"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of the provisions contained in these Terms may also be superseded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withdrawn at any time or for any period.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 marketing@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 marketing@vieweet.com.
