The website Emoh (the “Website”) is owned and operated by Emoh Ltd (“we” or “us”). Content which can be viewed, downloaded, discerned or made available via the Website shall be termed “Content” for the purposes of these Terms & Conditions. Emoh Ltd. is incorporated in the United Kingdom under Registered Company Number 9310582. Our Registered Office is at 22 Highbury Grove, London, N5 2EF.
The Website is designed to provide a portal for individuals looking to buy, sell, lease or rent property. To increase the amount of Content on the Website, we also allow approved residential and commercial property developer organisations (“Developers”) to use and access the Website. These Terms & Conditions (“Terms”) are divided into 5 sections, as follows:
- PART A applies to all individual users of the Website.
- PART B applies to approved Developers who use the Website.
- PART C sets out general terms which apply to ALL users.
- PART D sets out terms and conditions which apply to the sale and purchase of services from the Website.
We advise you to read these Terms carefully before using the Website. By using the Website or Content you are deemed to accept, and confirm a willingness to be bound, by these Terms, therefore if you do not accept or wish to be bound by these Terms you should not use the Website or Content.
Please note that throughout these Terms the word “use” is used to denote use in the broadest sense, and shall include, for example, storage, download, review, making available, and having another do any act of use on your behalf or at your request. If you are an individual accepting these Terms on behalf of a Developer organisation, by using the Website you acknowledge and agree that the Developer will be bound by these Terms. You hereby warrant and represent that you have full capacity and authority to enter into these Terms for and on behalf of the Developer company or organisation identified by you during registration.
These Terms are intended to comply with English law. If you are a resident of any other jurisdiction and you use the Website, it is your responsibility to comply with applicable local laws, but your relationship with us which exists by virtue of these Terms will be governed exclusively by English law and is subject to the exclusive jurisdiction of the English courts.
By using the Website you are agreeing to waive any right which you might have under another territory’s law to bring a matter concerning our relationship before a court, tribunal or quasi-judicial process in that other territory. Where we refer to “loss” in these Terms, this shall include without limitation loss of business, opportunity, income, profits, savings, money, property, reputation and goodwill. Where we refer to “damage” or “harm”, this shall include without limitation damage to or harm suffered by a person, tangible or intangible property, or other legal entity.
PART A: Individual Users
This section applies to you if you are NOT an approved Developer.
A1. No Agents Warranty
A1.1 The Website and Content is made available to you as an end-consumer, and to remove agents from the property sale and purchase process. If you are an agent acting on behalf of a property owner you must not use the Website or Content. By using the Website or Content you are warranting that you are not doing so as an agent for another. If you act in breach of this warranty you hereby agree to provide to us any monetary or other benefit which you gain arising from your use of the Website or Content.
A1.2 For the avoidance of doubt, clause A1.1 does not apply to individuals who own multiple properties and are acting in the capacity of a landlord, provided that they may only use the Website in respect of properties they personally or corporately own.
A2. Registration Details
A2.1 You hereby warrant that you are 18 years of age or over, which is the minimum age for valid registration of an account (the “Account”) on the Website.
A2.2 You hereby warrant that you are not a convicted sex offender.
A2.3 When registering or holding your Account you hereby agree and acknowledge that:
- (a) you will only create and hold the Account for yourself;
- (b) you will not create or hold any additional accounts;
- (c) you will not allow a third party to use your Account;
- (d) you will not transfer your Account to a third party without our prior consent in writing;
- (e)you will not provide any false personal information when registering your Account;
- (f)you will not disclose your password or login details to a third party, and if you should become aware that a third party has access to them, you will notify us immediately;
- (g)you will provide your real name in full when registering your Account;
- (h)you will not choose a username for your Account which is offensive, threatening, hateful, pornographic, obscene, discriminatory, defamatory, in breach of confidence, in breach of privacy, or infringes any intellectual property rights or other rights of any third party;
- (i)you will keep updated and correct all information, including contact information, which you have provided when registering your Account;
- (j)you will create only one account, and if we terminate or suspend it in accordance with our rights under these Terms, you will not create, or cause to be created, another account.
SECTION B: Developers
This section applies to all Developer users.
B1. Non-Exclusive Access
B1.1 You acknowledge and agree that these Terms shall be non-exclusive between us and you, and that we may provide access to the Website to other developers (whether actual or potential) including those who compete directly with you.
B2.1 In order to access and use the Website as a Developer, you shall first be required to register an account (“Developer Account”) with the Website. We may reject or approve your application to register at our sole discretion.
B2.2 We reserve the right to conduct verification and security procedures in respect of all information provided for and on behalf of you to us during registration. If we have reason to believe that the information provided by you to register and use the Website breaches or is likely to breach any of the provision in these Terms, we may take any action that we deem appropriate including without limitation, to refuse you access to the Website.
B2.3 When registering or holding your Developer Account you hereby agree and acknowledge that:
- (a) you will only create and hold the Developer Account for use on behalf of the Developer organisation;
- (b) you will not create or hold any additional accounts;
- (c) you will not transfer your Developer Account to anyone without our prior consent in writing;
- (d) you will not transfer your Account to a third party without our prior consent in writing;
- (e) you will not provide any false personal information when registering your Account;
- (f) you will not disclose your password or login details to a third party, and if you should become aware that a third party has access to them, you will notify us immediately;
- (g) you will provide your real name in full when registering your Account;
- (h) you will not choose a username for your Account which is offensive, threatening, hateful, pornographic, obscene, discriminatory, defamatory, in breach of confidence, in breach of privacy, or infringes any intellectual property rights or other rights of any third party;
- (i) you will keep updated and correct all information, including contact information, which you have provided when registering your Account;
- (j) you will create only one account, and if we terminate or suspend it in accordance with our rights under these Terms, you will not create, or cause to be created, another account.
B2.4 These Terms shall apply to any and all your employees and representatives who access and use the Website through a Developer Account (“Authorised Users”), and you shall ensure all Authorised Users:
- (a) use a corporate email address as allocated by you when creating an Authorised User profile;
- (b) keep their login details (their username and password) safe and secure to ensure that they are not used without your permission;
- (c) immediately notify us if there is any reason to believe that there has been unauthorised use or access to any Website login details and/or your Profile.
- (d) comply with any directions by us relating to the establishment and use of the website by Authorised Users; and
- (e) only access the Website using any one Authorised User account at any one time.
B2.5 You remain directly liable to us at all times for any acts or omissions of all Authorised Users, or any use of Authorised Users’ login details to access the Website whether authorised by you or not. B2.6 You shall procure that use of the Website by all Authorised Users is compliant with all relevant statutory provisions, including but not limited to e-commerce, data protection, fraud and anti-money laundering regulations.
B2.7 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Website or any products or services purchased by you through the Website. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Website or any products or services purchased through the Website are suitable for your purposes.
B2.8 At any time upon notice to you, we may require you to execute any further documents to confirm acceptance of, or give full effect to, these Terms.
B.3 Website Tools
B3.1 As part of your access to the Website, from time to time you may be granted access to certain software tools, feeds or other technical mechanisms to interface and interact with the Website (“Tools”). We grant you a non-exclusive, non-assignable, non-sub-licensable right to use the Tools strictly to enhance and improve your use of the Website, provided that you shall not, except as expressly permitted in these Terms:
B3.1.1 modify, translate, create or attempt to create derivative copies of or copy the Tools and/or the Website in whole or in part;
B3.1.2 reverse engineer, decompile, disassemble or otherwise reduce the object code of the Tools or the Website to source code form;
B3.1.3 distribute, sub-licence, assign, share, timeshare, sell, rent, lease, transmit, grant a security interest in or otherwise transfer the Tools or the Website or your right to use the Tools or the Website.
SECTION C: All Users
This section applies to all Developer users.
C1. Access to the Website
C1.1 Whilst we try to ensure that access to the Website is always available, from time to time we may need to temporarily restrict access to the Website without notice. We reserve the right to do this, whether for the purposes of servicing the Website or Content or otherwise, and we accept no liability, howsoever caused, which arises from us exercising this right.
C1.2 We reserve the right to withdraw and/or amend the Website and Content without notice and we accept no liability howsoever caused arising from us exercising this right.
C1.3 We accept no liability howsoever caused for any accessibility issues or functionality failures relating to the Website or Content at any time.
C1.4 We are not required to draw to your attention or update any Content which is incorrect or out of date. We hereby disclaim any express or implied warranties as to the completeness or accuracy of the Website or Content, and we accept no liability, howsoever caused, arising from any Content which is not correct or up to date.
C1.5 If we grant you access to the Website with a user identification code, password or other login details, such details are personal to you, and you must keep them confidential and not permit or enable anyone else to use them. We reserve the right to disable any such codes, passwords or details in the event of breach by you of any of these Terms, and to take any further action that we deem necessary. We accept no liability, howsoever caused, which arises from us exercising these rights.
C1.6 If we grant you access to the Website via a valid account on a social networking service (“SNS”) you hereby agree to comply with and be bound by the terms and conditions of the relevant SNS as well as these Terms.
C2. Permitted Use
C2.1 Subject to the restrictions set out in clauses A1.1 and C2.2, and the warranties set out in clause 4.3, you are permitted to use the Website and Content in relation to selling or letting your property, and/or buying or renting a property.
C2.2 You may not:(a) unless you are an approved Developer (see Part B) or a landlord (see clause A1.2), make commercial use of any part of the Website or Content (in particular but not limited to any use as an agent);
- (b) copy, modify, remove or alter Content;
- (c) remove any intellectual property notices in the Website or Content;
- (d) misrepresent your association with us or otherwise use the Website or any Content in a way that causes or risks causing confusion or an association as between you (or a third party) and us;
- (e) present any false or misleading information about us or otherwise use any Content in a way that causes or risks causing harm or detriment to us, our goodwill and reputation, or any other users of the Website;
- (f) expressly or impliedly state that we endorse you, your property, or any other third party or their products or services;
- (g) publish, use or link to any Content which is itself, or is associated with content which is, illegal or harmful, including but not limited to content which is offensive, threatening, hateful, pornographic, obscene, discriminatory, defamatory, in breach of confidence, in breach of privacy, infringes any intellectual property rights or other rights of any third party, or otherwise does not comply with all applicable laws and regulations (all of the foregoing being “Harmful Content”);
- (h) misuse the Website, including but not limited to hacking or other intrusions or attempted intrusions; and/or
- (i) use the Website or Content to spread malicious software or code, including but not limited to viruses, malicious script, spyware, Trojan Horses or worms.
C2.3 If you do not comply with your obligations set out in these Terms, we may revoke the rights granted to you by the Terms, and we reserve the right to take any further action which we deem appropriate. We accept no liability howsoever caused which arises from us exercising these rights.
C2.4 You indemnify us to the fullest extent possible for any loss or damage suffered by us or another which arises out of or in connection with a breach by you of your obligations under these Terms.
C.3 Intellectual Property Rights
C3.1 Unless otherwise indicated by us, we are the owner or licensee of all intellectual property rights in and to the Website and Content, including but not limited to copyright and unregistered and registered trade mark rights. All such rights, save as expressly granted, are reserved, and the benefit of any goodwill which arises through your use of the Website or Content vests in us.
C3.2 Unless otherwise specified, the authors of the literary and artistic works within the Website and Content have reserved their moral rights to be identified as authors pursuant to Section 77 of the Copyright, Designs and Patents Act 1988.
C3.3 In the event that you submit to appear on the Website any information, comments, images, third party URL links or other material whatsoever in any format (“User Submissions”), whether on your Account, in any Content or elsewhere on the Website, you hereby grant to us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide licence to use, replicate, modify, publish, translate, distribute, create derivative works from, perform and display the User Submissions or any part thereof on the Website.
C.4 Exclusion of Liability
C4.1 You use the Website and Content at your own risk.
C4.2 Other than as explicitly stated in Section D of these Terms (for the sale and purchase of goods and services), we accept no liability, howsoever caused and whether directly or indirectly, for any loss or damage caused to you or another arising out of or in connection with you using the Website or Content.
C4.3 We will endeavour to remove Harmful Content which is uploaded to the Website and to ensure appropriate action is taken against the individual(s) responsible. However, this is at our discretion, and we accept no liability for any Harmful Content and disclaim any obligation to remove such Harmful Content or to suspend or revoke access to the Website to the individual(s) responsible.
C4.4 We accept no liability for changes (be they additions, deletions, amendments or otherwise) made to the Website or Content by unauthorised third parties.
C4.5 We accept no liability for links (whether created by us or another) from this Website to third party applications, websites or resources. Unless otherwise stated we do not endorse the content thereof and we accept no liability for such content or any loss or damage suffered by you or another arising out of or in connection with your use of, or for your failure to comply with the terms and conditions of, such applications, websites or resources.
C4.6 We may link from this Website to other applications, websites or resources owned or operated by us. The TipC Application, along with any other applications, websites or resources owned or operated by us, is governed by its own terms and conditions, and you hereby agree that in accessing and using such applications, websites or resources it is your responsibility to read and comply with the relevant terms and conditions, and we accept no liability for your failure to do so.
C4.7 We hereby exclude any express or implied warranties that using the Website or Content will not cause loss or damage to any data or property, for example software or hardware, including but not limited to loss or damage caused by malicious script, viruses, spyware, Trojan Horses or worms. We accept no liability for any such loss or damage suffered by you or another as a result of you using the Website or Content.
C4.8 We accept no liability for breach of security of any communications in whatever form sent by you to us or to other users using the Website or Content. Such communications are entirely at your own risk.
C4.9 We reserve the right to monitor all communications, including communications between you and other users of the Website, for the purposes of security, ensuring compliance with these Terms, and detecting fraud and other crimes.
C4.10We accept no liability for any consequences of your dealings with other users of the Website, Content or the TipC Application, including but not limited to any loss, damage or harm to person or property caused or perpetrated by other users of the Website, Content or TipC Application with whom you share information, irrespective of how, where or in what form this occurs. Please see our Security Guidelines [insert hyperlink] for further guidance on how to minimise the risks of advertising and conducting viewings at your property.
C4.11 Nothing in this clause C4 should be interpreted as seeking to exclude or limit statutory or other liabilities which cannot be excluded or limited by law, nor in particular our tortious liability for death or personal injury resulting from our negligence, fraud or fundamental misrepresentation, and any reference to us not accepting or seeking to exclude liability shall be interpreted as us not accepting or excluding our liability to the maximum level permitted.
C5.1 Your right to use and access the Website shall commence upon registration and continue unless cancelled by you or us in accordance with this clause C5.
C5.2 You may cancel your Account or Developer Account (as applicable) at any time by providing us with thirty (30) days written notice of cancellation by email to email@example.com.
C5.3 We may cancel your Account or Developer Account (as applicable) if we believe or have reason to believe that you or someone using your Account or Developer Account has failed to comply with one or more of these Terms or there has been fraudulent use, misuse or abuse of the Website; or otherwise in accordance with clause C1.2.
C5.4 We accept no liability for changes (be they additions, deletions, amendments or otherwise) made to the Website or Content by unauthorised third parties.
- (a) you will no longer be entitled to use and access the Website; and
- (b) it is your responsibility to copy or otherwise separately preserve any information you submit to the Website, including without limitation any Content uploaded by you. We will remove all such information and Content from the Website upon cancellation.
C.6 Data Protection & Privacy
C6.3 We will cooperate fully with law enforcement authorities, and we will comply with any requests by such authorities or orders of a competent court to disclose any information which is necessary for the investigation, location or prosecution of any user of the Website, including in connection with breach of any of these Terms which may amount to a criminal or civil offence or other contravention.
C.7 Changes to Terms & Conditions
From time to time we may change these Terms without notice to you, and we are not obliged to draw any such changes to your attention. You acknowledge that each time you access the Website there may be changes to these Terms, that you will be bound by them when you access or use the Website or Content, and that it is your responsibility to familiarise yourself with them.
If any provision of these Terms is declared to be unlawful, invalid, void or for any reason unenforceable, this will not affect the validity and enforceability of the remaining provisions of these Terms, and the offending provision shall be replaced by an enforceable provision which reflects the closest position to that intended by the offending provision.
C.9 Entire Agreement
These Terms and any policies or other terms of ours referred to in them constitute the entire agreement between you and us in relation to the Website.
C.10 Jurisdiction & Governing Law
These Terms are governed by and shall be construed in accordance with English law. The English courts shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms or their interpretation.
SECTION D: Services
This section applies to the sale/purchase of certain services from us through the Website (“Services”) and any associated products or materials that are to be produced as part of the Services (“Products”). Please note that this excludes any ‘Third Party Services’ we may advertise or refer to on the Website, as explained in clause D9 below.
D1.1 This Part D of the Terms will apply to any contract between us for the provision of Services to you (“Contract”). Please be sure to read this Part D carefully each time before you order any Services from our Website.
D1.2 Any images detailing the Services or any Products on our Website are for illustrative purposes only. Although we have made every effort to display image colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of any products forming part of the Services. Your products may vary slightly from those images.
D1.3 All Services listed on our site are subject to availability. We will inform you by e-mail as soon as possible if the Service you have ordered is not available and we will not process your order if made.
D1.4 If you are a consumer, you have legal rights in relation to goods and services that are faulty or not as described by us. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
D1.5 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase our Services.
D2. Submitting an Order
D2.1 You can order Services by selecting the service/product, indicating the quantity and following the order process through to completion, as is described on the Website.
D2.2 Please make sure any information and instructions you provide to us when you order Services is correct and accurate. Unfortunately, we cannot accept the return of customised or “made-to-measure” Services and Products if the reason for the return is because you provided us with incorrect information. However, this will not affect your legal rights as a consumer in relation to services that are faulty or not as described.
D2.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. We will confirm our acceptance to you by sending you an e-mail setting out the details of your order and confirming we will deliver or provide the ordered Services and/or Products (“Confirmation”). The Contract between us will only be formed when we send you the Confirmation.
D2.4 Once we send you the Confirmation, you agree that you wish us to commence providing the Services as soon as possible.
D2.5 If we are unable to supply you with a Service – for example because that Service is no longer available – we will inform you of this by e-mail and we will not process your order. If you have already paid we will refund you the full amount as soon as possible.
D.3 Consumer Returns and Refunds
D3.1 This section D3 only applies if you are a consumer.
D3.2 You have a legal right to cancel a Contract during the period set out below in clause D3.4. This means that during the relevant period set out below, if you change your mind or for any other reason you decide you do not want to proceed with the Services, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
D3.3 Your cancellation right does NOT apply in the case of:
D3.3.1 any made-to-measure, custom-made goods or Services that have been made to your specification or personalised in any way; or
D3.3.2 software, DVDs or CDs which have a security seal which you have opened or unsealed.
D3.4 Your legal right to cancel a Contract starts from the date of the Confirmation, which is when the Contract between us is formed, and will end:
D3.4.1 for Services, you agree the cancellation period ends at the time we commence providing the Services. We endeavour to provide a prompt service and you acknowledge that the Services will commence almost immediately and at a minimum within 24hrs of sending the Confirmation of your order. This means you have a very short time to cancel your Contract for such Services.
D3.4.2 for any products that are NOT made-to-measure or personalised, a period of 7 (seven) working days starting from the day after the day you receive the products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
D3.5 To cancel a Contract, please contact us in writing to tell us by sending an e-mail to firstname.lastname@example.org to tell us. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail then your cancellation is effective from the date and time you sent us the e-mail.
D3.6 If your cancellation is valid you will receive a full refund of the price you paid for the Services and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause D3.4. If you returned the Products to us because they were faulty or mis-described, please see clause D3.7.
D3.7 If you have returned the Products of any Services to us because they are faulty or mis-described, we will refund the price of the defective Services in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
D3.8 We will refund you on the credit card or debit card used by you to pay.
D3.9 For valid and approved returns of any Products have already been delivered to you:
D3.9.1 you must return these Products to us as soon as reasonably practicable;
D3.9.2 unless the Products are faulty or not as described (in this case, see clause D3.6), you will be responsible for the cost of returning the Products to us; and
D3.9.3 you have a legal obligation to keep the products in your possession and to take reasonable care of the products while they are in your possession.
D4.1 Your order will be fulfilled by the estimated delivery date set out in the Confirmation, unless there is an Event Outside Our Control (see clause D8 below). If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
D4.2 Delivery will be completed when we deliver the Products to the address you gave us. The Products will be your responsibility from the completion of delivery.
D4.3 You will own any Products once we have received payment for the Services in full, including all applicable delivery charges.
D4.4 If you order Services from our site for delivery to a country outside the UK that we deliver to, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
D.5 Pricing And Payment
D5.1 The prices of the Services will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Services are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Services you ordered, please see clause D5.5 for what happens in this event.
D5.2 Prices for our Services may change from time to time, but changes will not affect any order which we have confirmed with a Confirmation.
D5.3 The price of Services includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Services in full before the change in VAT takes effect.
D5.5 It is always possible that, despite our reasonable efforts, some of the Services on our site may be incorrectly priced. If we discover an error in the price of the Services you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Services at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Services to you at the incorrect (lower) price.
D5.6 You can only pay for Services using a debit card or credit card that we accept, as set out on the Website.
D5.7 Payment for Services and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
D.6 Service Guarantees
We often work with approved service partner organisations to deliver the Services to you. Some of these Services and Products come with a guarantee from the service provider partner. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Products. This is in addition to your legal rights in relation to Services that are faulty or not as described.
D7.1 This section D7 sets out our liability to you specifically relating to the provision of our Services to you through the Website. Please note our liability for your general access to and use of the Website is addressed in Part C of the Terms.
D7.2 We do not in any way exclude or limit our liability relating to any Contract for:
D7.2.1 death or personal injury caused by our negligence;
D7.2.2 fraud or fraudulent misrepresentation;
D7.2.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
D7.2.4 if you are a consumer:
- (a) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
- (b) defective products under the Consumer Protection Act 1987.
D7.3 If you are a consumer:
D7.3.1 we only supply the Services to you for your own personal and non-commercial use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity; and
D7.3.2 if we fail to comply with these Terms regarding any Services provided to you, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract; and
D7.4 If you are NOT a consumer, subject to clause D7.2 we will under no circumstances whatever be liable to you (whether in contract, tort including negligence, breach of statutory duty or otherwise) arising under or in connection with the Contract for any loss of profits, sales, business, or revenue; loss of business opportunity; loss of anticipated savings; loss of goodwill; or any indirect or consequential loss.
D7.5 Subject to clause D7.2, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Services or £100, whichever is greater.
D.8 Events Outside Our Control
D8.1 In these Terms, an “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, or any failure of our suppliers or subcontractors.
D8.2 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.
D8.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
D8.3.1 we will contact you as soon as reasonably possible to notify you; and
D8.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects the delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
D.9 Third Party Services
D9.1 Certain of the services which may be available via the Website (including but not limited to certain negotiations, valuation, listings, interior design and translation services) are carried out by third party service providers (the “Service Providers”). You acknowledge and agree that by engaging the services of any of these Service Providers, you are entering into a contractual relationship with the relevant Service Provider directly, and that you are obliged to read and comply with any terms and conditions of that Service Provider. We act neither as agent nor in any other capacity in the relationship between you and the relevant Service Provider, and we disclaim any liability for loss or damage caused to you or another as a result of any acts or omissions of the Service Provider, or as a result of your failure to comply with the terms and conditions of the Service Provider.