Welcome to www.HomesBook.co.uk ("HomesBook"). By accessing HomesBook.co.uk you are agreeing to the following terms, which are designed to make sure that HomesBook works for everyone. The HomesBook service is provided to you by HomesBook.co.uk This policy is effective August 1st, 2011.
As a condition of your use of HomesBook you agree that you will not:
You are solely responsible for all information that you submit to HomesBook and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breeching the above terms. We also reserve the right at our discretion to restrict a user's usage of the site either temporarily or permanently, or refuse a user's registration.
HomesBook and the HomesBook community work together to keep the site working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system.
Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off HomesBook if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off HomesBook or not, we do not accept any liability for monitoring HomesBook or for unauthorized or unlawful content on HomesBook or use of HomesBook by users.
Some of HomesBook's features may display your listing on other sites that are part of the global HomesBook community, like on HomesBook or our classifieds sites in other countries. By using HomesBook, you agree that your listings can be displayed on these other sites. The terms for our other sites are similar to these terms, but you may be subject to additional laws or other restrictions in the countries where your listing is posted. When you choose to post your listing on another site, you may be responsible for ensuring that it does not violate our other site policies. We may remove your listing if we believe it causes problems or violates any law or policy.
HomesBook contains content from us, you, and other users. HomesBook is protected by copyright laws and international treaties. Content displayed on or via HomesBook is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from HomesBook without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in HomesBook. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of HomesBook (other than your own content). When you give us content, you are granting us and representing that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content.
Do not post content that infringes the rights of third parties, This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). A large number of very varied products are offered on HomesBook by private individuals in the UK. Entitled parties, in particular the owners of copyright, trademark rights or other rights owned by third parties can report any offers which many infringe on their rights, and submit a request for this offer to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by HomesBook.
Reporting an infringement:
In order to participate in the Notice of Infringement Programme, you only need to complete a Notice of Infringement Form and fax it to HomesBook. You can use this form, complete with your signature, to report advertisements which may infringe on your property rights. The information requested in the Notice of Infringement Form is for the purpose of ensuring that the parties reporting these objects are either the entitled party or their officially authorized representative. This information must also enable HomesBook to identify the advertisement to be removed. Once we have received your correctly completed Notice of Infringement Form, you can simply send later reports to HomesBook via the e-mail address provided.
Note: This form can only be used by the lawful owners of the intellectual property rights. "Notice of Infringement" is intended to ensure that products offered do not infringe the copyright, trademark right or other intellectual property rights of third parties. For all other questions, visitors and advertisers can get Help using HomesBook Help.
Nothing in these terms shall limit our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.
We do not review users' postings and are not involved in the actual transactions between users. As most of the content on HomesBook comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what's offered.
In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.
We cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.
Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of HomesBook, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 Pounds Sterling.
If a dispute arises between you and HomesBook, we strongly encourage you to first contact us directly to seek a resolution by going to the HomesBook Help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
These terms and the other policies posted on HomesBook constitute the entire agreement between HomesBook and you, superseding any prior agreements.
This Agreement shall be governed and construed in all respects by the laws of Scotland, England and Wales. You agree that any claim or dispute you may have against HomesBook.co.uk Limited must be resolved by the courts of Scotland, England and Wales. You and HomesBook both agree to submit to the exclusive jurisdiction of the Scottish and English Courts; for claims falling within the jurisdiction of a County Court, you and HomesBook both agree to submit to the jurisdiction of the County Court of Wandsworth.
If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.
Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to HomesBook.co.uk Limited, 6B Dalrymple Court, Kirkintilloch, Glasgow, G66 3AA. We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.
We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the site, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.