PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS WHEN USING ONTHEMARKET.COM ("this Site").
YOUR ATTENTION IS DRAWN IN PARTICULAR TO CLAUSE 7 (WARRANTY) AND CLAUSE 8 (LIABILITY).
We are Agents' Mutual Limited (company number 08381458) and our address is PO Box 450, Aldershot GU11 9FZ (referred to as "we" or "us" or "our"). Our VAT number is GB1176254493.
When you use this Site, you agree to be bound by these Terms. Please read these Terms carefully before you start to use our Site. If you do not agree to be bound by these Terms, you must not use this Site. A reference to "you" or "your" is a reference to the user of this Site.
Certain uses of this Site are prohibited and amount to a misuse of our systems and the Site. Please refer to clause 3 for further details.
We recommend that you print and keep a copy of these Terms. They are a legally binding agreement between you and us. We may change these Terms at our discretion by updating them on the Site. The then current version of these Terms will apply whenever you use this Site. Please check this page from time to time and take notice of any changes.
2. Our rights and intellectual property
The copyright and all other intellectual property rights in this Site (including all database rights, trademarks, service marks, trading names, text, graphics, code, files and links) belong to us or our licensor(s). All rights are reserved.
Subject to clause 3, you may download material from this Site for the sole purpose of using this Site. However, you must not copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information on or downloaded from this Site without our prior written consent.
The device , the word mark "OnTheMarket.com" and the associated logos are registered trademarks of Agents' Mutual Limited. You must not use or copy them without our prior written consent.
This Site contains links to websites operated by third parties. We have no control over their individual content. We therefore make no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites. The links are for your convenience only. We do not recommend any products or services advertised on those websites. If you decide to access any third party website linked from this Site, you do so at your own risk.
We are not an estate agency. The details of the properties available on this Site are provided to us by third party estate agents and letting agents for your information only. We do not verify the property details provided to us and therefore make no warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at your own risk. We recommend that you check all property details with the advertising estate agent or letting agent before making any decisions or taking any action in regards to a property advertised on our Site.
3. Your obligations and conduct
You accept that you are solely responsible for ensuring that your computer system meets all relevant technical specifications necessary to use this Site and that your computer system is compatible with this Site.
You must not misuse our system or this Site. In particular, you must not hack into, circumvent security or otherwise disrupt the operation of our system and this Site, or attempt to carry out any of the foregoing. This includes introducing viruses, trojans, worms, logic bombs or other material which is or could be malicious or technologically harmful.
You must not use or attempt to use any automated program (including, without limitation, any spider or other web crawler) to access our system or this Site, or to search, display or obtain links to any part of this Site, other than the home page at www.onthemarket.com unless the automated program identifies itself uniquely in the User Agent field and is fully compliant with the Robots Exclusion Protocol (a "Permitted Program"). Any such use or attempted use of an automated program (other than a Permitted Program) shall be a misuse of our system and this Site. Obtaining access to any part of our system or this Site by means of any such automated programs (other than a Permitted Program) is strictly unauthorised.
You must not include links to this Site in any other Site without our prior written consent. In particular (but without limiting the foregoing) you must not include in any other Site any "deep link" to any page on this Site. You may link to our home page at www.onthemarket.com provided that you do so in a way that does not (in our reasonable opinion) damage our reputation or expose us to risk. We reserve the right to withdraw linking permission without notice and without giving a reason.
You must not upload or use inappropriate or offensive language or content or solicit any commercial services in any communication, form or email you send or submit, from or to the Site.
Whenever you make use of features that allow you to upload content to our Site, or to make contact with other users via our Site, you must comply with the content standards set out in these Terms. Please see clause 4 below. You warrant that any such contribution does comply with the standards mentioned in clause 4 and you will be liable to us and indemnify us against any breach of this warranty.
4. Interactive services and content
All content that you upload to our Site will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose. We also have the right to disclose your identity to any third party who claims or alleges that content posted or uploaded by you to our Site breaches that third parties legal rights.
The views expressed by users on our Site do not represent our views or values.
All content that you upload to our Site must:
Be accurate (where you state facts);
Be genuinely held (where you state opinions); and
Comply with the applicable law of the country from which they were posted.
Your content must not:
Contain any material which is defamatory of any person;
Contain any material which is obscene, offensive, hateful, discriminatory, unethical, immoral or inflammatory; or
Contain any material which does or could potentially infringe the intellectual property rights of a third party.
We will determine in our discretion whether there has been a breach of this clause 4. Where a breach of this policy has occurred we may take such action as we deem appropriate. This action may include the following:
immediate, temporary or permanent withdrawal of your right to use our Site;
immediate, temporary or permanent removal of any posting or material uploaded by you to our Site;
further legal action against you; and
disclosure of such information to law enforcement or authorities as we reasonably feel necessary.
In addition to all of our rights set out above, we reserve the right to take down any content that you upload to our Site at any time without notice and without having to give a reason.
To receive details of properties on this Site, you must submit a completed registration form to us to create an account. At our discretion, we may refuse your application to create an account. If we accept your application for registration, we will confirm this by sending you an email containing your account ID.
Each registration is for a single user only. You must not share your username and password with any other person or with multiple users on a network.
You undertake that all information provided by you for the purposes of registering with us is accurate and complete.
You accept sole responsibility for all use of and for keeping secret any account ID and password that may have been given to you or chosen by you for use on this Site. You will notify us immediately of any unauthorised use of them or any other breach of security of this Site of which you become aware.
6. Barring from the site
We reserve the right to bar users from this Site and/or restrict or disable their access or use of any or all elements of our services, on a permanent or temporary basis, at our sole discretion. Any such user shall be notified and must not then attempt to use this Site under any other name or through any other user.
Whilst we endeavour to ensure that any material available for downloading from this Site is not contaminated in any way, we do not warrant that such material will be free from infection, viruses and/or similar code.
Due to the nature of software and the internet, we do not warrant that your access to, or the running of, this Site will be uninterrupted or error-free. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We shall not be liable if we cannot process your details due to circumstances beyond our reasonable control.
The information provided on this Site is for general interest only and does not constitute specific advice.
We make no warranties or representations that the property information on this is the Site is correct, accurate or up-to-date.
We make no warranty or guarantee that the Site or information available over it complies with laws other than those of England.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.
Nothing in these Terms will be deemed to exclude our liability to you for death or personal injury arising from our negligence, or for fraudulent misrepresentation.
Subject to clause 8.1, we will not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control.
Subject to clause 8.1, we do not accept any liability for loss of your password or account ID caused by a breakdown, error, loss of power or otherwise caused by or to your computer system.
We may put in place such systems as we from time to time see fit to prevent automated programs being used to obtain unauthorised access to our system and this Site. You are not permitted to use automated programs for such purposes and any such use or attempted use by you of such automated programs is at your own risk. Subject to clause 8.1, we shall not be liable to you for any consequences arising out of or in connection with any such use or attempted use of automated programs to obtain unauthorised access to our system or this Site.
Subject to clause 8.1, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with:
Use of, or inability to use, our Site; or
Use of, or reliance on, any content or information displayed on our Site.
Subject to clauses 8.1 to 8.5 inclusive, if you are a business we shall not be liable to you for:
any indirect, consequential, special or punitive loss, damage, costs and expenses;
loss of profit;
loss of business;
loss of reputation;
depletion of goodwill; or
loss of, damage to or corruption of data.
Subject to clause 8.1 to 8.5 inclusive, if you are a consumer, please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial of service attack or other technologically harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or any website linked to it.
When you use the "contact forms" on this Site to enquire about a property, your details (including your email address) will be sent by email directly to the estate agent or letting agent marketing the property or properties that you are enquiring about. We do not accept any liability for any subsequent communications that you receive directly from that estate or letting agent.
All notices shall be given to us, by email at email@example.com or by post to our address provided at the beginning of these Terms.
If you have registered to use our services then we may serve a notice on you by email at the email address provided to us at the point of creating your account.
All notices sent by email will be deemed to have been received on the day that they are sent or, if sent on a national holiday in England or on a Saturday or Sunday, the next working day following the day on which the email was sent. All notices sent by post will be deemed to have been received 3 working days after the date of posting.
10. Customer feedback and quality
We try to ensure that all customer feedback is dealt with fairly and consistently, and is properly recorded. We welcome any suggestions that you make about how we may improve our service. Please write to us at Customer Services, Agents' Mutual Limited, using the address provided at the beginning of these Terms or email firstname.lastname@example.org.
We aim to acknowledge all customer feedback.
Phone calls directed to or from our advertisers, which include, but are not restricted to, third party estate agents and letting agents, may be recorded for training and monitoring purposes.
We may from time to time change the content of this Site or suspend or discontinue any aspect of this Site, which may include your access to it. Any amendments to these Terms will be made available.
We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
If you are a business user, these Terms are the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance on any warranty or representation made by us (unless made fraudulently).
If a court decides that any part of these Terms cannot be enforced, that particular part of these Terms will not apply, but the rest of these Terms will. A waiver by a party of a breach of any provision shall not be deemed a continuing waiver or a waiver of any subsequent breach of the same or any other provisions. Failure or delay in exercising any right under these Terms shall not prevent the exercise of that or any other right. You may not assign or transfer any benefit, interest or obligation under these Terms. The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.
If you are a consumer user, please note that these Terms and their subject matter and formation (including any non-contractual dispute or claim) are governed by English Law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident in Scotland, you may also bring proceedings in Scotland.
If you are a business user, these Terms and their subject matter and formation (including any non- contractual disputes or claims) are governed by English law and will be subject to the exclusive jurisdiction of the English courts.
12. Contact us
To contact us, please email email@example.com or send a letter by post to our address shown at the beginning of these Terms.
Thank you for visiting OnTheMarket.com.
Who we are
We are Agents' Mutual Limited (company number 08381458) and our address is PO Box 450, Aldershot GU11 9FZ (referred to as "we" or "us" or "our"). Our VAT number is GB1176254493.
We are the providers of the website www.onthemarket.com (referred to as the "Site"). We are notified as a data controller with the Information Commissioner's Office with registration number ZA092158.
We provide this Site to subscribing estate agents and letting agents to display properties they are marketing. We are not estate agents or lettings agents ourselves.
A reference to "you" or "your" is a reference to a user of the Site or any of our services.
If you have any queries or comments about the policy, our use of your personal information or wish to unsubscribe from messages from us, please get in touch by emailing firstname.lastname@example.org or writing to The Data Manager at the address provided at the beginning of this policy.
We use the information we collect about you to:
- pass your messages on to our advertisers, including estate agents and letting agents, to help them provide a more personalised service to you;
- provide information services to third parties;
- improve the features and services we offer;
- support our own marketing and promotion efforts;
- allow you to participate in our interactive services;
- provide you with information and services that we feel may interest you where you have consented to be contacted for such purposes;
Personal information collected
When you visit or use the Site or use our services, you may be asked to provide certain information about yourself, including your name and your contact details. We may also collect information about how you use this Site, including your searches, the properties and pages you look at, the advertisers or partners you contact and the contents of the emails you send to them. Finally, we may also collect information from any correspondence that you have with us. Collectively, we refer to this as "Your Information".
All of the forms where you might enter personal information on our Site have tick box options to enable you to accept or decline to our use of Your Information for marketing purposes. We always use the most recently submitted form to be your current consent status. If you are a registered user, but not signed in when you submit a form, we won't be able to use your saved settings so will deem your consent choice to be as per the form you submit at the time.
How we use Your Information
Your Information will enable us to provide you with access to all parts of this Site and to supply the services and features that you have requested. We may aggregate the information to identify patterns which we can use in our marketing and to help us develop, administer, support and improve our services and features.
We may use Your Information to contact you for your views on our services and to notify you occasionally about important changes or developments to this Site or our services. Where you have consented, we may also use Your Information to contact you with details about any other products or services we or our partners or advertisers offer that may be of interest to you. Where you have consented to being contacted by third parties, we may make Your Information available to them. If you change your mind about being contacted in the future, please email us at email@example.com and tell us or, if you have consented to being contacted by third parties for marketing purposes, you will need to contact them directly.
The following features, by their nature, require and make use of personally identifiable information.
The information that you enter into any of the forms we offer to allow you to contact advertisers is recorded by us and then sent to the advertiser that you chose to contact. This helps them provide you with a more personalised service. We also send the advertiser details of your last search to help them find property that matches your requirements more closely. If you are a registered user and signed in when you contact an advertiser, we include your settings to help them to provide more personalised services to you.
When you contact our advertisers using a unique telephone number displayed on the OnTheMarket.com site, information regarding the time and date of the call, status of the call (answered, unanswered, engaged) along with your telephone number (when presented) will be available to that advertiser. If the advertiser you contact has opted into our telephone recording functionality, your phone calls will also be recorded for training and monitoring purposes. The recordings will only be available to the advertiser you contacted and Agents' Mutual Ltd staff.
"Send to a friend" (Email a friend)
When you use the "Send to a friend" feature of this Site we record which properties you have sent to the friend, solely so that we can track the popularity of those properties. We record the other details provided in the email for internal monitoring of the service. We will NOT add any information collected in this manner to our mailing lists or inform the advertiser, to protect you and the recipient's privacy.
Registering with us
If you register with us, we save the details you provide and use them to enable us to personalise the service we offer to you. You can update your details at any time via the Site. When you are signed in, we automatically pre-populate your saved details on contact forms.
If you register with us and save properties you are interested in, we can identify which properties you have saved. We may anonymously aggregate these details to indicate how many users have saved a particular property, but we will not make available to third parties any personal data relating to which users have saved which properties.
Using the property alerts and saved searches
If you register with us, save searches and/or use the property alerts feature to receive notification when new properties matching your criteria are added to this Site, we record the settings you use and which properties have been sent to you. We do not make any information about any property that has been sent to you available to our advertisers or third parties.
Who has access to the information you provide or we collect
We retain access to all personal information that we have collected from you.
Whenever your personal information is shared across any of our social media channels, or with any of our partners that host our service via their website (with your consent, where necessary), their use of your personal information is governed by their privacy policies. We are not responsible for the privacy policies and practices of any other websites, even if you access them using links from this Site or if you can access this Site or use our services from them. We therefore recommend that you check the policy of each Site that you visit and make sure that you are comfortable with the terms of such policies before providing any personal information.
If our business enters into a joint venture with or is sold to or merged with another business entity, Your Information may be disclosed and ultimately transferred to our new business partners or owners.
If we offer or supply a service to you that is provided on our behalf by a third party we may have to pass Your Information to them in order to deliver the service. By using this Site you consent to us providing Your Information to the third parties licensed by us to provide such services. We may also use third parties to provide services on our behalf which may include processing (but not using themselves) Your Information e.g. to complete partial addresses or to augment the information we hold about you. In either case, we will not pass Your Information to anyone who is not also notified with the Information Commissioner's Office as a data controller or is not subject to these or similar provisions in our contract with them and we will not allow the third party to use Your Information commercially without your consent.
We will not otherwise disclose, sell or distribute Your Information to any third party without your permission unless we are required to do so by law.
Access to, changing or removing the information we hold
Registered users of this Site can update their information, change settings or deactivate their account in the Account section of the My OnTheMarket page once signed in.
Users of this Site can request we provide them with a copy of the personally identifiable information we hold via firstname.lastname@example.org We may charge a small administration fee to cover the data search, preparation and delivery. You may ask us to make any necessary changes to ensure that such information is accurate and kept up-to-date.
Cookies and tracking
Like many websites, we use "cookies" to enable us to personalise your visits to this Site, simplify the signing-in procedure, keep track of your preferences and track the usage of this Site. Cookies are small pieces of information that are stored in the hard drive of your computer by your browser. Your browser will have the option to prevent websites using cookies (your browser's help screen or manual will tell you how to do this), but please note that this may reduce the functionality of this Site and other websites. Further information about the cookies we use can be found here.
Like all websites, our servers automatically record 'log files' containing information about the volume and characteristics of our Site traffic e.g. IP address, numbers of pages viewed, length of time spent on Site. We use log files to build pictures of how our Site is used that help us to monitor and improve the service. We cannot identify you from your log files.
Security, storage and transfer of information
We follow strict security procedures to ensure that your personal information is not damaged, destroyed, or disclosed to a third party without your permission (unless they are providing services as outlined in the 'who has access to Your Information' section above) and to prevent unauthorised access to it. The computers that store the information are kept in a secure facility with restricted physical access and we use secure firewalls and other measures to restrict electronic access. If we are working with third parties we will require them to have in place similar measures to protect Your Information.
All of the information we collect or record is restricted to our offices. Only employees who need the information to perform a specific job are granted access to personally identifiable information. We will explicitly ask you when we need information to identify you. We may require you to co-operate with our security checks before we disclose information to you. You can update the personal information that you give us at any time by viewing your my details page.
Your information will only be transferred within the European Economic Area and organisations which are part of the EU privacy shield framework or have contractual clauses ensuring the adequate protection within the meaning of Directive 95/46/EC.
We will retain Your Information for a reasonable period or for as long as is required by law.
Property details displayed on OnTheMarket.com
OnTheMarket.com does not accept UK property listings directly from consumers. If you are the owner of a property being displayed for sale or for rent on our website this is because the agent you have chosen to use for the sale or the letting of your property has a contract with us to display the details of your property on our Site and thereby place the information about your property fully in the public domain.
Details held by us about a property do not comprise personal data as defined by the Data Protection Act 1998. OnTheMarket.com may use the data which we hold about properties advertised to provide professional valuation services and other data services to third parties. If your property is listed for sale or rent on OnTheMarket.com you may ask us not to use some or all of the details of your property to provide such data services. In this event please write to the Data Controller, Agents' Mutual Limited, PO Box 450, Aldershot, Guildford GU11 9FZ, stating your full name and address, confirmation that you are the owner of the property upon whose instructions we are entitled to act, the full postal address of your property, the date it was placed on the market for sale or rent, and the name address and telephone number of the agent you have instructed to market the property. We will consider your request but are not under an obligation to take any action in this regard (e.g. taking your property off our Site); this is ultimately a matter to be dealt with between you and your estate agent.
Changes to the policy
We may change this policy from time to time as we add new services or features or in response to changes in the law or our commercial arrangements. Any changes to this policy will be posted on this Site.
House prices England and Wales: Data produced by Land Registry © Crown copyright. Data starts from 3rd Jan 1995. Price Paid information is not personal but property related information. All commercial transactions, sales that have not been lodged with Land Registry or sales that were not for full market value are excluded.
House prices Scotland: © Crown copyright material originating from the Registers of Scotland is reproduced with the permission of the Registers of Scotland. Data starts from 01 May 2000. The Registers of Scotland allows the reproduction of the data free of charge in any format or medium only for research, private study or for internal circulation within an organisation. This is subject to it being reproduced accurately and not used in a misleading context. The material must be acknowledged as Crown Copyright. You are not allowed to use this information for commercial purposes, nor must you copy, distribute, sell or publish the data in any way. The Registers of Scotland allows the reproduction of the data which it provides free of charge in any format or medium only for research, private study or for internal circulation within an organisation. This is subject to it being reproduced accurately and not used in a misleading context. The material must be acknowledged as Crown Copyright. You are not allowed to use this information for commercial purposes, nor must you copy, distribute, sell or publish the data in any way. For any other use of this material, please apply to the Registers of Scotland for a licence. You can do this online at www.ros.gov.uk, by email at email@example.com or by writing to Business Development, Registers of Scotland, Meadowbank House, 153 London Road, Edinburgh EH8 7AU.
House prices report an error: There may be a delay of up to 3 months from when a property is actually sold to when it becomes officially recorded with Land Registry and/or Registers of Scotland. We provide data on house prices for information only, on an 'as is' basis as supplied to us and accept no liability for any errors or omissions. If you have identified any incorrect information in, please Report an error.
- House Prices England and Wales: Her Majesty's Land Registry (HMLR)
- House Prices Scotland: Registers of Scotland
UK Mapping Data: The mapping contains Ordnance Survey data © Crown copyright and database right, Royal Mail data © Royal Mail copyright and database right, and National Statistics data © Crown copyright and database right All rights reserved (http://www.ordnancesurvey.co.uk/docs/licences/os-opendata-licence.pdf). Contains public sector information licensed under the Open Government Licence v1.0, v2.0 & v3.0 (http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/) Locality Boundaries, Town Boundaries, Postal Boundaries, Simplified Administrative Boundaries, Point of Interest data © GeoLytix LLP and database right. You are not allowed to use this information for commercial purposes, nor must you copy, distribute, sell or publish the data in any way. For any other use of this material, please apply to GeoLytix for a licence mailto:firstname.lastname@example.org
Overseas Mapping Data: The overseas map contains data from © OpenStreetMap contributors. This data is available under the Open Database License.