted and fully perform your obligations under these terms;

2. PAYMENT
2.1 The price you will pay for the advertising will be as agreed between you and us as specified in your order form and confirmed in our confirmation. The rate is exclusive of UK Value Added Tax ("VAT").

2.2 We reserve the right to review our prices at any time. You can obtain details of our new prices by contacting us.

2.3 You will pay for advertising as specified below.

Payment for advertising.
2.4 You will pay for advertising in advance.  If payment is not received by the due date, then your property listings will be removed and your account may be cancelled.

2.5 If payment is to be by instalments, on the dates shown on your order form.

3. OUR PROVISION OF ADVERTISING
3.1 We will use reasonable efforts, but make no promises and offer no guarantees to accommodate your wishes regarding the specific positioning of your advertising.

3.2 If you fail to provide us with your property listings, email creative, advertisement etc and/or written copy instructions, we may:

3.2.1 not be able to provide you with proofs of your advertisement prior to publication; and

3.2.2 not be able to make any required corrections to your advertisement;

3.3 Where we agree to design or otherwise create or amend an advertisement or copy for you without charge to you, we shall make reasonable efforts to provide you with a proof of the advertisement in advance of publication but shall not be liable under any circumstances for any errors or omissions in the published advertisement or copy.

3.4 Where we agree to undertake production work for you in consideration of a separate charge agreed between you and us , then (except where you have asked us to undertake such production work in less than seven days before the date the advertisement is to be published), in the event that the advertisement contains any typographical or similar error, misprint or omission that:

3.4.1 is attributable to us; and

3.4.2 in our sole discretion, materially reduces the effectiveness of the advertisement;

we shall re-run the advertisement without further charge to you.

3.5 Any complaint concerning our publication of your advertisement must be submitted to us in writing no later than two weeks following the date of publication. We will not be liable to you under any circumstances where You fail to submit a complaint within this time period.

3.6 In no circumstances shall our total liability to you for any error, misprint or omission exceed the amount of a full refund of the price paid to us by you for advertising and/or the production charges(whichever is applicable) in connection with the advertisement under which the liability arose.

3.7 We will not be liable to you in any way for any errors or omissions in your advertisement resulting from inaccurate or inadequate instructions by you.

3.8 We may destroy any of your artwork or erase any of your digital files which have been in our custody.

3.9 We make no promises and offer no guarantees that your advertisement will not appear in close proximity to any information, promotion or advertisement about products and/or services offered by your competitors.

3.10 We reserve the right to bar users from our website and block access to all elements of our services at our sole discretion.

4. YOUR OBLIGATIONS IN RESPECT OF PURCHASES OF ADVERTISING

4.2 You represent and warrant that your advertising is not:

4.2.1 unlawful, (nor does such advertisement promote illegal activities), nor is it for an improper purpose;

4.2.2 harmful, offensive nor may it have the effect of being harassing, threatening, abusive or hateful or otherwise degrading or intimidating to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;

4.2.3 inappropriate, defamatory, misleading or deceptive;

4.2.4 in breach of copyright nor shall it infringe the rights of a third party or would otherwise expose us to any liability, legal proceedings or other sanction; and

4.2.5 pornographic or obscene.

4.3 You represent and warrant that:

4.3.1 You have all the necessary licences, rights, consents, and permissions to authorise us to publish your advertisement and you agree to give Us evidence of all such licences, rights, consents, and permissions if so requested by us;

4.3.2 Your advertisement will abide by all applicable codes of practice, laws and regulations (including but not limited to the British Code of Advertising, Sales Promotion and Direct Marketing); property images will be true and correct and not have been falsified in any way. Property images should not display and advertising or messaging beyond the image of the property they represent.

4.3.3 when promoting or advertising financial products your advertisement complies with the Financial Services and Markets Act 2000 and any further rules and regulations specified by the Financial Services Authority.

4.4 You agree that any property, artwork and/or digital files submitted by you to us are held by us at your own risk and you are responsible for purchasing and maintaining insurance policies to cover this risk.

4.5 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 this Site, or to search, display or obtain links to any part of this Site, other than the home page at www.aplaceinthesun.com, 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 this Site. Obtaining access to any part of our system or this Site by means of any such automated programs (other than a Permitted Program) is strictly unauthorised.

4.6 You must not include links to this Site in any other website without our prior written consent. In particular (but without limiting the foregoing) you must not include in any other website any "deep link" to any page on this Site other than the home page at www.aplaceinthesun.com without our prior written consent.

5. INTELLECTUAL PROPERTY

5.1 All intellectual property rights on the website which are owned by us and our licensors shall remain at all times the property of us or our licensors.

5.2 The names, images and logos identifying us, our associates, partners or third parties and our/their products and services contained on the website are proprietary marks and may not be reproduced or otherwise used without express permission.

5.3 Unless expressly stated otherwise, nothing contained in these Terms shall be construed as conferring on you by implication any licence or right to use any trade mark, patent, design right or copyright of APITS, its Associates or of any third party.

5.4 You retain all intellectual property rights in any materials or advertisements submitted by you except where we have contributed artwork or copy to the production of such materials or advertisements in which case all the intellectual property rights in such contribution shall vest in us. Where we have contributed artwork or copy to materials or advertisements, You may not reproduce, publish, modify, copy, license or use such materials or advertisement in any way without our prior written consent.

5.5 You grant us a worldwide, perpetual, non-exclusive, royalty-free and transferable licence (with the right to sub-license) to copy, use, edit, reproduce, record, modify, store, translate, distribute, play, perform, make available to our associates and any third parties, prepare derivative works of and to display your materials or advertisements by any medium or method whether now known or later developed to be exercised in our sole discretion throughout the world for the full term of copyright and other rights and all renewable and extension thereof including, for the avoidance of doubt, the right to register any design rights and/or trademarks.

 6. CANCELLATION OF YOUR PURCHASE ORDER

Advertising
6.1 You may cancel or suspend an order form for advertising by giving us written notice at any time. You will be liable for the full price of the order form for advertising.

7. TERM AND TERMINATION
7.1 These Terms will become binding on you and us from the date you send us confirmation of your order form and will continue until either party terminates these terms in a manner set out in this clause.

7.2 We may also terminate these terms without notice and without refunding any advance payments in the following circumstances:

7.2.1 if You breach any of the provisions of these terms and fail to remedy such breach within seven (7) days of being notified by us of the breach;

7.2.2 if you become insolvent (including being unable to pay your debts as they fall due and/or that the value of your assets is less than the amount of your liabilities taking into account your contingent and prospective liabilities), propose an individual, company or partnership voluntary arrangement, have a receiver, administrator or manager appointed over the whole or any part of your business or assets; if any petition shall be presented, order shall be made or resolution passed for your winding up (except for the purpose of a bona fide amalgamation or reconstruction), bankruptcy or dissolution (including the appointment of provisional liquidators/interim receivers or special managers); if You shall otherwise propose or enter into any composition or arrangement with your creditors or any class of them, if you cease or threaten to cease to carry on business or if you claim the benefit of any statutory moratorium;

7.2.3 if any payments made by you are refused by your card issuer or bank;

7.2.4 if you fail to pay any sums due to us by the due date.

7.3 In the event that you fail to pay us sums due we may:

7.3.1 cancel any orders you make or have made for any goods and services provided by us (including but not limited to order forms for advertising) and offset any payments you make or have made to us in respect these orders against the sums you owe us;

7.3.3 charge you interest on the overdue amount at the rate of 8% per annum above the base rate for the time being of Lloyds TSB Bank Plc (such interest will be payable both before and after any judgement or order is made against you by any court of competent jurisdiction); and
7.3.4 charge you any expenses (including but not limited to debt collection and legal expenses) we incur in respect of obtaining the sums owed to us by you.

8. CONSEQUENCES OF TERMINATION
8.1 Upon termination of these terms, the parties shall have no further obligations or rights under these terms, without prejudice to those which have accrued to either party prior to termination.

9. INDEMNITY
You agree to indemnify us and hold us harmless from and against any and all losses, demands, claims, damages, costs, expenses (including without limitation consequential losses and loss of profit, legal costs and expenses and VAT thereon) and liabilities suffered or incurred by us in consequence of any breach by you of the provisions of these terms or as a result of any acts or omissions by you in connection with your purchase of advertising.

10. LIMITATION OF LIABILITY

10.1 Nothing in these terms shall limit our liability for death or personal injury resulting from our negligence or for fraud.

10.2 Our aggregate liability in respect of any loss or damage suffered by you and arising out of or in connection with these terms, shall not exceed the amount actually paid by you to us under the order form pursuant to which you suffered the loss or damage.

10.3 We shall not be liable, in contract, tort (including negligence or misrepresentation) or for breach of statutory duty or in any other way for:

10.3.1 any loss arising from or in connection with loss of revenues, profits, contracts or business or failure to realise anticipated savings; or

10.3.2 any loss of goodwill or reputation; or

10.3.3 any indirect or consequential losses suffered or incurred by you or any third party arising out of or in connection with these Terms.
10.4 We will not be liable for any loss or damage suffered by you as a result of any transaction or contract that you may enter into with a third party.
10.5 To the fullest extent permitted under any applicable legislation or regulation we exclude all conditions and warranties implied into these terms.

11. GENERAL

11.1 We may at any time upon giving written notice to you assign any rights under these terms. You shall not without our prior written consent assign any rights under these terms, or sub-contract any or all of your obligations. Any purported assignment by you in breach of this clause shall confer no rights on the purported assignee.

11.2 No delay or failure by us to enforce any provision of these terms will be deemed a waiver or create a precedent or will prejudice our rights. 

11.3 Any notice, consent, agreement or approval sent by either party must be in writing and must be sent either by e-mail (to our email address listed below), prepaid post or facsimile to your or our last known address.

11.4 These terms (together with any documents referred to in these terms or provided by us at the same time as your agreement to these terms) comprises the entire agreement between the parties. It supersedes all prior understandings, agreements or representations. No alteration, addition or amendment to these terms shall be effective unless it is specified in writing and signed by the parties.

11.5 We may change these terms at any time without notice to you. Those changes will apply to any order forms submitted by you after the date the change becomes effective. The parties will both be bound by the terms that are current as at the date of your order form. We will notify you of any material changes that we make to these terms and provide you with a copy of the revised terms.

11.6 These terms shall be governed by and construed in accordance with English law and each party irrevocably submits to the exclusive jurisdiction of the English courts.

11.7 If any provision of the terms is, or becomes for any reason invalid or unenforceable at law, the validity and enforceability of the remainder of these terms will not be affected.

11.8 Nothing in these terms shall create or be deemed to create a partnership, joint venture or principal-agent relationship between the parties and neither party shall have authority to bind the other in any way unless expressly provided otherwise in these terms.

11.9 You may not advertise or promote the purchase of properties which are located in a territory which is not recognised as an independent country by the United Nations and/or where the United Nations, European Union or other recognised supra-governmental bodies have identified difficulties in establishing clear title to land and/or real estate.

11.10 You may not promote or advertise services that we, in our sole discretion, deem as being competitors to any part of the "A Place in the Sun" brand, including (but not limited to) overseas property magazines, exhibitions or websites that list properties being marketed by an agent other than You or more than one developer except where you are acting solely as agent rather than as media owner.

11.11 We may, in our sole discretion prohibit you from advertising or promoting certain goods and/or services in your advertisement or at any Exhibition.

12. CONFIDENTIALITY

Each Party undertakes that it will not at any time hereafter use or disclose to any person, except to its professional representatives or as may be required by law or any legal or regulatory authority, the terms and conditions or existence of these terms or any confidential information concerning the business or affairs of the other party which may have or may in the future come to its knowledge. Neither party shall use any such confidential information except for the performance of these Terms or make any announcement relating to these terms or its subject matter without the prior written approval of the other party.

13. FORCE MAJEURE

Neither party shall be liable to the other if either party is prevented from performance of any of its obligations under these Terms by any of the following events beyond their control, including but not limited to, strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents.

14. INFORMATION ABOUT US

14.1 We are APITS Limited a company registered in England and Wales under registration number 6760085. Our registered address is C/O Grunberg & Co, 10-14 Accommodation Road. London NW11 8ED.

14.2 If you have any questions, complaints or comments about the Service then please contact us on: email: sales@aplaceinthesun.com 

14.3 Our VAT number is: GB 942 8994 68

These Terms were last updated on 1 January 2014.