TERMS & CONDITIONS
Last updated: 27th April 2011
Welcome to GlassBob.com. By using our website and services, you are agreeing to be bound by all of these terms and conditions. If you do not wish to be bound these terms and conditions, then you should refrain from using this website. We may change or update these terms at any time without prior notice. Your continued use of GlassBob.com means that you accept any new or modified terms. So please check back here from time to time.
INFORMATION ABOUT US
GlassBob.com (the "website") is operated by James Bradley and Gen Au-Yeung ("We/Us").
Our main trading address is Greyfields Court, Kinver, West Midlands, DY7 5NQ .
The services we provide consist of the provision of a criteria matching service to be used for identifying properties where mutual owners of the properties may be interested in a sale & purchase, or where mutual tenants of rented properties may be interested in a property swap. The services are intended to facilitate the communications of respective parties in the possibility of a property exchange. We make no guarantee as to the likelihood of a user finding a suitable property for exchange. Furthermore, we cannot verify the integrity, suitability or condition of any of the properties listed on the website, nor do we make any warranties or representations as to the accuracy, completeness or suitability of any information shown on the website.
Access to the website is permitted on a temporary basis, and we reserve the right to withdraw or amend the website without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may at our reasonable discretion restrict access to some parts of our site, or our entire website, to users.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms and conditions, and that they comply with them.
To the fullest extent permitted by law, we and any third parties connected to us hereby expressly exclude:
3.1 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity with respect to the site or the information, content, materials or products included in the site;
3.2 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
3.2.1 loss of income or revenue;
3.2.2 loss of business;
3.2.3 loss of profits or contracts;
3.2.4 loss of data;
3.2.5 loss of goodwill; and
3.2.6 any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
We will also not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
You agree to indemnify us against any breach by you of these terms and conditions, and any claim or demand brought against us by any third party arising out of your use of the site including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by us in consequence of your breach of such terms and conditions.
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
We are the owner or the licensee of all intellectual property rights in the website, and in the material published on it. These works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others to material posted on our site. However, you may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any materials or content of the site without our written permission. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
If you print off, copy or download any part of our site in breach of these terms and conditions, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
No licence is granted to you in these general terms and conditions of any trade mark owned by us.
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise any and all intellectual property rights you have in the content. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.
Links to other sites are intended for information purposes only. The presence of such links does not constitute an endorsement to the content of these sites. We have no control over the contents 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 may use the website only for lawful purposes, and you agree not to post to this website or to its members via use of this website, any material which is misleading, abusive, vulgar, obscene, hateful, inaccurate, fraudulent, unlawful, threatening, harassing, defamatory, in breach of any copyright or intellectual property, damaging to the data held or performance on our computer system. We reserve the right to remove any material which is considered inappropriate from the website without notice. We will report any breach of this provision to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
When you register to access the website you will be required to complete the registration process by providing certain information and registering a username and password. You are responsible for maintaining the confidentiality of the username and password. You are fully responsible for any unauthorised person's use of the website, including all financial charges and legal liability that he or she may incur. We recommend that you change your password from time to time for additional security. If you believe someone has accessed the website using your user name and password without your authorisation, you should notify us by contacting email@example.com immediately.
By requesting us to place an advertisement for a property on our website, you warrant that:
9.1 You are legally capable of entering into binding contracts;
9.2 You are at least 18 years old;
9.3 You are resident in the UK;
9.4 The reproduction and/or publication of such advertisement will not breach any legislation, regulation (governmental or otherwise) or contract or infringe or violate any copyright, trademark, or other personal or proprietary right of any person or render us liable to any proceedings whatsoever.
No contract will be formed between you and us until you confirm your order to upgrade to "full membership" and we receive payment from you. At any point up until then, we may decline your use to any functionality only available with "full membership".
The price for "full membership" on the website will be as quoted on our site from time to time, except in cases of obvious error.
You may cancel an order for "full membership" at any time up to the expiry of seven working days beginning with the day after the day on which you place an order for "full membership". However, you accept that if we have commenced providing services in relation to your "full membership" prior to the expiry of such seven day cancellation period you will lose your right to cancel. We will start to provide services to you as soon as you send your first message. Upon cancellation, you shall be entitled to a full refund.
Placing an advert on our website is free, and so will not form any part of the contract for ordering "full membership". Therefore, in the event of any error in the publishing of an advertisement caused by our act or omission, no refund will be applicable.
Payment must be made using Pay Pal, via any payment method acceptable to Pay Pal.
All payment information is held by Pay Pal who will be responsible for debiting the correct amount from your card or bank.
Should any clause in these Terms & Conditions be declared invalid or unenforceable by any court where no appeal can be taken, then all other clauses or parts of clauses from these Terms & Conditions will not be affected, and will remain in full force and effect.
Anyone not adhering to these Terms & Conditions shall have no right to enforce any of the Terms & Conditions.
These terms & conditions shall be governed by the laws of England and Wales, and you agree that any disputes or claims against us must be resolved by the courts of England and Wales.
Your membership to the website can be terminated by yourself or us at any time. To unsubscribe your membership, log into the website, go to "My Account", select "Unsubscribe" and follow the on-screen instructions.
As a private seller, you will ensure that you comply with all relevant UK legislation that applies to the marketing of a property for sale, including without limitation, the Housing Act 2004 and The Energy Performance of Buildings (Certificates and Inspections) (England and Wales Regulations 2007). In particular, you are required to have at least "commissioned" an Energy Performance Certificate (EPC) prior to selling a home, which includes a transaction by way of property swap. If you already have an EPC, for instance from an existing Home Information Pack (HIP), you are free to use that. For more information, please refer to the EPC site: epc.direct.gov.uk
By advertising your property on our website, you acknowledge that you have either:
- Already instructed an accredited Energy Assessor to carry out an energy performance assessment.
- Are awaiting receipt of an EPC.
- Or already received an EPC.
You will indemnify us and keep us indemnified against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever incurred by us arising directly or reasonably foreseeably as a result of any failure by you to comply with this requirement.
For rental property swaps, it is your responsibility to inform the landlord and ensure that permission has been granted for the exchange to take place. You will indemnify us and keep us indemnified against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever incurred by us arising directly or reasonably foreseeably as a result of any failure by you to comply with this requirement.
You must not including your contact details on any part of the property advert, which includes the Property Description and Photo Description fields. Inclusion or indication of your contact details such as your telephone number or email address will result in the termination of your Glass Bob membership and removal of your advert. The termination of your membership under these circumstances will not be refundable.
We can be contacted in writing at Glass Bob, Greyfields Court, Kinver, West Midlands, DY7 5NQ. We can also be contacted by email at info@GlassBob.com
If you have any concerns about material which appears on our site, please contact us at firstname.lastname@example.org. If a dispute arises between you and us, we strongly encourage you to first contact us directly to seek a resolution by way of email, or in writing. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
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 from that Act.
We shall not be responsible for any breach of these terms and conditions caused by circumstances beyond our control.