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Introduction
Mouse-Move.Com is the trading name of Mouse Move Ltd,
registered in England and Wales No.[5859415].
Mouse Move Ltd is registered under the Data Protection Act 1998,
registration number [Z9565418].
Registered office address is Mouse Move Ltd, Whitby Court, Abbey
Road, Shepley, HUDDERSFIELD HD8 8EL with VAT No [8907364 91].
1 ACCEPTANCE OF TERMS
1.1 In all following paragraphs, the terms 'you' and 'your'
refers to the customer/advertiser/vendor.
'We/us/our/ours/The Company' refers to Mouse-Move.Com,
the publisher of online advertising purchased by the customer and
provided through the website network of Mouse-Move.Com or
its partner sites.
1.2 Your access to, and use of, Mouse-Move.Com ('The
Website') and any services ('The Services') referred to in Clause
2, is subject exclusively to these Terms and Conditions. You will
not use The Website/Services for any purpose that is unlawful or
prohibited by these Terms and Conditions.
By accessing and using The Services, you agree that you have
read and understand the terms and that you agree to be bound by
them, without limitation or qualification and that no signatures
are required to implement these said terms as used on this web site
Mouse-Move.Com please read them carefully.
You understand, agree and acknowledge that your use, and The
Services provided to you, are exclusively governed by these Terms
which cannot be modified by you.
1.3 We reserve the right to update or amend these Terms and
Conditions at any time. Your continued use of The Website/Services
following any changes shall be deemed to be your acceptance of such
change. It is therefore your responsibility to check the Terms and
Conditions regularly for any such amendments.
1.4 Mouse-Move.Com is not, and does not,
act as an estate agent. We simply allow private sellers, property
developers, agents or dealers to advertise properties and vehicles
on our web site to facilitate the selling or letting of the
property or vehicles advertised in the United Kingdom or
Overseas.
2 OUR SERVICE TO ADVERTISERS
2.1 The rate payable for publication and transmission of any
property For Sale or To Let within the homes, holiday homes and
businesses 4 sale section of Mouse-Move.Com web site shall
be as follows that the Basic Package is £39.95 the Standard Package
is £69.95 and the Premium Package is £189.95 unless as otherwise
agreed with you or is displayed on the web site.
The rate payable for publication and transmission of any
vehicles For Sale within the autos section of Mouse-Move.Com
web site shall be as follows that the Basic Package is £9.95 and
the Standard Package is £24.95 unless as otherwise agreed with you
or is displayed on the web site.
2.2 All fees related to advertising on the web site
Mouse-Move.Com are collected in GBP (pounds sterling)
2.3 The payment is a one-off payment and relates to the
placement of one advertisement only. (Discounts are available for
multi-listings) for further details of listing multiple properties
or vehicles contact us at
multilisting@mouse-move.com
2.4 The fee that is charged covers the set up cost of each
property/vehicle that is advertised on the web site as well as the
cost of administration. Once the the details are uploaded and
published to the web site Mouse-Move.Com for a period in
excess of 7 days, our service will be deemed to have been fully
delivered, even though your advert and our customer support will
continue until the chosen advertising package expires or you sell
or withdraw the property/vehicle advertised.
2.5 Where we mention "Until Sold" we mean that the property or
vehicle will remain on our system and advertised until it's sold,
withdrawn or 1 year has passed from the date the service was
purchased. After which Mouse Move.Com will have the right to
discontinue the advert which includes the re-advertising on partner
sites.
2.5.1 Services that fall under the "Until Let" option have
purchased a period for 1 year from the date of purchase, after
which the advert will expire which includes the re-advertising on
partner sites.
2.6 We reserve the right to refuse to publish any advertisement
regardless of whether the advertisement has been accepted or
previously published.
2.7 We may require any alteration of an advertisement considered
necessary or desirable as a prior condition of its publication,
irrespective of whether such advertisement has been accepted or
previously published.
2.8 We will only permit standard abbreviations. No hyperlinks or
metatags may be included in any advertisements except with the
prior consent of The Company.
2.9 By placing your advert with us you are granting us a
license, with a right to sub-license, to reproduce that advert
(including in a modified form) as part of, or in association with,
our service on any website or any other media controlled by us.
3 ADVERTISERS AGREEMENT
3.1 You declare that you are the legal owner of the property
with the sole right to sell or let the property/vehicle, or that
you have legal power of attorney on behalf of the property/vehicle
owner.
3.2 You declare that you have obtained permission from the owner
of any photographs used in the advertisement. Mouse-Move.Com
will not be held liable for breach of copyright. You agree to
indemnify us in respect of any claims against us or expenses
incurred by us in respect of any breach of copyright issues.
3.3 By submitting your advert to us, you are agreeing that the
advert should be published on the website.
3.4 You declare that the advertisement is legal, decent, honest
and truthful and that it complies with the British Codes of
Advertising and Sales Promotion, with any other relevant codes of
practice and with all requirements of current legislation.
3.5 You declare that nothing in the advertisement is defamatory
or constitutes a malicious falsehood.
3.6 You declare that the publication of the advertisement will
not infringe copyright or any other rights vested in a third
party.
3.7 You declare that the advertiser has secured all necessary
authorities and consents in respect of the use in the advertisement
of any pictorial representations or other representations of (or
purporting to be of) living persons and of references to any words
attributed to living persons.
3.8 You agree to Mouse-Move.Com publishing these details
for you on the company's web site Mouse-Move.Com or its
partner sites.
3.9 You declare that the details supplied by you are TRUE and
ACCURATE and not misleading in any way. Mouse-Move.Com does
not take any responsibility for the accuracy of the information
supplied and cannot be held liable.
3.10 You declare that on receipt by Mouse Move Ltd of
your payment, advertising of your property for sale or to let or
vehicle (the service) is to commence within 24 hours.
3.11 You declare that if you have a contract with an estate
agent, you have independently checked your contract with the estate
agent with regards to the terms and conditions of that contract, to
determine whether or not you must pay the estate agents commission
if the property is sold by you privately. If later it is found that
you are legally bound to pay the estate agents commission, Mouse
Move Ltd will not be held liable.
3.12 You agree that only one property or vehicle may appear in
each advert listed on the web site Mouse-Move.Com
3.13 You agree that if you purchase a 'For Sale' or 'To Let'
sign that you will assemble the sign and comply with the local
planning authority regulations in the area where the property is
advertised/to be sold/to be let.
3.14 You agree that Mouse Move Ltd will not be held liable for
any form of indirect or consequential injury or damage caused by
the For Sale / To Let sign.
3.15 You agree that you will be responsible for setting your own
selling price or rental price of the property or vehicle that is
advertised.
3.16 You agree that we may edit or delete any descriptions or
property details submitted.
3.17 You agree that you will arrange and conduct viewings for
the advertised property or vehicle until sold or withdrawn and that
you will remove or inform Mouse Move Ltd once the advertised
property or vehicle has been sold, rented or withdrawn.
3.18 You agree that i f you are contacted, through your use of
this website, by a third party who appears to be non bona-fide or
who acts dishonestly or incorrectly in any way or who contacts you
for any other purpose than to negotiate the purchase of the item
you have advertised (such as sale of its services), you will
contact Mouse Move Ltd, Marnley House, Chapel Lane, Penistone,
SHEFFIELD S36 6AQ or email our
customer
services team with full details.
3.19 You agree that if you have selected the 'Special 90 day
Free trial advertisement, it is a private advert and not for
business.
4 REFUND POLICY
4.1 You may cancel your subscription within 24 hours of payment
and you will receive a full refund if you change your mind and
decide not to use our services, though we will make a charge of £15
to cover our administration costs. (The administration costs cover
our time in removing your details from our system as well as
arranging the repayment of monies received.)
4.2 If you decide to cancel you must notify us via e-mail to
customer
services and, at the same time, call our customer care
department on 0845 665 5066 between the hours of 9am - 5.30pm
Monday to Friday where a record of your call cancelling your advert
will be kept.
4.3 No refund will be made after 24 hours of payment.
Continuance of services thereafter is deemed to be 'free of
charge'.
4.4 Due to the nature of the internet, interruptions of service
may occur as a result of circumstances beyond our control. We
cannot guarantee uninterrupted error-free access to our website or
the websites of our external advertising partners. Therefore, no
refunds will be given for temporary or permanent loss of service
however arising. This includes, but is not limited to,
Mouse-Move.Com and any external websites used for
advertising purposes. Our liability will be limited to a sum equal
to the value of the advertising fee received, for whatever
reason.
4.5 To enable us to keep our data base up to date we require all
advertisers to log on to their online control panel at least once
every 90 days to re-affirm that their property or vehicle is still
available for sale or let. No refunds will be given if your
property or vehicle advert is deleted as a consequence of your
failure to activate your account at regular 90 day intervals.
Automated reminders will be sent.
4.6 Mouse Move Ltd will not be liable to you in any
respect in the event that the company ceases to trade for whatever
reason.
4.7 Your statutory consumer rights are not affected.
5 Buyers - Browsers
This section of the website has been set up so that private
sellers, together with developers, builders, agents or vehicle
dealers, can advertise and promote their respective properties or
vehicles for sale using the Internet. YOU AGREE TO ONLY CONTACT A
PARTY ADVERTISING ON THIS WEBSITE IF YOU HAVE A GENUINE INTEREST IN
PURCHASING THE ITEM BEING OFFERED. YOU AGREE NOT TO CONTACT ANY
PERSON FOR ANY OTHER PURPOSE SUCH AS OFFERING YOUR OR ANY THIRD
PARTY'S, GOODS OR SERVICES OR OTHERWISE SEEKING TO SOLICIT BUSINESS
IN ANY WAY.
6 COMPLAINTS - SELLERS AND BUYERS
Please contact us through our Customer Care Department (0854 665
5066)
We will do our utmost to resolve the complaint to your
satisfaction and in the shortest possible time
You may also contact us by email to
customer
services
7 PROPERTY DEVELOPERS - BUILDERS
Where more than one property is to be advertised, we offer very
attractive advertising packages. Mouse Move Ltd takes no
commission and promotion of your own commercial website is
permitted.
If you are a developer and require further details of this
service please email
sales or
call us on (0854 665 5066) to discuss your requirements. Overseas
callers should dial 0044 1226 370 072.
8 CHILD SUPERVISION
We are concerned about the safety and privacy of our users,
particularly children. Parents who wish to allow their children
access to, and use of, The Website/Services should supervise such
access and use. By allowing your child access to The Services you
are allowing your child access to all of The Services, including
email, bulletin boards, chat areas, news groups, forums and/or
other message or communication facilities. It is therefore your
responsibility to determine which Services are appropriate for your
child. Always use caution when revealing personal information about
yourself or your children via any of the Services.
9 PRIVACY POLICIES
9.1 We are committed to responsible data management and
subscribe to the principals of the data protection legislation in
the United Kingdom. We are committed to maintaining the privacy of
our users and maintaining the security of any personal information
received from you. If you register for any of the Services you will
be asked to provide basic personal information. The information
provided by you is not available for sale or use by third parties.
The information is used solely for notifying you of changes or
updates to the Website/Services.
9.2 We use a technology called 'cookies' as part of our normal
business procedure to track patterns of behaviour of visitors to
the Website. A cookie is an element of data that the Website sends
to your browser that is then stored on your system. You can set
your browser to prevent this happening. Any information collected
in this way can be used to identify you unless you change your
browser settings.
9.3 When you build your advert on our web site, certain personal
information and data will be captured and stored electronically on
our company's database.
9.4 You choose what data will be part of the advert and
published to both the Mouse-Move.Com web site and our advertising
partner's web sites which are then displayed to the general
public.
9.5 We may use this information to inform you of news, offers or
products which we feel may be of interest to you. If at any time
you decide that you would not like to receive this information you
may 'opt out' by ticking the relevant tick box.
9.6 If you would like to change any details held by Mouse
Move.Com simply logon to your control panel or email Customer Care
at Mouse-Move.Com at the following address
customercare@mouse-move.com
9.7 When you pay by credit or debit card on-line, we do not
store your card details. We use Royal Bank of Scotland Merchant
Services to process your payment; this will need to be changed once
we have the payment gateway set up.
9.8 We will not disclose or make use of your personal
information for direct marketing activities, or supply this
information to third parties for their direct marketing activities
without your prior written consent
10 DATA PROTECTION
We are registered to collect information in accordance with the
Data Protection Act 1998. Our registration number is [Z9565418]
11 USER ACCOUNT, PASSWORD AND SECURITY
If a particular Service requires you to open an account you will
be required to complete the registration process by providing
certain information and registering a username and password for use
with that Service. You are responsible for maintaining the
confidentiality of the username and password and also for all
activities which take place under your account. You agree to
immediately notify us of any unauthorised use of your password or
account, or any other breach of security. In no event whatsoever
will Mouse-Move.Com be liable for any indirect or
consequential loss or damage resulting from the disclosure of your
username and/or password. You may not use another person's account
at any time, without the express permission of the account
holder.
12 ACCEPTABLE USE
12.1 You acknowledge that all information, text, graphics,
logos, photographs, images, moving images, sound, illustrations and
other materials ("the Content"), whether posted publicly or
transmitted privately, are the sole responsibility of the person
from whom such Content originated. We do not control or endorse the
Content and cannot guarantee the accuracy, integrity or quality of
such Content and you acknowledge that by using the Services you may
be exposed to Content that is offensive and/or indecent.
Mouse-Move.Com will not be liable in any way for any Content
or for any loss or damage of any kind resulting from the use of any
Content transmitted via the Services and you agree to bear all
risks associated with the use of any Content, including any
reliance on the accuracy or completeness of such Content.
12.2 In using the Website/Services you agree not to:
12.2.1 Use the Services to send junk email, spam, chain letters,
pyramid schemes or any other unsolicited messages, commercial or
otherwise;
12.2.2 Post, publish, distribute or disseminate material or
information that is defamatory, infringing, obscene, indecent,
threatening, abusive, harassing or unlawful;
12.2.3 post, publish, distribute or disseminate material or
information that incites discrimination, hate or violence towards
any person or group on account of their race, religion, disability,
nationality or otherwise;
12.2.4 Threaten, abuse, disrupt, stalk or otherwise violate the
legal rights (including rights of privacy and publicity) of
others;
12.2.5 Use any information or material in any manner that
infringes any copyright, trademark, patent or other proprietary
right of any party;
12.2.6 make available or upload files that contain a virus,
worm, Trojan or corrupt data that may damage the operation of the
computer or property of another;
12.2.7 Collect or store personal information about others,
including email addresses;
12.2.8 Advertise or offer to buy or sell goods or services for
any commercial purpose, unless such communication facility
specifically allows such messages;
12.2.9 Impersonate any person or entity for the purpose of
misleading others;
12.2.10 Violate any applicable laws or regulations;
12.2.11 Use the Website/Services in any manner that could
damage, disable, overburden or impair the Website/Services or
interfere with any other party's use and enjoyment of the
Website/Services;
12.2.12 Post, publish, distribute or disseminate material or
information that you do not have a right to transmit under any law
or under contractual or fiduciary relationships (such as inside
information or confidential information disclosed in the course of
employment or under a confidentiality agreement);
12.2.13 Attempt to gain unauthorised access to any of the
Services, other accounts, computer systems or networks connected to
the Website/Services through hacking, password mining or any other
means.
12.3 We have no obligation to monitor the Services but shall be
entitled to review materials posted to a communications facility
and, at our sole discretion, to remove any material that breaches
these Terms and Conditions or is otherwise objectionable.
13 TERMINATION
We have the right to terminate your access to any or all of the
Services at any time, without notice, for any reason, including
without limitation, breach of these Terms and Conditions. We may
also at any time, at our sole discretion, discontinue the
Website/Services or any part thereof without prior notice and you
agree that we shall not be liable to you or any third party for any
termination of your access to the Website/Services.
14 LINKS TO THIRD PARTY WEBSITES
The Website/Services may include links to third party websites
that are controlled and maintained by others. Any link to other
websites is not an endorsement of such websites and you acknowledge
and agree that Mouse-Move.Com is not responsible for the
content or availability of any such sites.
15 INTERNATIONAL USE
You agree to comply with all applicable laws regarding the
transmission of technical data exported from the United Kingdom or
the country in which you reside (if different) and with all local
laws and rules regarding acceptable use of and conduct on the
Internet.
16 INTELLECTUAL PROPERTY RIGHTS
16.1 The Website and its content (including without limitation,
the Website design, text, graphics and all software and source
codes connected with the Website and the Services) are protected by
copyright, trade marks, patents and other intellectual property
rights and laws. In accessing the Website you agree that you will
access the contents solely for your personal, non-commercial use.
None of the content may be downloaded, copied, reproduced,
transmitted, stored, sold or distributed without the prior written
consent of the copyright holder. This excludes the downloading,
copying and/or printing of pages of the Website for personal,
non-commercial home use only.
16.2 Mouse-Move.Com does not claim ownership of any
materials you post, upload or submit to any publicly accessible
area of the Services. However, by doing so you are granting us a
world-wide, royalty-free, non-exclusive licence to copy,
distribute, transmit, reproduce, publicly display, edit, translate
or publish such Content for as long as you elect to display such
Content via the Services. The licence shall be terminated when such
Content is deleted from the Services.
17 INDEMNITY
You agree to indemnify and hold Mouse-Move.Com harmless
from, and against any, breach by you of these Terms and Conditions
and any claim or demand brought against Mouse-Move.Com by
any third party arising out of your use of the Services and/or any
Content submitted, posted or transmitted through the Services,
including without limitation, all claims, actions, proceedings,
losses, liabilities, damages, costs, expenses (including reasonable
legal costs and expenses) howsoever suffered or incurred by
Mouse-Move.Com in consequence of your breach of these Terms
and Conditions.
18 DISCLAIMERS AND LIMITATION OF LIABILITY
MOUSE MOVE LTD ACCEPTS NO RESPONSIBILITY FOR ANY LOSS OR
DAMAGE YOU MAY SUFFER AS A RESULT OF YOUR USE OF THIS WEBSITE
UNLESS THAT LOSS COMES ABOUT AS A RESULT OF SOME FRAUD OR SERIOUS
MISCONDUCT ON THE PART OF MOUSE MOVE LTD.
18.1 Use of the Website/Services is at your own risk. The
Website/Services are provided on an 'AS IS' and 'AS AVAILABLE'
basis without any representation or endorsement made and without
warranty of any kind whether express or implied, including, but not
limited to, the implied warranties of satisfactory quality, fitness
for a particular purpose, non-infringement, compatibility, security
and accuracy.
18.2 To the extent permitted by law, Mouse-Move.Com will
not be liable for any indirect or consequential loss or damage
whatsoever (including, without limitation, loss of business,
opportunity, data, profits) arising out of or in connection with
the use of the Website/Services. In addition, any advertisements on
the website do not constitute a binding offer so that acceptance by
the user can bind the party advertising on this website or the
company Mouse Move Ltd.
18.3 Mouse-Move.Com makes no warranty that the
Website/Services will meet your requirements, that Content will be
accurate or reliable, that the functionality of the
Website/Services will be uninterrupted or error free, that defects
will be corrected or that the Website/Services or the server that
makes them available are free of viruses or anything else which may
be harmful or destructive.
18.4 Nothing in these Terms and Conditions shall be construed so
as to exclude or limit the liability of Mouse-Move.Com for
death or personal injury as a result of the negligence of
Mouse-Move.Com.
18.5 Nothing in these Terms and Conditions shall affect your
statutory rights as a consumer.
19 SEVERANCE
If any of these Terms and Conditions should be determined to be
invalid, illegal or unenforceable for any reason by any court of
competent jurisdiction then such Term or Condition shall be severed
and the remaining Terms and Conditions shall survive and remain in
full force and effect and continue to be binding and
enforceable.
20 GOVERNING LAW
These Terms and Conditions shall be governed by, and construed
in accordance with, the law of England and you hereby submit to the
exclusive jurisdiction of the English courts. |