PropertyPassion.com Terms and Conditions
Visitors are invited to visit the PropertyPassion.com Web Site subject to these terms and conditions.
Limitations of Use
You shall not use the PropertyPassion.com Web Site, in whole or in part, for any purpose that is unlawful or prohibited by these Terms and Conditions of or for any purposes other than those that are personal and non-commercial, provided, however, that a real estate commission shall not be considered a fee for the purposes hereof. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, download, post, create derivative works from, frame in another web page, use on any other web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the PropertyPassion.com web site, including, but not limited to the text, graphics, logos, photos, and audio and visual files, without express written permission from PropertyPassion.com. You agree that you will not use the PropertyPassion.com web site in any manner that could damage, disable, overburden, or impair the PropertyPassion.com web site or interfere with any other party's use and enjoyment of the PropertyPassion.com web site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the PropertyPassion.com web site.
Unauthorized individuals attempting to access any area of this site in a prohibited manner may be subject to legal action.
All information on the web site is provided to users on an "as is" and "as available" basis without warranty of any kind either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Use of the web site and the content available on the web site is at the sole risk of the user. PropertyPassion.com does not warrant that use of the web site will be uninterrupted or error-free. As a service to people who visit the web site, PropertyPassion.com, inc. permits real estate agents to publish information regarding themselves and their services. PropertyPassion.com does not recommend or endorse any of the real estate agents, and is not responsible for the accuracy or reliability of any opinion, advice, or statement made by the real estate agents or otherwise through the web site. It is the responsibility of each user to evaluate the accuracy, completeness, or usefulness of any information or content available on or through the web site. Users should seek the assistance of licensed real estate professionals regarding the evaluation of specific content obtained on the web site. Users are responsible for taking all precautions necessary to ensure that any content they may obtain from the web site is free of viruses or any other destructive programs or code.
Limitations of Liability
PropertyPassion.com specifically disclaims any liability, whether based in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the site, even if PropertyPassion.com has been advised of the possibility of such damages, including liability in connection with mistakes or omissions in, or delays in transmission of, information to or from the user, interruptions in telecommunications connections to the web site or viruses, whether caused in whole or in part by negligence, acts of god, telecommunications failure, theft or destruction of, or unauthorized access to, the web site, software, or related information, records or programs.
Modifications to Rules and Content
PropertyPassion.com reserves the right to modify the rules and regulations governing the Web Site at any time. Modifications will be posted on the Web Site, and users are deemed to be apprised of and bound by any changes to these rules and regulations. In addition, PropertyPassion.com reserves the right to make improvements and/or changes in the Content of the Web Site at any time.
Violations of Rules and Regulations
PropertyPassion.com reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in the Web Site, including the right to block access from a particular Internet address to the Web Site.
Linked Internet Sites
The links in the web site will let the user leave PropertyPassion.com's site. The linked sites are not under the control of PropertyPassion.com, and PropertyPassion.com is not responsible for the content available on any other internet sites linked to the web site. PropertyPassion.com is providing these links to other internet sites as a convenience to users, and access to any other internet sites linked to the web site is at the user's own risk. The inclusion of any link does not imply a recommendation or endorsement by PropertyPassion.com of the linked site.
Access to the Web Site from states & countries where the contents of the Web Site may be illegal is prohibited. Those who choose to access the Web Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Additional terms and conditions apply to financial product providers & financial products listed on this website: see below:-
Additional Terms and Conditions of Use applicable to this website regarding all Financial Products & Financial Product Providers
Terms and Conditions of Use of the PropertyPassion.com Website
These terms and conditions detail how the PropertyPassion.com website (the "Website") can be used. If you use the Website you agree to be bound by these terms and conditions.
In these terms and conditions, "we" and "us" mean PropertyPassion.com which is an internet resource name of KudosKing™
1. Access to the Website and Content
We will endeavor to allow uninterrupted access to the Website, but access to the Website may be suspended, restricted or terminated at any time.
We reserve the right to change, modify, substitute, suspend or remove without notice any information or service on the Website from time to time.
We assume no responsibility for the content or services of any other websites to or from which the Website has links.
2. Our Service
We grant you a non-exclusive, revocable, non-transferable license to use the software on our server to access and collect information from the websites of third party providers as permitted by use of our service.
Using our service allows you to access software on our server which you are licensed to use (as set out in clause 3) to obtain information held on our website or from the websites of third party providers. When you use the service, you may cause our software to send a request to the third party providers for information regarding products and/or services. You acknowledge and agree that when you access and collect information from the third party sites using our software, you do so on your own behalf and that you have not appointed us to act as your agent. We simply make our service and software available to you by which you may access such third party sites.
3. Intellectual Property
The copyright and all other intellectual property rights in the material contained in the Website, together with the website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets) belongs to us or our licensors. All rights are reserved. None of this material may be reproduced or redistributed without our prior written permission. You may, however, download or print a single copy for your own non-commercial off-line viewing.
All rights in PropertyPassion.com are owned by KudosKing™ Other product and company names mentioned on this Website are the trademarks or registered trademarks of their respective owners.
You shall retain ownership of the data you submit to the Website. You grant us a worldwide, royalty-free, non-terminable license to use, copy, distribute, publish and transmit such data in any manner.
Our site has security measures in place to protect the loss, misuse and
alteration of the information under our control.
Unauthorized use, tampering with or modification of this system may violate
federal or other statutes and may subject the violator to criminal and civil
penalties. In the event of unauthorized intrusion, all relevant information
regarding possible violation of law may be provided to law enforcement
other legal rights in or on behalf of any party.
Nothing within the Website is, or shall be deemed to constitute, financial or other advice or a recommendation to purchase any product or service. Any and all information provided within the Website is for general information purposes only. We strongly recommend that independent professional advice is obtained before you purchase any product and/or service via the Website.
For UK Users Only:
Information contained on this website does not construe the giving or selling
of financial advice under the terms and conditions of the UK Financial Services
Act 1986, UK Financial Services and Markets Act 2000 or any other UK
Financial Services Act passed by the UK Parliament and regulated by the UK
Financial Services Authority (FSA)
4. Exclusions of Liability
We use reasonable endeavors to ensure that the data on the Website is accurate and to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Website will be fault free and we do not accept liability for any errors or omissions.
We do not monitor, verify or endorse information submitted by us or third party providers for inclusion on the Website and you should be aware that such information may be inaccurate, incomplete or out of date. In particular, we do not monitor, verify or endorse the information or quotations collected from the product and service providers as presented to you on the results page. To the extent permitted by applicable law, we disclaim all warranties, terms and representations (whether express or implied) as to the accuracy of any information contained on the Website.
We do not give any warranty that the Website is free from viruses or anything else, which may have a harmful effect on any technology.
Due to the nature of electronic transmission of data over the internet, any liability we may have for any losses or claims arising from an inability to access the Website, or from any use of the Website or reliance on the data transmitted using the Website, is excluded to the fullest extent permissible by law.
We do not accept liability for death or personal injury howsoever caused. We shall not be liable in contract, tort or otherwise howsoever arising out of or in connection with this agreement or use of the Website for any indirect loss, consequential loss *, loss of profits, data, revenue, business opportunity, anticipated savings, goodwill or reputation.
* For losses that were not foreseeable to both parties when the contract was made * For losses that were not caused by any breach on part of the supplier * For business losses and/or losses to non consumers.
Each and every Client and website user agrees to indemnify and hold
harmless PropertyPassion.com, its affiliates, employees, agents, successors
and assigns harmless from and against any and all liabilities, losses,
damages, costs and expenses, including attorney’s fees, incurred by
PropertyPassion.com arising out of client’s failure to fully and timely
perform Client’s agreements herein or should any of Client’s representations
and warranties to PropertyPassion.com fail to be true and correct. Client
also agrees to pay promptly to PropertyPassion.com all damages, costs and
expenses, including attorney’s fees, incurred by PropertyPassion.com in the
enforcement of any of the provisions of this agreement and any other
agreements between PropertyPassion.com and the Client.
5. Exclusion of Liability for Third Party Providers' Products and Services
You can apply for and buy a number of products and services via the Website. Please be aware that the majority of products and services that appear on the Website are not provided by us and are provided by third parties over whom we do not have control. You should satisfy yourself that you wish to purchase those products or services before contracting with the third parties. We accept no liability for any products or services or information provided by third party providers. The third party providers will be supplying products and services on their own standard terms and conditions and you should check that you agree to those terms and conditions before making an application for financial services products or purchasing other services.
As you view the Website there may be references to specific terms and conditions, which apply to certain products or services. In such circumstances, it is your responsibility to refer to such terms and conditions applicable to those offers.
The advertisements that you see displayed on this website are delivered on our behalf by a third party advertising company. No personal data for example your name, address, email address or telephone number are used during the course of serving our advertising, but, on our behalf, our third-party advertiser may place or recognize a unique "cookie" on your browser. This cookie does not collect personal data about you nor is it linked to any personal data about you.
7. Data submitted by You
You warrant that you have taken all reasonable precautions to ensure that any data you submit to the Website is true and accurate and free from viruses and anything else, which may have a contaminating or destructive effect on any part of the Website or any other technology.
8. Your Telephone Calls
Telephone calls that you make to our customer service help line may be monitored or recorded. This will help us to train our staff and improve our service to you. A recording will only be used under proper and careful supervision. Our customer service help line which when it becomes available will be open from Monday to Friday 8.00am to 8.00pm EST. Please note that this service is not yet operational.
Our aim is at all times to provide you with an excellent service. However, if you are unhappy with our service for any reason, please contact our Customer Services Team by email at info@PropertyPassion.com. We aim to acknowledge receipt of your complaint, in writing, within 14 business days and we will inform you of the name or job title of the individual handling the complaint (together with details of our internal complaint handling procedures). We may combine the acknowledgement of the complaint with our final response, but in any event we aim to resolve complaints at the earliest opportunity.
If you are unhappy with any product or service that you have been introduced to through any of our channels, we recommend that you approach the provider of that product or service direct.
You shall pay any registration fees and/or other charges incurred by you in accordance with the payment provisions set out on the Website from time to time.
Full payment for products where required which are typically some of the insurance products on the PropertyPassion.com website should be made at the time of booking, in the secure area of the Website. Payment methods other than those stated on the Website will not be accepted. We will pass your card details and personal details, as necessary, to the insurance provider, who will take payment for the insurance in accordance with its terms and conditions. We reserve the right to charge you for any handling fees that we or the provider incur in respect of your booking. You will be informed of such charges before they are incurred.
Payment for other products and services will be made on the relevant provider's website.
We may terminate or suspend your access to the Website and the services within it at any time.
All disclaimers, indemnities and exclusions in these terms and conditions shall survive termination of the agreement between us for any reason.
The content of this Website is directed solely at those who access the site from G7 countries. We make no representation that any product or service referred to in this Website is available or otherwise suitable for use outside of the G7 countries.
The Website is for your non-commercial, personal use only and must not be used for business purposes. For clarification this does not include the booking of travel for business purposes nor where the area of interest is business finance.
If any provision of this agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.
If we fail to enforce a right under this agreement, that failure will not prevent us from enforcing other rights, or the same type of right on a later occasion.
We may modify these terms and conditions at any time. Your continued use of the Website signifies your acceptance of such modifications.
Except as set out below in this clause, neither party may assign or transfer any of its rights under these terms and conditions without the prior written consent of the other.
We may assign or transfer our rights under this agreement pursuant to a re-organization of trade or share sale, or to any company in the PropertyPassion.com group of businesses for our convenience.
Unless expressly provided in this agreement, no term of this agreement is enforceable pursuant to the UK Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
13. Governing Law
These terms and conditions are governed by and construed in accordance with the rule of Spiritual law and the law of Karma. Any disputes shall be subject to the exclusive jurisdiction of an arbitration procedure conducted by PropertyPassion.com to which each party submits.
The following sections form part of the terms and conditions and provide more specific guidance on certain products and services.
14. Interest rates, terms, and other information are subject to change without Notice
15. All guidance notes are deemed as read and understood by all website users
16. Insurance Products and Services
Our insurance channel allows you to compare insurance policies for various types of insurance products and services.
Please be aware that it is very important that before you buy any policy you carefully read the terms of the policy, the insurer's terms and conditions and any other relevant documentation, which applies to the policy. We will aim to give you enough information so that you can make an informed decision about your insurance but you should not rely solely on the information provided within our insurance channel. You must familiarize yourself with all the details of the policy, for example, the restrictions, exclusions, conditions and obligations, which apply to the policy. You must ensure that the policy matches your requirements and that you agree to the terms of the policy before you place an order to purchase any insurance product or service. We accept no responsibility whatsoever in the event that any policy purchased by you does not meet your requirements.
Insurers will use the information you input into the fact finding questionnaire to calculate their premium and any offer of insurance cover. It is your responsibility to ensure that such information and all other information you provide to the insurers (before cover begins and during the term of any policy you take out) is complete, accurate and not misleading. The information you supply maybe used to carryout certain credit checks through licensed credit-referencing agencies. This is used as part of the underwriting process for some of the insurers and a record of this search will be made. If you are in any doubt as to whether any information is relevant you should disclose it. If you do not provide all such information your selected insurer may be able to treat your insurance policy as if it never existed.
In the event that you decide to buy an insurance product or service, the confirmation of cover, the full policy documentation, details on how to make a claim and other relevant details should be sent to you by the insurer and not by us. For example, if there are any changes to your policy those changes should be communicated to you by your insurer. It is the insurer's responsibility to provide all relevant documentation to you and we can accept no responsibility in the event that you do not receive the documentation requested or expected.
The mortgage information available via the Mortgage Channel on the Website covers both mortgages in respect of a property purchase and mortgages secured on your property for a purpose other than purchase of that property. For example, this might include a debt consolidation loan or a home improvement loan.
The products displayed on the Website are examples of products currently available. Our selection as it appears on the Website and nothing in these terms and conditions constitutes advice or a recommendation to purchase a particular mortgage product.
You should also read the "Mortgage Guide" section of the Website, which provides information about mortgage products, interest rates and associated fees and charges.
We may receive commission and fees from certain mortgage lenders who advertise on or are linked to the Website. We may retain the commission and fees and we do not charge you for the service we offer via the Website.
The Mortgage Channel allows you to compare mortgage products and then links you to the relevant websites of certain mortgage lenders.
Please be aware that it is very important that before you apply for any mortgage product you carefully read the terms of the application form, the terms of the mortgage and any other relevant documentation, which applies to the mortgage. You must ensure that the mortgage matches your requirements and that you agree to the terms of the mortgage before you apply for any mortgage product. We accept no responsibility whatsoever in the event that any mortgage entered into or applied for by you does not meet your requirements.
In the event that you decide to apply for a mortgage product selected via the Website, the full mortgage documentation and other relevant details should be sent to you by the mortgage lender and not by us. It is the responsibility of the mortgage lender to provide all relevant documentation to you and we can accept no responsibility in the event that you do not receive the documentation requested or expected.
YOUR HOME MAY BE REPOSSESSED IF YOU DO NOT KEEP UP REPAYMENTS ON YOUR MORTGAGE
18. Credit Cards and Loans
The products displayed on the Website are examples of products currently available. Our selection as it appears on the Website and nothing in these terms and conditions constitutes advice or a recommendation to purchase a particular credit card or loan product.
We may receive commission and fees from certain lenders who advertise on or are linked to the Website. We may retain the commission and fees and we do not charge you for the service we offer via the Website.
The Credit cards and loans Channels allow you to compare products and then links you to the relevant websites of certain mortgage lenders.
Please be aware that it is very important that before you apply for a loan or a credit card product you carefully read the terms on the application form which will include details of the interest rates applicable and any early redemption charges if relevant.
In the event that you decide to apply for a loan or credit card product selected via the Website, the full documentation and other relevant details should be sent to you by the lender and not by us. It is the responsibility of the lender to provide all relevant documentation to you and we can accept no responsibility in the event that you do not receive the documentation requested or expected.
19. Flights, Car Hire and Hotels
Our flights, car hire and hotels channels allows you to compare these services and their prices. The Website will direct you to the relevant provider's website should you wish to purchase a particular service. If your preferred service is available on the provider's website and you purchase this service, the contract will be between the provider and you. We will not be a party to the contract. The provider's terms and conditions will apply in addition to these terms and conditions.
The provider's terms and conditions may include provisions relating to recommended minimum check-in times, e-ticketing, reconfirmation, cancellation or modification of bookings and refunds and other restrictions. You are solely responsible for complying with the provider's and the airline's terms and conditions.
20. Package Holidays
Our package holiday channel allows you to compare package holidays and their prices. The Website will direct you to the relevant provider's website should you wish to purchase a particular holiday. If your preferred holiday is available on the provider's website and you book a holiday, the contract will be between the provider and you. We will not be a party to the contract. The provider's terms and conditions will apply in addition to these terms and conditions.
We present general information on the Website in relation to package holidays for guidance only. It is your responsibility to check that you understand and comply with any specific requirements relating to the holiday, for example, any visa, passport or vaccination requirements.
21. New Cars
Our new car channel allows you to compare new cars and their prices. The Website will direct you to the relevant provider's website should you wish to purchase a particular vehicle. If your preferred vehicle is available on the provider's website and you purchase a vehicle, the contract will be between the dealer and you. We will not be a party to the contract. The dealers terms and conditions will apply in addition to these terms and conditions.
We present general information on the Website in relation to cars for guidance only. It is your responsibility to check that you understand and comply with any specific requirements relating to the purchase of the car in particular delivery instructions.
22. Real Estate
The property and real estate particulars contained on this website are for general information purposes only and their accuracy is not guaranteed neither do they form part of any contract.
Access to or use of PropertyPassion.com Web Site also constitutes consent to the following terms:-
In compliance with the Children's Online Privacy Protection Act (COPPA) we do not seek information from children 13 and under.
Please note that the PropertyPassion.com Web Site is for authorized use only. Unauthorized access or use is strictly prohibited and is subject to prosecution under the Computer Fraud and Abuse Act of 1986 and Title 18 U.S.C. Sec 1001 and 1030.
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