IF ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING THE SYSTEMS AND SERVICES. YOUR CONTINUED USE OF THE SYSTEMS AND SERVICES NOW OR FOLLOWING THE POSTING OF ANY SUCH CHANGES WILL INDICATE YOUR ACCEPTANCE OF THESE TERMS AND OF ANY SUCH CHANGES.
‘Account’ means your Account that we operate and you control within the Online Platform. For the avoidance of doubt, this includes the area where you instruct 222 and manage the process of a sale, purchase, let and/or rent (including all marketing services).
‘Complimentary’ means free of charge without financial consideration.
‘Content’ means all of the content, documents, information and matters on or in your Account or contained within the Website and or Online Platform, whether through the Website and/or Online Platform or uploaded manually.
‘Deferred Payment Date’ means the definition contained in the Service Agreement.
‘Fully Managed service’ means our fully managed service offered from time to time. For further information, please visit our Letting Page
‘Introduction service’ means our standalone create your own advert service. For further information, please visit our Letting Page
‘Part Managed service’ means our rent collect service offered from time to time. For further information, please visit our Letting Page
‘Products & Services’ means all and each of the products and/or services offered from time to time by 2 within the Website and Online Platform.
‘Systems’ means the Website and Complimentary or subscribed (following a payment) access to the Online Platform.
‘User’ means you or anyone who uses the Systems
‘Website’ means www.222.com and www.222.co.uk, including all systems, Software and processes hosted therein.
There are rules and standards that you must abide by in connection with your use of the Systems. This is for the protection of all Users.
222 has the right to enforce those guidelines as it deems appropriate in its sole discretion. This means that if you, or anyone using your Account, 222 password or identifying information, violate these Terms, 222 may take any and all actions from the issuance of a warning to terminating your right to use the Systems (without refund or part credit of any fees paid) to involvement of the appropriate authorities that 222 deems necessary or appropriate. 222 are not required to provide notice prior to terminate your right to use the Systems for violating these Terms, but it may choose to do so.
BY USING THE SYSTEMS, YOU AGREE TO WAIVE ANY CLAIMS YOU MAY HAVE AGAINST 222, AND TO HOLD 222 HARMLESS AND INDEMNIFY 222 WITH RESPECT TO ANY CLAIMS RELATING TO ANY ACTION TAKEN BY 222 AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED OR THE WITHDRAWAL OF THE SYSTEMS WHETHER TEMPORARILY OR PERMANENT. THIS MEANS THAT YOU CANNOT SUE 222 OR RECOVER ANY DAMAGES WHATSOEVER FROM 222 AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SYSTEMS, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF 222 CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
You expressly agree that your use of, or inability to use, the Systems is at your sole risk. The Systems are provided ’as-is‘ and ’as-available‘ for use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
In no case shall 222, its Directors, Officers, Employees, Affiliates, Agents or Contractors be liable for any direct, indirect, incidental, special or consequential damages arising from your use of any of the Systems or for any other claim related in any way to your use of the Systems.
222 may send you notices with respect to the Systems by sending an e-mail message to the email address listed in your 222 Account or by sending a letter via postal mail to the contact address listed in your 222 Account.
You agree that these Terms are not intended to confer and do not confer any rights or remedies upon any person other than you, as a User of the Systems, and 222.
If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. 222 failure to enforce any right or provisions in the Terms will not constitute a waiver of such provision, or any other provision of the Terms.
The personal information which you give to 222 when registering for access to the Systems will be used in connection with your use of the Systems and will be transferred to and maintained in 222 records in the United Kingdom. If you do not consent to this transfer, do not accept these terms and conditions.
222 does not guarantee or warrant that any photos, photobooks, digital images, data or text (collectively, ’Content‘ for the purpose of this provision) you create, upload, send or store for the purpose of your use of the Systems will not be subject to inadvertent damage, corruption or destruction. If any Content is damaged, lost or corrupted in any way, 222 will have no obligation or liability to you. You are solely responsible for your use of the Systems, including all Content you generate or upload to 222. 222 is not and will not be responsible for what is contained in any such Content.
Although 222 encourages you to use the Systems to express your creativity, 222 reserves the right to refuse to process any order or upload submitted by you containing Content that 222, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise offensive, illegal, inappropriate or unacceptable, including any material 222 believes may cause any liability for it under any applicable law or regulation, or which may cause 222 to lose the Systems any suppliers provide as part of the Systems or in connection with fulfilling any order for Systems. In particular, 222 reserves the right to refuse to process orders or uploads containing Content which, in 222 sole opinion, contains expressions of abuse, offensive language or images, obscenity or pornography (including but not limited to child abuse or child pornography, and/or depictions of minors engaged in sexual conduct or explicitly sexual situations). By submitting Content to 222, you are representing that you are the owner of such material, or have proper authorisation from the owner of the Content to distribute it. You hereby grant 222 a worldwide, royalty-free, non-exclusive license to use the Content for the limited purpose of providing and processing the Systems.
Nothing in this Agreement shall be construed to convey to you any interest, title, or license in a 222 password, email address, domain name, or similar resource used by you in connection with the Systems or the Software.
In order to take advantage of the Online Platform you will need to register on www.222.co.uk.
You must provide accurate information about yourself and agree to our verification process. We will as part of that process take details of your IP address. By registering with 222 you give us express permission to do so. Once registration is complete we will open you an Account free of charge, which will give you access to the Online Platform.
As part of our professional obligation it is important that we know who is booking a viewing and whether they are in a position to proceed with a purchase. When a viewing is booked an associate of 222 will contact you to confirm your funding arrangements. We will advise the seller of your position should an offer be made together with the details provided by you on our platform at the time you submit your offer. You may be contacted again by us at the time an offer is made to seek further information and clarification.
Where you have registered to book a viewing on a property that is being sold by way of auction, we shall pass your contact details to GOTO Auctions Limited, 222 Online Auctions’ partner, to enable them to ensure that you understand the auction process.
All estate agents have a legal obligation to conduct identification checks on their customers in accordance with the Anti-Money Laundering legislation.
For sellers this must take place at the point you instruct 222. For buyers this must take place at the point your offer is accepted by a seller.
We shall carry out an electronic identification check which has no impact on your credit rating and any information that we receive in connection with that search will solely be used for the purposes of the Anti-Money Laundering legislation.
Please be advised that if you choose to auction your property we shall share your identification data with GoTo Auctions Limited who are themselves required to establish the identity of all owners of the property. This avoids the need for you to provide such data more than once.
Once the result of the electronic check is ascertained, unless we have a copy of acceptable photo ID (see List A below), we shall ask you two simple security questions to confirm that you are the person identified.
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