Terms & Conditions
Acceptance of Terms and Conditions
"HomeSellersHeaven.com" (the "Website" also referred to as "Home Sellers Heaven") is a website owned and operated by Simply.Biz Internet Limited (the "Company"). A UK registered Limited Company No. 07195326. This Website has been assembled to comply with English law and is operated by Simply.Biz Internet Limited, 424 Margate Road, Westwood, Ramsgate, Kent CT12 6SR. All users of this Website shall be governed by English law.
Before using HomeSellersHeaven.com you should carefully read the following terms and conditions which govern the use of this Website. If you do not agree to these terms and conditions please discontinue using this Website.
This Website has been constructed to enable individuals to advertise via the internet a U.K residential property for sale (a "Listing").
If you wish to advertise a property for sale using the Listing facilities on this Website, you must agree to be bound by these terms. If you wish to purchase or enquire about a property for sale on this Website, you must first register to become authorised to contact the property owner in question.
Any attempts to contact anyone advertising on this Website other than for the purpose of a genuine enquiry regarding the property for sale, such as the aim to promote, sell or market goods or services or seeking to solicit business in any way is prohibited. Any such attempts will result in deactivation of your account.
The submission of information to, and use of, the property listing service ("Service") available through the Website HomeSellersHeaven.com is subject to the following terms and conditions. By submitting information to, or accessing information from, the Service, you, the end user customer ("Customer") agree to the following terms and conditions. These Terms and Conditions are a legal agreement between you and HomeSellersHeaven.com, (or the "Company").
If you do not agree to these Terms and Conditions, do not submit information to, or access information from, the Service.
Disclaimer
The property for sale Listings and Service is provided "AS IS" without warranty of any kind. The Company makes no promises, representation or warranties, either expressed, implied, statutory or otherwise, with respect to the Listings or Service, including their accuracy, operation, conformity to any representation or description, or the existence of any latent or patents defects, and company specifically disclaims all implied warranties of merchantability, non-infringement and fitness for a particular purpose and, under English law, the implied conditions of satisfactory quality and acceptance as well as any local jurisdictional analogues to the above and other implied or statutory warranties.
Under no circumstances will HomeSellersHeaven.com, its staff, employees or affiliates be responsible or liable for financial or other loss, claims or damage caused by the failure or use or misuse of this Website.
HomeSellersHeaven.com does not conduct any investigations or due diligence into any Customer advertising on this Website and can accept no responsibility nor liability whatsoever, for any claims, costs, losses, expenses or damages arising whether direct, indirect or consequential in respect of any omissions or consequences of actions taken by users based on any information, opinions or advice contained within this Website. 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 the Website or HomeSellersHeaven.com.
Accuracy of Information
In no event or circumstance shall HomeSellersHeaven.com be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence, arising out of or in connection with the use or performance of this information.
It is your responsibility to verify any information that you may obtain on HomeSellersHeaven.com with independent authorities before acting upon it.
It is your responsibility to use suitable anti-virus software on any material that you may download from HomeSellersHeaven.com
Consent
By submitting your property details to us for publication you are indicating:
- That you are the legal owner of the property with the sole right to sell, or you have legal power of attorney on behalf of the property owner.
- That you agree to HomeSellersHeaven.com publishing these details for you.
- That the details supplied by you are true and accurate and not misleading in any material way.
Copyright
In respect of any property details or photographs submitted by you for publication, you confirm that you own full title to such details and/or photographs and you agree to grant a copyright license to HomeSellersHeaven.com
Note that you cannot use photographs from estate agent's particulars without their express permission - it is the customers responsibility to ensure they have copyright over any materials supplied to us for publication on their behalf and you agree to indemnify HomeSellersHeaven.com in respect of any claims against us or expenses incurred by us in respect of breach of copyright issues.
Photographs, images, property descriptions and all other content published on this website are copyright of HomeSellersHeaven.com and may not be copied from this site and reproduced in any other advertisement or marketing, without our written consent. For the sake of clarity - this does not prevent customers from using their own materials elsewhere providing that such details are not back-sourced from this website.
Transfer of Advertising
Individual property listings are not transferable and may not be used for advertising of more than one property or any property other than the property listed for sale initially without our explicit permission.
Privacy & Security
Your personal details are held on a secure database. Only the details that you wish to be published are made available to our site visitors. We do not pass confidential customer information to other organisations. Please see our Privacy Policy for more details.
Your Property Description
All details supplied by owners to us must be a fair, honest and true representation of the property your are selling. It's a waste of everybody's time (including yours) if you deliberately provide a misleading description of the property, intentionally or otherwise, so please take some care over the details you submit.
We reserve the right to edit or delete any descriptions which we know or believe to be false or misleading or where there is a potential for misunderstanding. We routinely check all listings and may make amendments to improve presentation, correct spelling, obvious errors or to comply with the provisions of the Property Misdescriptions Act 1991. The property description should only provide a factual breakdown of the property features - it should not include 'claims' about the property or terms of sale which are not a matter of fact or which cannot be ascertained and verified by reasonable inspection, or in the case of any legal aspects, confirmed by available documentation.
The factual accuracy of the information supplied for publication on this site, is the responsibility of the advertiser and you agree to indemnify HomeSellersHeaven.com against any claims or expenses arising from misleading or inaccurate claims made by you about the property within the advertising published.
Pricing
The cost of advertising a property for sale on HomeSellersHeaven.com is free of any charges. There are no hidden costs or VAT to pay at any time during the advertising process. We reserve the right to amend or change pricing or package service content at any time without notice.
Interruption of Service
HomeSellersHeaven.com makes every reasonable effort to ensure that our website facilities are available to internet visitors and customers at all times. However, we do not offer any guaranteed percentage time of availability and accept no financial liability for any interruption in service or temporary loss of some or all website facilities at any time.
On occasion, necessary maintenance or upgrade work requires the site to be taken 'off-line' without notice, but we endeavour to keep downtime to a minimum and in most cases of scheduled maintenance, this normally involves no more than a few minutes.
Our website is hosted in a secure data centre with excellent security, fire and backup measures in place and a very high level of service is anticipated.
Refunds
No remuneration, refunds or proportionate or represenational compensation fees will be made for loss of service, temporary or permanent, under any circumstances. This does not affect your statutory rights as a consumer.
Complaints
If you experience any problem using our service, let us know straight away and we will do everything in our power to put things straight. We are justifiably proud of the quality of our website functionality, customer care and support, however on rare ocassions small bugs or errors can occur, so please contact us if you have a complaint about any aspect of our service to you.
Please quote your property ID in all communications. We aim to respond to all enquiries within 72 hours.
Links to Third Party Websites
This Website may contain hyperlinks to other websites operated by parties other than the Company which are beyond the Company's control. Parties other than the Company may provide products or services on this Website that take you outside of the Service operated by this Website. This includes links from advertisers, sponsors, and content partners that may use HomeSellersHeaven.com as part of a collaborative branding relationship. Examples of such items may include banner, button, skyscraper and text link advertisements.
The Company does not control and is not responsible for examining or evaluating, and does not warrant the offerings of any of these businesses or individuals or the content of their websites. The Company does not assume any liability for the actions, product, or content of any of these and any other third party websites.
The Company makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third party websites. When you click on a link that exits the HomeSellersHeaven.com Website, the target website is not controlled by the Company and therefore, different terms of use and privacy policies will apply. The Company also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third party websites and any links thereto.
Personal Data & Usage
From time to time, the Company collects stores and uses personal information collected from visitors to this Website. We will use your information to occasionally send you details of special offers, promotions and news regarding new products or services due for release by HomeSellersHeaven.com. We do use cookies on our site to remember who you are when you visit; purely for traffic gathering information and bandwidth usage. The cookies are not used for any other purpose.
The Company utilises email as a primary communication channel with Customers. As a registered user, the Customer hereby acknowledges and grants the Company permission to communicate with Customers via email (as well as other communication channels such as phone and fax) for any purpose the Company determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. The Company will use best efforts to honour the Customer’s request to opt out of marketing messages, but under no circumstances will the Company have any liability for sending any email to its registered users or Customers. The Company assures the Customer that under no circumstances will it knowingly share personal and/or email information with any third party.
Unsolicited Commercial Email (Spam)
The Company prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). Customers may not use the email services that the Company offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. The Company has the right to revoke the privileges of any Customer or company that breaches these terms.
Guaranteed Success
In any circumstance when advertising a property for sale, success is never guaranteed. Our website aims to give you the maximum exposure possible however, we make no guarantees to sell your home. This is a self-sell advertising package therefore we don't sell your home at all or act as an agent and/or broker. It is entirely your responsibility to use the tools and facilities of this website that have been provided to you to market your property yourself.
We provide the tools to maximise exposure on the world wide web (internet) and the facilities for you to manage and update your advertising online in response to interest generated from registered buyers and website users alike. Ultimately, it is up to you as the advertiser to make it work for you - we can bring buyers to view your details, but the response you get depends on your property, the price you set, buyer demand in your area and the quality of content you provide for your advertised listing.
Jurisdiction
Any dispute pertaining to the provision of our service is subject to the laws of England & Wales.
Changes to Terms and Conditions
We reserve the right to change these Terms and Conditions without prior notice to you. If we change the Terms and Conditions, it will be posted to the web site and become effective at the time of posting.