|
Membership renews on a quarterly basis unless cancelled. A membership or renewal may be cancelled at any time click here
By paying your membership by continuous card payment authority [ Future Pay] you benefit from unrestricted access to all member services, you help us reduce our administration costs therefore help us to provide a quality service at the lowest cost to our members riky user agreement
The following describes the terms on which riky offers you access to our Services (as defined below). Please read through these terms (the "Terms"). If you do not agree with the Terms, do not use this web site. If you do use the Site (as defined below), your conduct indicates that you agree to be bound by the terms.
1 Definitions 1.1 These Terms apply to the information, forms, guides, property listings and any other content, whether available and accessible with membership or not, (the “Services”) available from the domain and sub-domains of www.riky.co.uk and from all other riky branded websites including, but limited to www.rikybuytolet.co.uk , provided for UK users (the "Site").
1.2 You are contracting with riky.co.uk which is a trading name of RIPL Trading Limited, Atlantic Business Centre, Atlantic Street, Altrincham, Cheshire WA14 5NQ "riky", “riky.co.uk”, "we", "us" or "our".
1.3 Your use of our Services is governed by the following terms and conditions and any other documents annexed thereto (the "User Agreement"). Before you can become a member of riky to use our paid Services or have use any free Services, you must read and accept all of the terms and conditions of this User Agreement. You should read through all the terms carefully.
1.4 The User Agreement constitutes a legally binding agreement between you and riky.
1.5 This User Agreement is valid from 1 September 2007 and is effective upon acceptance for new users.
2 The use of riky
2.1 You may not use the Site if you are under the age of 18 or you are not able to form legally binding contracts, not resident in the UK, or if your riky membership has been suspended. While using the Site, you will not: copy, modify, or distribute our copyrighted works or trade marks, or other content from the Site; or distribute, display or copy any of the contents of the pages contained in this web site to third parties including, but not limited to 'caching' any material on our Site for access by third parties and 'mirroring' any material on this Site; not print or download to disk the contents of an individual page of this web site for any other purpose except private and personal non-commercial use not permit your computer to make an electronically stored, transient copy of the content in this Site for the purpose of viewing it unless while you are connected to the Internet only. However, you may only make one copy of any content. post, list or upload inappropriate, inaccurate, false, misleading or defamatory content (including personal information) on the Site; post, list or upload property advertisements which are in breach of the Properties Misdescriptions Act 1991 breach our policies or any laws, otherwise infringe the copyright, trade mark or other rights of riky or any third parties; collect information about users, including email addresses, without their express consent.
2.3 Unless otherwise specified the copyright in the contents of all the pages in this web site are owned by or licensed to riky.co.uk. Unless otherwise specified, the authors of the literary and artistic works in the pages in this web site have asserted their moral right pursuant to Section 77 of the Copyright Designs and Patents Act 1988 to be identified as the author of those works.
2.4 If you are registering with riky as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on riky, you must comply with all applicable laws.
2.5 We will commence supplying our services to you as soon as you accept this User Agreement. Unless you and riky agree otherwise, you will not be able to cancel this User Agreement under the Consumer Protection (Distance Selling) Regulations 2000 once the supply of the services has commenced.
2.6 The use of downloads and services is subject to a policy of fair use. If we have reason to believe that the use of services such as automated document wizards are being used excessively and not for a genuine purpose, we reserve the right to suspend your account and take any further action that we deem necessary.
3 Abuse
3.1 riky and the riky community work together to keep the site working properly and the community safe. Please report problems, offensive content, and policy breaches to us. If you believe that your rights have been infringed, please notify us and we will investigate.
3.2 Without limiting other remedies, we may issue you with warnings, limit, suspend, or terminate our services and your account(s), restrict your access to, and your activities on, the Site (including, without limitation, by removing listings and other hosted content), warn the riky community not to transact with you and/or take technical and legal steps to stop you from using the Site if:
we think that you are creating problems (including, without limitation, by harassing riky staff or other users) or exposing us or another riky user to financial loss or legal liabilities; we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies; despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
you earn a net feedback rating which we deem unacceptable.
3.3 We also reserve the right to cancel unconfirmed accounts.
3.4 You agree not to hold riky responsible for any loss you may incur as a result of riky taking any of the actions described above.
4 Unsolicited commercial communications
4.1 We do not tolerate ‘spam’ (unsolicited commercial communications). You may not add other riky users, even a user who has purchased a property from you, to your mailing list (e-mail or physical mail) without their consent. 4.2 You may not use our communication tools to send spam or otherwise send content that would breach our User Agreement 4.3 To report spam from other riky users, please contact us at web@riky.co.uk.
5 Using information about other riky users
5.1 You agree to use user information only in accordance with applicable laws and regulations (including, without limitation, data protection laws) and only for: riky-transaction-related purposes that are not unsolicited commercial communications using services offered through riky; and other purposes that a user expressly agrees to.
6 Membership fees and other payments
6.1 Some content on the Site is free for personal use. We do charge fees for using other services, such as listing items and membership to access premium services. When you list a property, document, service etc or use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged.
6.2 Any changes to the fees will take effect 14 days after we notify you of them either by email or via other means. We may choose to temporarily change the fees for our services for promotional events (for example, "free listing period") or new services, and such changes are effective when we post the temporary promotional event or new service on the Site.
6.3 All fees are payable in GB pounds sterling. You are responsible for paying all fees and applicable taxes (including any value added tax) associated with using the Site.
6.4 If your payment method fails or your account is overdue, we may collect fees owed using other collection mechanisms. (This includes, without limitation, charging other payment methods on file with us and retaining collection agencies and legal advisers.) You agree that we may issue you with invoices in electronic format by e-mail.
7 Content licence for hosting
7.1 When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, trade marks, database rights and all other intellectual property rights you have in the content, in any media known now or in the future. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law. Such rights are required to host and display your content.
7.2 You warrant that any content or information you upload onto the Site is not does not infringe of any third party copyright, trademark or other such rights.
7.3 You acknowledge that we are not obliged to publish any material submitted by you.
8 Exclusion of Liability
8.1 Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
8.2 You will not hold riky responsible for other users' actions or inactions.
8.3 Any content (including, but not limited to, guides, forms, letters, notices or other information which can be used or downloaded) is for information only and provided ‘AS IS’ and without warranties of any kind, either express or implied.
8.4 To the fullest extent permissible pursuant to UK law, we disclaim all warranties expressed or implied, including but not limited to implied warranties of reasonable care, satisfactory quality or fitness for a particular purpose and non-infringement of title. Content is intended as general information only and does not constitute legal or other professional advice. It should not be relied on as the basis for any decision or legal action (or to refrain from doing so).
8.5 Whilst we take every reasonable step to ensure the accuracy and reliability of information contained on our Site, we cannot accept liability for any loss suffered due to reliance on the contents of it. The law is constantly changing so expert advice should always be sought.
8.6 In no event do we accept liability of any description, including liability for negligence (except for personal injury or death), for any damages or losses (including, without limitation, loss of business, revenue, profits, or consequential loss) whatsoever resulting from use of or inability to use this web site.
8.7 We make no warranty that this Site (or web sites which are linked to this Site) is free from computer viruses or any other malicious or impairing computer program.
8.8 The pages contained in this web site may contain technical inaccuracies and typographical errors.
8.9 The information in these pages may be updated from time to time and may at times be out of date.
8.10 We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so.
8.11 Although riky allows you to access information on properties, you acknowledge that we are not a letting agent, estate agent or auctioneer and only act in the capacity of an introducer. You acknowledge that we are not FSA regulated.
8.12 The Site allows users to offer, sell, and buy property. At no point do we have possession or ownership of any property listed or sold through the Site.
8.13 We do not review user's listings and we are not party to the actual transactions between buyers and sellers. You will not hold riky responsible for the actions or inactions of buyers or sellers involved in transactions or for ensuring that they actually complete transactions.
8.14 The seller is solely responsible for any listings and you are responsible for carrying out your own due diligence (including checking the accuracy of any information). Please contact the selling agent or developer directly to obtain any information which may be available under the terms of The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 and The Home Information Pack Regulations 2007.
8.15 We do not ourselves market but only display information about properties on behalf of third parties for whom we are not agents nor marketing nor other representatives and are therefore not responsible for the accuracy or other validity of the details relating to any property shown.
8.16 We have no control over, do not guarantee, and you will not hold us responsible for: the quality, safety or legality of property advertised ;
the truth or accuracy of listings; the truth or accuracy of feedback or other content posted by users on the Site; the ability of vendors to sell items; the ability of buyers to pay for items; or
whether a buyer or seller will actually complete a transaction.
8.17 Please do not assume that the offer, sale or purchase of any property is valid and legal simply because it is listed on the Site. You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any property you list on the Site.
8.18 We cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. While we will use our reasonable endeavours to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.
8.19 We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, whatsoever and howsoever caused, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising out of your use of our Site.
8.20 Regardless of the previous paragraph, if we are found to be liable, our liability, and the liability of our parent, subsidiaries, affiliates, officers, directors, agents and employees, to you is limited in any 12 month period to the total membership fees you paid to us.
9 Third party material and advertisements
9.1 This Site contains material submitted and created by third parties. riky excludes all liability for any illegality arising from or error, omission or inaccuracy in such material and we take no responsibility for such material.
9.2 In the event that you purchase or obtain any goods or services from a third party then your acquisition of such goods or services will be in accordance with the third party's terms and conditions and Riky.co.uk will have no liability to you in respect of the same.
9.3 This web site also contains links to other web sites which are not under the control of and are not maintained by riky. We are not responsible for the content of those sites. We provide these links for your convenience only but does not necessarily endorse the material on these sites.
10 Access and interference
10.1 Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to riky by our users or third parties.
10.2 You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.
10.3 Additionally, you agree that you will not: take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the Site without the prior expressed written permission of riky and the appropriate third party, as applicable;
interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
bypass any measures we may use to prevent or restrict access to the Site.
11 Privacy and Data Protection
11.1 We do not sell or rent your personal information to third parties for their marketing purposes without your express consent. We store and process your information on computers located in the United Kingdom that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account at “myriky”. If you object to your information being transferred or used in this way please do not use our services. We consider privacy to be a matter of great importance. For more information on our privacy policy, privacy policy
12 Compensation
12.1 You agree that you will only use the Site in accordance with the terms and conditions set out in this User Agreement.
12.2 You will compensate us in full for any losses or costs (including reasonable legal fees) we incur arising from any breach by you of this User Agreement.
13 Creation of other relationships
13.1 No agency, partnership, joint venture or employee-employer relationship is intended or created by this User Agreement.
14 Notices
14.1 Except as explicitly stated otherwise, notices to riky shall be sent by registered mail to our address as stipulated in “1 Definitions”.
14.2 We shall send notices to you by e-mail or by registered mail to the email address or postal address (as applicable) that you provided to riky when you registered as a member of riky.
14.3 Notices sent to you by e-mail shall be deemed to have been received by you 24 hours after they are sent, unless we receive notice that the email address is invalid. Notices sent to either party by registered mail shall be deemed to have been received by that party 3 days after they are sent.
15 Third party enforcement rights
15.1 A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.
16 Release
16.1 If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
17 Governing law and dispute resolution
17.1 This User Agreement shall be governed by and construed in accordance with English law.
17.2 You and riky both agree to submit to the non-exclusive jurisdiction of the English Courts.
17.3 If a dispute arises between you and riky, we strongly encourage you to first seek a resolution by contacting us. Alternatively you may address complaints to the address stipulated in “1 Definitions”.
18 Additional terms
18.1 You must also ensure you do not do any of the following:
· Manipulate, exclude or extort feedback: this means that you cannot threaten to leave negative feedback without valid reason; try to supersede this user agreement by making it one of your conditions that feedback cannot be left; leave good feedback to artificially enhance a members rating. · Misrepresent your identity: you must always provide valid and complete contact information; never publish contact information of other users; have a valid email address and be at least 18 years old.
18.2 Breaches of the above may result in a range of actions, including: Listing cancellation; Limits on account privileges or Account suspension.
18.3 This User Agreement or any part thereof, including the Privacy Policy, may be changed from time to time. Changes take effect when we post them on the Site. When using particular services on the Site, we advise you to check whether the applicable policy or rule has been amended on the Site as you will be bound by the latest version of any applicable policies or rules which may be posted on the Site from time to time. All such policies or rules are hereby incorporated into this User Agreement.
18.4 Refund Policy - Where it is deemed there has been abuse of this policy we reserve the right to
deduct an admin fee of no more than £10. This policy is rarely used in practice. clause 18.4 T&C
19 General
19.1 If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable.
19.2 In our sole discretion, we may assign this User Agreement to a third party by giving you notice in accordance with the Notices section above (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.
19.3 Section headings are for reference purposes only and do not limit the scope or extent of the sections.
19.4 Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
19.5 We may amend this User Agreement at any time either by e-mail or by posting the amended terms on the Site. Except as stated elsewhere in this User Agreement, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. This User Agreement may not be otherwise amended except in a writing signed by you and us.
19.6 This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter.
19.7 The following Sections survive any termination of this User Agreement: 6 (with respect to fees owed for our services), 7, 8, 9, 12, 15 and 17, 19.7.
|
