McLEAN PROPERTY SERVICES LTD TERMS & CONDITIONS

These terms and conditions apply in respect of entries on the "www.mcleanpropertyservices.co.uk" website.

In submitting your property details to www.mcleanpropertyservices.co.uk (the Site) the Landlord/ vendor/ estate agent/ developer (You) are instructing mcleanpropertyservices.co.uk to act as your online estate agent and accepting the following Terms and Conditions.

These Terms and Conditions apply to your use of the Site, including without limitation use of the Site for the purpose of selling or letting a property and/or searching for a property.

By using mcleanpropertyservices.co.uk you agree to the following:

1. Defined terms

1.1 “property” means a residential property in England and Wales.

1.2 “Site” means the mcleanpropertyservices.co.uk website, located at www.mcleanpropertyservices.co.uk or such other location from time to time.

2. General

2.1 You agree to use the Site strictly in accordance with these Terms and Conditions. We reserve the right to alter these Terms and Conditions without notification.

2.2 You warrant and agree that:

(a) you are legally entitled to enter into these Terms and Conditions; and

(b) any personal details which you provide to mcleanpropertyservices.co.uk for the purpose of registering with and using the Site are true and accurate, including without limitation your name, address and email address and you are responsible for checking that any such details are correct and kept up-to-date at all times.

2.3 You agree that you shall indemnify mcleanpropertyservices.co.uk in full and hold it harmless for any losses or damages howsoever arising, including claims from third parties, that may result directly or indirectly from your use of the Site.

2.4 mcleanpropertyservices.co.uk gives no warranty, express or implied, nor any undertaking or representation that use of the Site shall result in the successful completion (or otherwise) of a sale, purchase, letting or rental of a property.

2.5 We accept no responsibility or liability for any technical or other difficulties you may encounter with the equipment or services you use to access the Site, including without limitation computer hardware, software or that of any intermediary service provider such as any internet service provider or other intermediary.

2.6 The total liability of mcleanpropertyservices.co.uk to you, howsoever arising, in respect of the Service shall be limited to the extent permitted by law to the sum of £100.

2.7 Nothing in these Terms or Conditions or on the Site shall affect your statutory rights as a consumer.

2.8 We respect your privacy and shall manage your personal details in accordance with the law (including The Data Protection Act 1998).

2.9 These Terms and Conditions represent the entire agreement between mcleanpropertyservices.co.uk and you and all warranties and representations save as are expressly set out in these Terms and Conditions are hereby excluded to the fullest extent permitted by law.

2.10 These Terms and Conditions shall be governed by the laws of England and Wales and the parties hereby irrevocably submit to the exclusive jurisdiction of the English Courts.

3. Advertising a property

3.1 You confirm that you will abide by our terms for advertising properties on the Site.

3.2 In consideration of you agreeing to use the Site you may advertise details of a property (“Property”) for publication.

3.3 You agree and confirm that the responsibilities of and obligations relating to selling or letting a property are yours and that the mcleanpropertyservices.co.uk service is strictly limited to provision of the property advertising estage agency service described on the Site which is subject to these Terms and Conditions. For the avoidance of doubt, you agree and confirm that you are solely responsible for all other matters, including but not limited to:

(a) dealing with and following up any enquiries in relation to your property;

(b) creating your advertisement;

(c) setting the asking price of the property;

(d) meeting with and vetting potential buyers;

(e) conducting viewings of the property;

(f) negotiating the sale, including agreeing on price;

(g) instructing a solicitor and any other professional used in the sale process.

You agree that you will take all reasonable precautions and other measures to preserve your safety when dealing with third parties via the Site.

You agree and understand that we do not in any way monitor or regulate communications between users of the Site.

3.4 You agree and warrant that:

(a) you have the right and authority to sell or let such property, or you legally represent the owner of the property and are under their instruction and have the right and authority to sell or let the property;

(b) following submission of the property to the Site, mcleanpropertyservices.co.uk is entitled to provide the Service, including without limitation publishing the property on the Site and elsewhere as specified in these Terms and Conditions;

(c) the details, description, information and any images submitted to the Site are true and accurate and contain no false statements, misrepresentations or omissions which may mislead any third parties over the condition, location and availability or otherwise of the property or your lawful right to sell or let it;

(d) you are responsible for the content and accuracy of any submission that you make to the Site;

(e) you are fully aware of and understand the implications of any third party terms and conditions (if any) which you may have entered into (or enter into going forward) regarding the sale or letting of the property (including without limitation any terms and conditions between you and any third party providing a similar service to that provided by the Site) and you are responsible for managing such relationships and you shall be liable for any and all fees or other payments that may be due to such third parties as a result of your arrangements with them; and

(f) to the extent required by law, you will ensure that you have a Home Information Pack (H.I.P.), Energy Performance Certificate (EPC) and fulfil any other statutory requirement before marketing any property.

3.5 mcleanpropertyservices.co.uk reserves the right to suspend or terminate (at its sole discretion) the publication of any advertisement on the Site in the event that it is made aware by whatever means that the content is inappropriate, misleading or inaccurate, without liability to you or any third party.

3.6 Any advertisements giving rise to complaint or dispute of any kind shall be suspended pending resolution or otherwise terminated. mcleanpropertyservices.co.uk may in its sole discretion reactivate the advertisement upon receipt of satisfactory proof that such a dispute or complaint has been resolved or otherwise satisfied. In no event shall mcleanpropertyservices.co.uk be required to act in respect of any dispute or complaint other than to suspend or terminate the advertisement.

3.7 Advertisements which infringe any law or regulation (or potentially are infringing) containing foul or otherwise inappropriate language, offend or infringe the rights of any third party (including intellectual property rights) will be removed without warning or any liability to mcleanpropertyservices.co.uk.

3.8 You agree and confirm that you are required to renew your Property advertisement within 12 weeks from the date on which you instruct the Site and the advertisement is published and complete your registration by making a payment of £9.99 to the Site within 72 hours of receiving an email notification of a response to your advert. In order to keep our database up-to-date, we reserve the right to delete any properties from our database that have not been so renewed. Should we be unable to contact you via the current e-mail address registered with us, we reserve the right to delete your property without liability to us. You agree and confirm that it is your responsibility to notify mcleanpropertyservices.co.uk as soon as your property is no longer available or if there are any other relevant changes in circumstances. Subject to the foregoing, your Property will remain advertised on mcleanpropertyservices.co.uk indefinitely, subject to mcleanpropertyservices.co.uk giving one week’s notice to you that the Property will be removed (such notice not to be given within the first 3 months of the Property being advertised on mcleanpropertyservices.co.uk unless you are in breach or default of other provisions herein).

3.9 Properly renewed advertisements will remain on mcleanpropertyservices.co.uk until sold, withdrawn or otherwise removed in accordance with these Terms and Conditions.

3.10 You agree to your property advertisement appearing on other web sites or in other media selected by mcleanpropertyservices.co.uk for the further marketing of your property (which may change from time to time without notification). You further agree that your property advertisement may appear in whole or in part on or in such and that this will vary on a case by case basis given that external sites and media have many different formats for property details.

3.11 You agree that we have no control over the level of service, quality, accuracy and downtime of external web sites and accordingly we accept no liability howsoever arising for any losses that may arise as a result of your property details being advertised on an external website.

3.12 Your advertisement will be published as soon as reasonably practicable following proper completion of your advertisement.

3.13 No refunds will be given for temporary or permanent loss of service howsoever arising, including but not limited to a loss of service due to the mcleanpropertyservices.co.uk website being unavailable for whatever reason or if your advertisement is removed as a result of you not renewing it as required or any other circumstance outside of our reasonable control.

3.14 By submitting a property to the Site you warrant that you own the copyright in all details, including without limitation photographs, that you submit and you grant us a licence to use the property details to provide the service and for publicity when promoting the property and/or the Site.

3.15 mcleanpropertyservices.co.uk reserves the ultimate discretion as to which advertisements, if any, are in violation of these Terms and Conditions.

INDEMNITY

4. You are fully to indemnify the Website against all claims, demands, actions, losses and damages, costs, charges, fines and expenses arising from:

• Any infringement or alleged infringement of copyright, trade mark or intellectual property rights caused by the website’s use of the advertising content provided by you;
• Your provision of any advertising content which is obscene, blasphemous or defamatory;
• Any breach of your obligations under the personal data warranty set out in the following clause.

PERSONAL DATA WARRANTY

5. It is acknowledged that you are the Data Controller and that the Website is the Data Processor in respect of all personal data processed under this Agreement. Data Controller and Data Processor have the meaning set out in the Data Protection Act 1998 and personal data means personal data as defined under the Act. Each party warrants to the other that, in connection with this Agreement, it is to comply with the obligations in relation to personal data under the Act and the Website agrees not to process any personal data except in accordance with your instructions which are under the terms and conditions of this Agreement. You consent to any credit checks required under this Agreement.

5.1. For the purposes of the Act, you acknowledge that in the course of sending the advertising content to the Website, personal data may be transferred and/or accessed by users around the world. You consent to the use, storage, or processing of the personal data and are to ensure that you obtain consent from any person whose personal data is included in the advertising content. If consent is revoked at any time, you are immediately to notify the website.

Privacy Policy

We take data protection seriously

We respect the privacy of every individual who visits our site. We have developed this policy because we want you to feel confident about the privacy and security of your personal information.

We follow strict security procedures in the storage and disclosure of your information as required by law.

Our security procedures mean that we may ask for proof of your identity before we will disclose information to you. This is what your password is for.

In order to provide our services to you we may need to collect and process personal information about you and disclose that information to a number of third party providers. This information may be necessary to complete your registration. All personal information will be held in strictest confidence and used only for the purposes for which we collect it with certain caveats as described below.

You've told us you don't like spam (unsolicited e-mails)

We don't want you to be inundated with mail from the providers whose sites we will be visiting using our technology. So our technology will not opt in to marketing communications on any of the underlying sites on your behalf. By taking this route for you, you should not receive any communication from any of the providers other than outlined in this Privacy Statement. Although we cannot guarantee this we do have contractual arrangements in place to prevent such communications, so let us know if you do experience problems other than outlined above.

Your rights to your personal data

mcleanpropertyservices.co.uk complies with and is registered under the data protection laws in the United Kingdom and takes all reasonable care to prevent any unauthorised access to your personal data. If you want to know exactly what personal information we hold about you, we will provide you with this information. If any information held is inaccurate, we will make the necessary amendments and confirm to you that these have been made. Under the terms of the Data Protection Act, please write to, Data Protection Manager, Propertystreamer, London E14 9XQ, enclosing a cheque for the administration fee of £10.00 made payable to mcleanpropertyservices.co.uk. We are entitled to charge you this fee under the Data Protection Act to cover our administrative costs.

We reserve the right to amend or modify this Privacy Policy Statement at any time and in response to changes in applicable data protection and privacy legislation.

The Data Controller is mcleanpropertyservices.co.uk. In this Privacy Statement 'we', 'us', and 'our' means mcleanpropertyservices.co.uk.

Help with your property

Many of our customers have told us that they appreciate extra information from us in how best to present their properties for sale and to rent. For this reason by agreeing to the conditions laid out in this Privacy & Security Statement you agree that your details may be used by us to contact you with guides and tips, as well as to offer information and services that might be required. We will contact you with a view to seeing if you are interested in purchase, highlighting any special offers or ways they might be able to help you get an even cheaper price with them. They are entitled to help you only about this particular quotation and only for a limited period of time after which they are obliged to consider your details as off limits i.e. opted-out under the terminology of the Data Protection Act 1998. If you are unhappy with this condition of use then please let us know but be aware and do not submit your details to our service without first letting us know and acknowledging your request.

Like to remove information from our records?

If you would like us to remove any personal information from our records, then please write to us at mcleanpropertyservices.co.uk, London E14 9XQ. Please be ready to quote your full name, address and username when contacting us. We will make all reasonable efforts to delete your information from our files if it is deemed appropriate

Monitoring

Monitoring or recording of your calls, emails, text messages and other communications may take place in accordance with UK law, and in particular for: business purposes, such as for quality control and training; processing necessary for the entering into or the performance of a contract; to prevent unauthorised use of our telecommunication systems and web sites; to ensure effective systems operation; to meet any legal obligation; in your vital interests; in order to prevent or detect crime; and for the purposes of the legitimate interests of the data controller. Please visit the following web sites for further information:

• www.informationcommissioner.gov.uk
• www.dti.gov.uk

Confidentiality

We will endeavour to treat all your personal information as private and confidential. Other than under the terms of this Privacy Statement we will not disclose any of your information to anyone. We would like to bring your attention though to our obligations to disclose information in the following four exceptional cases permitted by law. These are:

• where we are legally compelled to do so;
• where there is a duty to the public to disclose;
• where disclosure is required to protect our interest;
• where disclosure is made at your request or with your consent.

From time to time we will employ agents to process your information on our behalf. We may allow such agents, including providers of some of our services, access to your personal information. The same duty of confidentiality and security will apply to our agents.

Should you take the decision to make a complaint about the service we have provided, we may be obliged to forward details about your complaint, including your personal information, to the relevant agency in existence at the time. You can be assured that they are similarly obliged to adhere to the Data Protection Act and keep your information strictly confidential.

Disclosure of information

Our technology will disclose the information you enter into it to the sites operated by the product providers. We will also be using your data for market research and the tracking of sales data. By using our site you are giving us permission to use your data in this way.

We will not disclose this information to other parties without your permission unless we are legally required to do so (for example, if required to do so by Court order or for the purposes of prevention of fraud or other crime). By submitting information into our site, you consent to the processing of this data about you by us and the product providers.

It is very important to us that we provide you with the highest level of service. In order to help us do this, unless you tell us otherwise, we may use the information you supply us with for:

• Our newsletter;
• New product launches
• Reminders about our services
• Future surveys/research

If you are not happy for your data to be used in this way, please let us know by clicking on this link unsubscribe

Use of cookies

The internet isn't an easy place to keep your privacy. At mcleanpropertyservices.co.uk we respect your privacy and therefore we will only use cookies where your browser enables us to use them. We use cookies to help you navigate through our site and to improve security. If you do not want one of our cookies on your site, please ensure your browser is configured to refuse to accept them. You can still use our site of course, but without the cookies. Many organisations use "cookies" to track your every move on their site. A "cookie" is a piece of information, like a tag, which many organisations place on your computer: a serial number for you personally that can be used to retrieve your records from their databases. It's usually a string of random looking letters long enough to be unique. They are kept in a file called "cookies", "cookies.txt" or "magiccookie" in your browser directory. They are also known as "persistent cookies" because they may last for years, even if you upgrade or change your system. Any website that knows your identity and has cookie for you could set up procedures to exchange their data with the companies that buy advertising space from them, synchronising the cookies they both have on your computer. This possibility means that once your identity becomes known to a single company listed in your cookies file, any of the others might know who you are every time you visit their sites.

You can find out more about how cookies work on http://www.cookiecentral.com

Law

These terms of trading are subject to English law and to the exclusive jurisdiction of the English courts.

You acknowledge that by providing data to us, you consent to the processing of your data in accordance with this Privacy and Security Statement.

Site security

mcleanpropertyservices.co.uk takes security seriously, as do the underlying property service providers who all operate their own security policies. For this reason we have asked you to provide us with a password to help us protect your information. We also use the industry standard secure sockets layer (SSL) 128-bit encryption technology to ensure that all your personal and transactional information is encrypted before transmission. To prove our commitment to your security, we have submitted our site for approval by Thawte, the acknowledged experts in security. They have authenticated this site as being secure, and have given us a universally recognised digital ID certificate to prove this. To check that you are in a secure area of our site look at the bottom of your browser and you will see a closed padlock. All this technology and our policies are to safeguard your privacy from unauthorised access/improper use and we will continue to update these measures as new technology becomes available.

Security of third party sites

We cannot be responsible for the privacy policies and practices of other websites, even if you access them using links from our website and recommend that you check the policy of each site you visit. Wherever possible we’ve partnered with sites who show the same commitment to security and also offer SSL encryption throughout their quotation process.

We use a secure server

We will process the data on a secure server. Microsoft Internet Explorer and Netscape Navigator will confirm that you are in a secure area by displaying an unbroken key or a lock in the bottom right corner of your browser window. Some organisations have a security feature called a firewall to protect their computer systems. These firewalls may prevent you from connecting to our secure server. If you are at work and cannot connect to our site, please consult with your IT administrator to learn more.

For extra protection

In order to provide you with maximum protection, we ask you to choose a password to access your data on our site. Some providers might allocate you a different password, which we will send you information about. Your password is unique to you and helps us to protect your personal information. You must keep this password safe and must not disclose it to anyone. You will need your password to access your personal information. Please contact us if you want to change your password for any reason.

Forgotten your password?

Forgotten your password? Don't panic! We have a few options for you if you forget your password. You can email us and we will guide you through the security procedure.

Choose to enter your details again?

If you forget your password, you might prefer to enter your details again rather than contact us for confirmation of your password. If you choose to do this, for your added protection and security, we will delete your existing records and only keep the latest set of records on our system.

Be aware

Please be aware that communications over the Internet, such as emails/webmails, are not secure unless they have been encrypted. Your communications may route through a number of countries before being delivered - this is the nature of the World Wide Web/Internet. We cannot accept responsibility for any unauthorised access or loss of personal