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28th August 2008

Terms and Conditions

These Terms and Conditions govern your use of the www.move2day.co.uk website and your relationship with www.move2day.co.uk (Move2day, we or us). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not register for or use the www.move2day.co.uk website. Please note that to use some of the services provided on the www.move2day.co.uk website, you are required to register as an authorised user on the website.

1) Use of the www.move2day.co.uk website.

The www.move2day.co.uk website is provided to you for your personal use subject to these Terms and Conditions. By using the www.move2day.co.uk website you agree to be bound by these terms and conditions.

Upon payment of the appropriate fee, you may use the Move2day website to advertise your home until it is sold, however we ask you to reconfirm your advertisement every two months. We reserve the right to amend or remove any advertisement as we deem appropriate.

THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.

2) Amendments.

We may update these Terms and Conditions from time to time and any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the www.move2day.co.uk website. The changes will apply to the use of the www.move2day.co.uk website after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the www.move2day.co.uk website. If you continue to use the www.move2day.co.uk website after the date on which the change comes into effect, your use of the www.move2day.co.uk website indicates your agreement to be bound by the new terms and conditions.

3) Registration.

To register with www.move2day.co.uk you must be over eighteen years of age.

You must ensure that the details provided by you on registration or at any time are correct and complete.

You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.

4) Password and Security.

When you register to use the www.move2day.co.uk website you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting Customer Services (see below for contact details) immediately.

If Move2day has reason to believe that there is likely to be a breach of security or misuse of the www.move2day.co.uk website, we may require you to change your password or we may suspend your account in accordance with paragraph 13 below.

5) Promotions terms and conditions.

a) Using Promotions.

Move2day promotions are only valid online at www.move2day.co.uk subject to these general terms and conditions, and any other specific conditions notified to you on the issue of a Promotion notice. No Promotion is redeemable through any website owned or operated by Move2day other than www.move2day.co.uk.

Redemption may be subject to you providing proof of entitlement to use the Promotional offer.

Your use of a Promotion indicates your agreement to be bound by these Terms and Conditions.

Move2day reserves the right to withdraw or cancel any Promotion for any reason at any time.

b) Distribution of Promotional Offers.

The right to use a Promotional offer is personal to the original recipient and may not be transferred. No Promotion may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the original recipient, or stored in a data retrieval system, without the prior written permission of Move2day.

Promotions distributed or circulated without the written approval of Move2day, for example on an Internet message board or on a "bargains" website, are not valid for use and may be refused or cancelled.

c) Permitted Use of Promotion Offers.

Unless expressly stated otherwise at the time of issue of the Promotional Offer;

  • Each issued offer will be valid for use by a recipient only once.
  • Only one offer will be valid for use per customer.
  • A Promotional offer may not be used in conjunction with any other special offer or Promotional Code.
  • Promotional offers or codes cannot be exchanged for cash.

d) Excluded Goods and Services.

Promotional offers may be limited to redemption in respect of certain products or services or certain products or services may be excluded from the ambit of use of the Promotional offer, in which case notice will be given to you at the time of issue of the Promotion.

Excluded goods and services will not count towards any qualifying conditions for offers and will not benefit from any promotional discount.

e) Minimum Spend Requirements.

Where the use of a Promotion is subject to a minimum spending requirement, the use is only permitted in respect of the purchase of qualifying products, which will be communicated to you at the time of issue of the Promotional offer.

f) Calculation of Discount.

Where an online offer states that a percentage discount will be given on a purchase, the cost of the qualifying purchases will be reduced by the stated discount percentage.

Supplementary charges such as delivery or postage & packing shall not be discounted unless specifically quoted in the offer description.

g) Security and Fraud.

When you use a Promotional offer you warrant to Move2day that you are the duly authorised recipient of the Promotional offer and that you are using it in good faith.

If you use, attempt to use or encourage the use of Promotions to obtain discounts to which you or a third party are not entitled you may be committing a civil or criminal offence.

If we reasonably believe that any Promotional offer is being used unlawfully or illegally we may reject or cancel any Promotional offer and you agree that you will have no claim against us in respect of any rejection or cancellation. Move2day reserves the right to take any further action it deems appropriate in such instances.

If we refuse a Promotion entered as part of an order, for any reason, we will inform you before the order is processed to advise of the correct cost of the order and give you the opportunity to cancel the order.

h) Limitation of Liability.

At all times our acceptance of an order takes place on your placement of the order, at which point the purchase contract will be made and you will be charged for your order.

Move2day shall not be liable to any customer or household for any financial loss arising out of the refusal, cancellation or withdrawal of any offer or any failure or inability of a customer or household to use any Promotional offer for any reason.

i) Miscellaneous.

We reserve the right to vary or terminate the operation of any Promotion at any time without notice.

The failure of Move2day to take any action in respect of a breach of these terms and conditions shall not constitute a waiver of their enforceability. Move2day reserves its rights in respect of these terms and conditions at all times.

6) Refunds on Promotional Offers.

Refunds for goods purchased under a promotional offer will be based on the terms of the promotional price. Your Statutory Rights are not affected.

7) Excluded Services.

The services provided by the www.move2day.co.uk website do not include the provision of computer or other necessary equipment to access the www.move2day.co.uk website. To use the www.move2day.co.uk website you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur.

8) Intellectual Property.

The content of the www.move2day.co.uk website is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the www.move2day.co.uk website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the www.move2day.co.uk website without written permission from Move2day.

No licence is granted to you in these Terms and Conditions to use any trade mark of Move2day or its affiliated companies including, without limitation the trade marks Move2day and www.move2day.co.uk

9) Limitations.

You may not use the www.move2day.co.uk website for any of the following purposes:

  • Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
  • Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
  • Gaining unauthorised access to other computer systems.
  • Interfering with any other person's use or enjoyment of the www.move2day.co.uk website.
  • Breaching any laws concerning the use of public telecommunications networks.
  • Interfering or disrupting networks or websites connected to the www.move2day.co.uk website.
  • Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

Move2day reserves the right to refuse to post material on the www.move2day.co.uk website or to remove material already posted on the www.move2day.co.uk website.

You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out of or in connection with:

  • Any claim by any third party that the use of the www.move2day.co.uk Website by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice.
  • Any claim by any third party that the use of the www.move2day.co.uk website by you infringes that third party's copyright or other intellectual property rights of whatever nature.
  • Any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the www.move2day.co.uk website by you.
  • Any claim by a third party arising from contracts that you may be bound by with them and you are deemed to have contravened by advertising or selling with Move2day.

10) Availability of the www.move2day.co.uk website.

Although Move2day aims to offer you the best service possible, Move2day makes no promise that the services at the www.move2day.co.uk website will meet your requirements. Move2day cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to the Customer Services (see below for contact details) or by email at customerservices@move2day.co.uk and we will attempt to correct the fault as soon as we reasonably can.

Your access to the www.move2day.co.uk website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Move2day will attempt to restore the service as soon as it reasonably can.

11) Consent.

By submitting your property details to Move2day for publication, you hereby confirm that:

  • You are the legal owner of the property with the right to sell, or you have the legal power of attorney on behalf of the property owner.
  • You agree to Move2day publishing these details for you.
  • The details and photographs supplied by you are true and accurate and not misleading in any way and comply with the provisions of the property mis-descriptions Act 1991.
  • You are the copyright owner of any photographs and descriptions supplied for publication.
  • By using the services of Move2day you are not contravening any existing contracts you have made with third party organisations.
  • You agree to adhere to local planning regulations which state that only one ‘for-sale’ board may be displayed outside a property at any time.

12) Warranty.

Whilst we endeavour to ensure that any material available for downloading from this Website is not contaminated in any way, we do not warrant that such material will be free from infection, viruses and/or similar code.

Due to the nature of software and the Internet, we do not warrant that your access to, or the running of, this Website will be uninterrupted or error free. We shall not be liable if we cannot process your details due to circumstances beyond our reasonable control.

The information provided on this Website is for general interest only and does not constitute specific advice. Whilst we endeavour to ensure that the information on the Website is accurate, complete and up-to-date we make no warranties or representations that this is the case.

If any provision of these Terms of Use shall be deemed unenforceable or invalid then that provision shall be deemed sever able from the remaining terms and those remaining terms shall be valid and enforceable to the fullest extent permitted by law.

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

13) Move2day’s right to suspend or cancel your registration.

Move2day may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.

You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the www.move2day.co.uk website.

The suspension or cancellation of your registration and your right to use the www.move2day.co.uk website shall not affect either parties rights or liabilities.

Paragraphs 9, 10,11 & 13 of these Terms and Conditions shall survive cancellation.

14) Move2day Liability.

The www.move2day.co.uk website is provided by Move2day without any warranties or guarantees. You must bear the risks associated with the use of the Internet.

The www.move2day.co.uk website provides content from other Internet sites or resources and while Move2day tries to ensure that material included on the www.move2day.co.uk website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Move2day will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the www.move2day.co.uk website. If Move2day is informed of any inaccuracies in the material on the website we will attempt to correct the inaccuracies as soon as we reasonably can.

In particular, we disclaim all liabilities in connection with the following:

  • Incompatibility of the www.move2day.co.uk website with any of your equipment, software or telecommunications links.
  • Technical problems including errors or interruptions of the www.move2day.co.uk website.
  • Unsuitability, unreliability or inaccuracy of the www.move2day.co.uk website.
  • The inadequacy or inability of the www.move2day.co.uk website, to meet your requirements.

To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the www.move2day.co.uk website.

Nothing in this paragraph applies to Move2day's liability in respect to tangible products sold.

Nothing in these Terms and Conditions shall exclude Move2day's liability for personal injury or death caused by its negligence.

15) Third Party Websites.

As a convenience to Move2day customers, the Move2day website includes links to other websites or material which are beyond its control. Move2day is not responsible for content on the Internet or World Wide Web pages, or any other site outside the www.move2day.co.uk website.

16) Advertising and Sponsorship.

Part of the www.move2day.co.uk website contains advertising and sponsorship. Advertisers and Sponsors are responsible for ensuring that material submitted for inclusion on the www.move2day.co.uk website complies with relevant laws and codes.

All property listings, and the content described with the each advert are based upon information supplied and edited directly by the owner, or on behalf of the owner. We cannot verify these details and therefore make no warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at your own risk.

These property particulars are displayed in good faith and do not constitute or form part of any contract. Move2day does not take any responsibility for the accuracy of the information contained in these web pages and documents. Move2day specifically recommends that all particulars be independently verified prior to entering into any form of transaction or contract.

Move2day encourages advertisers & sponsors to provide accurate information but disclaim all warranties with regard to the information contained on these pages.

In no event or circumstance shall Move2day be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other indirect action, arising out of or in connection with the use or performance of this information. Move2day specifically recommends that professional and legal advice be taken before entering into any form of transaction or contract.

We will not be responsible for any error or inaccuracy in advertising and sponsorship material.

17) Applicable Law.

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and only the English Courts will decide any disputes.

18) International Use.

Move2day makes no promise that materials on the www.move2day.co.uk Website are appropriate or available for use in locations outside the United Kingdom, and accessing the www.move2day.co.uk website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so, on your own initiative and are responsible for compliance with local laws of the land.

19) Expiry Date of Payment Card.

Please ensure that the expiry date of your payment card is after the anticipated date of your order. Payment is taken at the point of order and in the event that the payment card has expired we will be unable to take payment and fulfil your order.

20) Delivery Policy.

If you live on the UK mainland the goods will generally be delivered to you within ten working days, i.e. Monday to Friday excluding bank holidays.

21) Miscellaneous.

You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

If you breach these Terms and Conditions and Move2day ignores this, Move2day will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.

Move2day shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.

A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.

By entering this Website you are deemed to have accepted the terms of use as outlined above.

The www.move2day.co.uk website is owned and operated by Move2day, 40 Netherfields Cresent, Middlesbrough, TS9 0QL.

If you have any further queries please Contact us.

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