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Terms and Conditions

Welcome to Property&U and our related websites, services, applications and tools (referred to as our "Marketplace" or "Portal" provided to you by SYB (UK) Ltd ("We", "Us" and "Our"), a company registered in England and Wales with company number SYB UK LTD “SYB” registered office is at 9, Hilltop Close, Maltby, Rotherham, South Yorkshire UK S66 8QF.

These terms and conditions (the "Terms") constitute a legally binding contract between you, the user, and us when you create an account with us. You also accept this Terms and Conditions when you browse or access our site. Please read these Terms carefully as they explain the legal relationship between you and us and will govern your use of the Property&U site or our ‘Marketplace’ and the services made available through it by SYB.

As a condition of you accessing or using our Portal/ Marketplace and/or any content, materials or services made available through it you are agreeing to be legally bound by the following Terms and Conditions.

We reserve the right to change these Terms from time to time in our sole discretion. Your use of the Portal/ Marketplace will be subject to the most recent version of the Terms and Conditions posted on the Service at the time of such use.

If you would like to contact us about the Site, please do so using the contact form or by emailing us at: mailbox@sybestates.co.uk.

You do not need to register as a member of our Marketplace in order to browse, our Portal. If you are browsing and have not yet registered with us, your use of the Portal will still be subject to these Terms and as such will enter into a binding contract.

Liability

1.1 Nothing in these terms shall limit our liability for fraudulent misrepresentation or for death or personal injury when resulting from our negligence or the negligence of our agents or employees.

Subject to section 1.1 above:

1.2 You agree to not to hold us responsible for what you or other users post or do. We do not review users’ postings or emails and are not involved in transactions between users as most of the content on our Marketplace comes from other users we do not guarantee the accuracy of the postings, or user communications. You agree that any reliance you place on any materials or information made available on the Portal is entirely at your own risk.

1.3 We also do not guarantee the quality, safety, or quality of what is offered. You agree that you are responsible for your own personal safety when you transact with other users on our Marketplace.

1.4 In no event do we accept liability 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. You agree that you are responsible for your own conduct and are responsible for such.

1.5 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 purpose and that arising from statue. 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, or inability to use our Portal or Marketplace, even if you advise us or we could reasonably foresee the possibility of any such damage occurring.

1.6 To the fullest extent legally permitted and expressly provided in these Terms, our Marketplace and all content, products and services provided through it are provided on an "as is" basis. We do not make any representation or warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise), in relation to our Marketplace or any content, property, products and services provided through it including, without limitation, any warranties in relation to fitness for a particular purpose or in relation to the quality, completeness, accuracy or reliability of our Marketplace and all content, property, products and services provided through it.

1.7 Subject to section 1.1 above and without limiting the other subsections. If at all we are found liable our liability to you or any third party (whether in tort, strict liability in tort, contract, negligence, by statue or otherwise) Is limited to the total fees you pay to us in the 12 months prior to the action giving rise to the liability or £150 pounds whichever is the greater.

Accessing and Using our Marketplace

1. You must be 18 or over to use our Marketplace. By creating an account upon our site you are specifying to us that you are 18 or over and that you have not been barred. We may at any time request proof of your age and details.

2. When you register an account with us we obtain your consent to contact you and ask you to provide true and accurate and complete details according to our Privacy Policy at some point we may ask you to verify your/these details to us. You in any case warrant that the information you give to us is accurate and that you will keep these details accurate through the Marketplace Dashboard.

3. You are allowed only one live account as any legal entity on our Marketplace unless you have been previously barred from using our Marketplace, in this case we will require you to refrain from re-registering on this site.

4. You agree that you will not create false accounts or adverts nor impersonate anyone else.

5. Companies or Agents may use the site on the proviso that they are registered companies and are party to the necessary legal safeguards. See topic 8 below.

6. For members of the general public we do not charge any fees for registering an account with us on our Marketplace and placing a number of initial advertisements’, we may however ask for further fees from agents, suppliers of good and services, manufacturers who will benefit greatly from our minimal introduction fees.

7. Provided you have an account with us we do not charge for browsing and searching in any category, however, you will need to create an advert of that category to contact a user advertising a certain category i.e. If you wish to RENT a property that is advertised by a Landlord available to LET on the site you must create an advert stating that you wish to RENT a property, it does not matter that you have already placed an ad to Sell Furniture on the Site as Selling Furniture as this would be in a different category.

8. You agree to be accurate on Registration if you are a Company, Agent, Manufacturer, Supplier, Landlord or Trader you need to state this in the occupation field. You must hold the necessary qualifications, insurances and be members of the appropriate scheme for the occupations’ you state. For example if you are an Agent you need to make sure you say so on the occupation field, and not register as a Landlord or as Property Seller and as an agent you must be an member of the property redress scheme. We may check that you are complying with our terms anyone not doing so will be in breach of our terms/contract and will have their accounts removed. You may also face litigation.

9. You agree not to use our Marketplace in any way that may be construed as improper, unlawful, or in breach of any rule, piece of legislation, regulation licence that is applicable to you.

10. Without limiting the above clause in 9 you further agree that you will not • Violate any law; • Any Term of use whatsoever; • Misuse any information made available to you on our Marketplace; • Publish, Post, Upload, Store, Distribute, Disseminate or otherwise communicate any abusive, threatening, defamatory, indecent, obscene, false, misleading, hateful, harmful, profane, ageist, religious, sexually or racially orientated or otherwise illegal remarks or do anything that may be considered as illegal in breach of any civil or criminal law; • To upload anything that infringes a third party Intellectual Property Right; • To attempt to damage or damage, deny service to, distribute viruses or interfere with the Marketplace in any malicious manner; • Harvest or otherwise collect any information about others including email information without their consent; • Harass other users in the Marketplace. • Copy, modify or communicate content from our Marketplace whether that is the sole property of SYB (uk) ltd or any other user upon the site; • Encourage an activity that is illegal or fraudulent; • Send chain letters, junk mail, or any other bulk communication; • Sell any counterfeit goods; • Use any robot or automated means to access our Marketplace; • To do and/or to omit to do anything that would bring us or our Marketplace or Portal into disrepute, ridicule, scandal or contempt.

11. You further agree to pay SYB (UK) ltd and/ or other users any damages with regards any breach the terms and conditions. We reserve the right to take any action with regards to violations or enforcement of our terms and conditions at our sole discretion. We expressly reserve all rights and remedies available to us at law or in equity. We will co-operate fully with the Authorities and /or any authorised agencies in the public interest and in the case of misuse, damage or interference to our Marketplace.

12. You agree that due to system failure, maintenance or repair or for reasons beyond our control we may at any time and without notice temporarily or otherwise halt access to our Marketplace. You further agree that in this case described above we will have no liability to you in any way.

13. SYB (UK) LTD reserves the right to deny any or all access or service to any user for any reason, at any time at our sole discretion. You further agree that we may block your IP address or addresses at any time to carry out the above and or take legal steps at our sole discretion.

14. You agree you are solely responsible for all information you submit to our Marketplace and any consequences arising from that information.

15. You agree to submit adverts that are accurate and truthful.

16. You agree that any photos you submit will be current and accurately represent either yourself and/or any product, room, house or service you advertise whether for the purpose of letting(licensing), buying, renting (purchasing a license) or selling.

17. You agree that you will not advertise if you are in breach of any legal regulation re any goods, products, services rooms to let, homes (i.e. HMO, EPC etc) etc, or if you are deemed not a fit or proper person.

18. You agree that you will not place multiple ads for the same item, service, room, house or IP.

20. You agree you will not place ads for non-existent items, vehicles, rooms, houses, IP, services or solutions.

21. You agree that you are solely responsible for your adverts, any omission, inaccuracies or errors contained within and agree we do not accept any liability on your behalf or to others. You are able to edit or archive your ads through Manage Adverts on the Dashboard.

22. You agree that if you find material that breaches this agreement/contract then you will report it to us immediately at mailbox@sybestates.co.uk giving details. If you are vindicated then you may receive a reward in the form of a coupon to extend your use of the site. If on the other hand you make a false allegation then there may be legal consequences.

23. You agree to indemnify SYB (UK) ltd for any loss or damage that may by incurred by SYB (UK) Ltd including without limitation legal fees ,arising from any breach by you of any warranty or other term herein or your misuse of any material whatsoever obtained through our Marketplace. You agree further to indemnify any third party claim against SYB (UK) LTD of Intellectual property rights arising in relation to your placement of materials to the site.

24. You agree your use of our site creates no relationship or partnership between us whatsoever.

25. If any part, term, or provision of this agreement shall be held by a court or regulator of competent jurisdiction to be illegal or unenforceable, or in conflict with any law, the remaining portions and provisions shall still remain valid and continue in full force and effect.

26. This agreement may be varied from time to time and any amendments will be applicable to all users from the date and time it was revised.

27. Prices are set out on the payment pages of our site and are generally for introductions, we reserve the right to charge additional fees to traders, agents and other companies. Payment will be by electronic bank transfer, later we may introduce a payment system such as paypal. We may vary the prices at our discretion.

Intellectual Property

1. We do not claim any ownership of any Intellectual Property Rights in the Advertisement area that you or any other users advertise on our Marketplace. After advertising you retain all rights of ownership and you may use the content you generate in any way you choose (provided it does not breach these Terms and Conditions).

2. By submitting any adverts to our Marketplace you automatically grant us the indefinite right to reproduce, display, modify, manage, distribute and store such as part of our Marketplace or as part of any materials used to promote or advertise our Marketplace anywhere in the world, until you no longer use our Marketplace.

3. We will not pay you for any of the adverts you upload to our Portal or Marketplace.

4. Except for the adverts you and other users generate, all Intellectual Property Rights in and on our Portal/Marketplace and all content and materials contained on our Portal/Marketplace are owned by and shall remain owned by SYB and are protected by copyright.

Data Protection and Privacy

This is contractually covered in these terms and conditions by our Privacy Policy. 1. You agree to our Privacy Policy.

Variation and Pricing

From time to time we will vary this agreement / contract if we do so the new /amended terms will be added to this page. We last updated these on the 10th of January 2018.

Prices we may vary our prices at any time, however, these will be displayed on the payment pages. We may also issue promotions/ coupons.

Law and Jurisdiction

This agreement shall be governed by and will be construed in accordance with the laws of England and Wales. Any disputes arising under or connection with this agreement shall be subject to the exclusive jurisdiction of the English Courts.