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S.E.A conditions of
use - Last
modified:
14/04/2008
You are granted access to the S.E.A web site and
database subject to the
conditions set out on this page.
Please read these conditions carefully before using
the S.E.A web site as by continuing to use the S.E.A web site, you
signify your agreement to be bound by these
conditions. In addition, when you use any current or
future S.E.A service, you will also be subject to
the guidelines and conditions applicable to that
service.
- If you use the
S.E.A web site (visitor or agent), you are responsible for
maintaining the confidentiality of your account
and password and for restricting access to your
computer to prevent unauthorised access to your
account. You agree to accept responsibility for
all activities that occur under your account or
password. You should take all necessary steps to
ensure that the password is kept confidential and
secure and should inform us immediately if you
have any reason to believe that your password has
become known to anyone else, or if the password is
being, or is likely to be, used in an unauthorised
manner.
Please ensure that the details you provide us with
are correct and complete and inform us immediately
of any changes to the information that you
provided when registering. You can access and
update this information in the 'Agent Login' area
of the web site. S.E.A reserves the right to
refuse access to the web site, terminate accounts,
remove or edit content at our
discretion. If we cancel an order, it will be
without charge to you if no services or products
have been delivered. If a product or service has
been delivered by S.E.A, any refund of fees paid
will be subject to the S.E.A
refund policy.
Privacy
Please review our
privacy policy, which also governs your visit to
S.E.A.
Access to S.E.A
We will do our utmost to
ensure that availability of the web site will be
uninterrupted and that transmissions will be
error-free. However, due to the nature of the
Internet, this cannot be guaranteed. Also, your
access to the web site may also be occasionally
suspended or restricted to allow for repairs,
maintenance, or the introduction of new facilities
or services. We will attempt to limit the frequency
and duration of any such suspension or restriction.
Licence for web site
access
S.E.A grants you a
limited licence to access and make personal use of
this web site, but not to download (other than page
caching) or modify it, or any portion of it, except
with express written consent of S.E.A. The only
other exception is to cover the download and or
printing of property details. This licence
does not include any resale or commercial use of
this web site or its contents; any collection and
use of any listings, descriptions, or prices; any
derivative use of this web site or its contents; any
downloading or copying of account information for
the benefit of a business entity outside of S.E.A;
or any use of data mining, robots, or similar data
gathering and extraction tools. This web site or any
portion of this web site may not be reproduced,
duplicated, copied, sold, resold, visited, or
otherwise exploited for any commercial purpose
without our express written consent. You may not
frame or use framing techniques to enclose any
trademark, logo, or other proprietary information
(including images, text, page layout, or form) of
S.E.A without express written consent. You may not
use any meta tags or any other 'hidden text'
utilising S.E.A's names or trademarks without the
express written consent of S.E.A. Any unauthorised
use terminates the permission or license granted by
S.E.A. You are granted a limited, revocable, and
non-exclusive right to create a hyperlink to the
home page of S.E.A as long as the link does not
portray S.E.A or its products or services in a
false, misleading, derogatory, or otherwise
offensive matter. You may not use any S.E.A logo or
other proprietary graphic or trademark as part of
the link without our express written consent.
Your conduct
You must not use the web
site in any way that causes, or is likely to cause,
the web site or access to it to be interrupted,
damaged or impaired in any way. You understand that
you, and not S.E.A, are responsible for all
electronic communications and content sent from your
computer to us and that you must use the web site
for lawful purposes only.
You must not use the web site for any of the
following: for fraudulent purposes, or in connection
with a criminal offence or other unlawful activity
to send, use or reuse any material that is illegal,
offensive, abusive, indecent, defamatory, obscene or
menacing; or in breach of copyright, trademark,
confidence, privacy or any other right; or is
otherwise injurious to third parties; or
objectionable; or which consists of or contains
software viruses, political campaigning, commercial
solicitation, chain letters, mass mailings or any
"spam" to cause annoyance, inconvenience or needless
anxiety. S.E.A reserves the right (but not the
obligation) to remove or edit any content.
If you do submit data, content or material, unless we indicate otherwise, you grant S.E.A a
non-exclusive, royalty-free, perpetual, irrevocable,
and fully sub licensable right to use, reproduce,
modify, adapt, publish, translate, create derivative
works from, distribute, and display such content
throughout the world in any media. You grant S.E.A
the right to use the name that you submit in
connection with such content, if they so choose. You
agree to waive your right to be identified as the
author of such content and your right to object to
derogatory treatment of such content. You agree to
perform all further acts necessary to perfect any of
the above rights granted by you to S.E.A, including
the execution of deeds and documents, at the request
of S.E.A.
You represent and warrant that you own or otherwise
control all of the rights to the data, material or
content that you submit to S.E.A; that, as of the
date that the data, content or material is submitted
to S.E.A: (i) the data, content and material is
accurate; (ii) use of the data, content and material
you supply does not breach any applicable S.E.A
policies or guidelines and will not cause injury to
any person or entity (including that the data,
content or material is not defamatory). You agree to
indemnify S.E.A and its affiliates for all claims
brought by a third party against S.E.A or its
affiliates arising out of or in connection with a
breach of any of these warranties.
Inappropriate content
Because S.E.A lists
thousands of properties for sale and to rent on the
web site, it is not possible for us to be aware of
the accuracy of every property so listed nor of the
appropriateness of every property or advert.
Accordingly, S.E.A operates on a 'notice and take
down' basis. If you believe that any property or
other advertisement on the web site contains
inappropriate content, please notify us immediately
and
email us. Once this procedure has been
followed, S.E.A will make all reasonable endeavours
to investigate and rectify the content complained
about within a reasonable time.
Copyright and
database rights
All content included on
the web site, such as text, graphics, logos, icons,
images, digital downloads, data compilations, and
software, is the property of S.E.A, its affiliates
or its content suppliers and is protected by
international copyright and database right laws. The
compilation of all content on this web site is the
exclusive property of S.E.A and is protected by
international copyright and database right laws. All
software used on this web site is the property of
S.E.A or our software suppliers and is protected by
international copyright laws.
Continued...
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Copyright and
database rights continued...
You may not systematically extract and/or re-utilise
parts of the content of the web site without S.E.A's
express written consent. In particular, you may not
utilise any data mining, robots, or similar data
gathering and extraction tools to extract (whether
once or many times) for re-utilisation of any
substantial parts of this web site, without S.E.A's
express written consent. You also may not create
and/or publish your own database that features
substantial (e.g. our property or agent listings)
parts of this web site without S.E.A's express
written consent.
Trademarks
S.E.A, the S.E.A logo
and other marks indicated on our web site are
trademarks or registered trademarks of S.E.A, in the
European Union and/or other jurisdictions. S.E.A's
graphics, logos, page headers, button icons, scripts
and service names are the trademarks or trade dress
of S.E.A. Neither S.E.A's trademarks nor trade dress
may be used in connection with any product or
service that is not S.E.A's, in any manner that is
likely to cause confusion among customers, or in any
manner that disparages or discredits S.E.A. All
other trademarks not owned by S.E.A that appear on
this web site are the property of their respective
owners, who may or may not be affiliated with,
connected to, or sponsored by S.E.A.
Conditions of sale
This section deals with
conditions relating to the sale of products or
services by S.E.A to you.
Contract
When you place an order
to purchase a product or service from S.E.A, we will
send you an email confirming receipt of your order
and containing the details of your order. Your order
represents an offer to us to purchase a product
which is accepted by us only at the point when we
send email confirmation to you that we have
fulfilled your order.
Pricing
Despite every best
effort, it is possible for us to make and advertise
an incorrect price for a product or service. We
verify purchase prices as part of our fulfilment
procedures. If the correct price is lower than our
stated price, we charge the lower amount and fulfil
your order. If the correct price is higher than our
stated price, we will, at our discretion, either
contact you for instructions before fulfilment or
cancel your order and notify you of such
cancellation.
Children
S.E.A does not sell
products for purchase by children. If you are under
18, you may use S.E.A only with the involvement of a
parent or guardian.
Other businesses
Parties other than S.E.A
provide services, or advertise properties on this
web site. In addition, we provide links to the web
sites of affiliated companies and certain other
businesses. We are not responsible for examining or
evaluating, and we do not warrant or endorse the
offerings of any of these businesses or individuals
or the content of their web sites. S.E.A does not
assume any responsibility or liability for the
actions, product, and content of any of these and
any other third parties.
Electronic
communications
When you visit S.E.A or
send email to us, you are communicating with us
electronically. We communicate with you by email or
by posting notices on the web site. For contractual
purposes, you consent to receive communications from
us electronically and you agree that all agreements,
notices, disclosures and other communications that
we provide to you electronically satisfy any legal
requirement that such communications be in writing.
This condition does not affect your statutory
rights.
Losses
S.E.A will be
responsible for any losses you suffer as a result of
us breaching these conditions if the losses were
reasonably foreseeable to both you and us when you
commenced using the web site, or a contract for the
sale of products or services by us to you was
formed. We will not be responsible for any business
loss (including loss of profits, revenue, contracts,
anticipated savings, data, goodwill or wasted
expenditure) or any other indirect or consequential
loss that is not reasonably foreseeable to both you
and us when you commenced using the web site or when
a contract for the sale of products or services by
us to you was formed.
Alteration of service
or amendments to the conditions
We reserve the right to
make changes to our web site, policies, and these
conditions of use & sale at any time. You will be
subject to the policies and conditions of use & sale
in force at the time that you use the web site or
that you order products or services from us, unless
any change to those policies or these conditions is
required to be made by law or government authority
(in which case it will apply to orders previously
placed by you). If any of these conditions is deemed
invalid, void, or for any reason enforceable, that
condition will be deemed severable and will not
affect the validity and enforceability of any remaining
condition.
Events beyond our
reasonable control
We will not be held
responsible for any delay or failure to comply with
our obligations under these conditions if the delay
or failure arises from any cause which is beyond our
reasonable control. This condition does not affect
your statutory rights.
Waiver
If you breach these
conditions and we take no action, we will still be
entitled to use our rights and remedies in any other
situation where you breach these conditions.
Legal notice and
disclaimer
Advertisements and
technical information contained herein is provided
to S.E.A by its advertisers. Whilst S.E.A makes
every effort to present accurate and reliable
information on this web site, S.E.A does not
endorse, approve or certify such information, nor
does it guarantee the accuracy, completeness,
efficacy, timeliness or correct sequencing of such
information. Use of such information is voluntary
and reliance on it should only be undertaken after
an independent review of its accuracy, completeness,
efficacy and timeliness. Reference herein to any
specific commercial product, process or service by
trade name, trademark, service mark, manufacturer or
otherwise does not constitute or imply endorsement,
recommendation or favouring by S.E.A.
S.E.A (including its employees and agents) assumes
no responsibility for consequences resulting from
the use of the information herein, or in any respect
for the content of such information, including (but
not limited to) errors or omission, the accuracy or
reasonableness of factual or scientific assumptions,
studies or conclusions, the defamatory nature of
statements, ownership of copyright or other
intellectual property rights and the violation of
property, privacy or personal rights of others.
S.E.A is not responsible for, and expressly
disclaims all liability for, damages of any kind
arising out of use, reference to or reliance on such
information. No guarantees or warranties, including
to (but not limited to) any express or implied
warranties of merchantability or fitness for any
particular use or purpose, are made by S.E.A with
respect to such information.
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