TERMS & CONDITIONS
1.1 By accessing and using this Website you agree that you are bound by these Terms and our Privacy Policy and you will act in accordance with both. You are not permitted to make use of this Website unless you agree to our Terms and our Privacy Policy and if you do not so agree then you should immediately desist from using this Website.
1.2 We may amend these Terms from time to time without notice by amending this page and the amended Terms will be effective from the date that they are posted on this Website. You should accordingly check the Terms whenever you visit this Website. Your continued use of this Website will constitute your acceptance of the amended Terms.
1.3 If you breach any of these Terms then you will immediately lose the right to access and use this Website.
2.1 We are a platform providing bespoke marketing solutions to our clients and assisting such clients in promoting themselves to consumers. We enable you as consumers to assess the merits of the products that we feature – products that include, but are not limited to, goods, services and investments (the “Products”). Information on this Website is provided for general informational purposes only.
2.2 Nothing on this Website is, or will be construed as, investment, financial or other advice provided to you personally, or an endorsement or recommendation by us of any Product listed, or an offer by us or any third party to sell you any Product or to enter into any contract with you for a Product. As such, you should check the suitability of all Products listed and you should take professional advice prior to any subsequent involvement on your part.
2.3 The decision to proceed with a Product is your own and you should refrain from proceeding if you are in any doubt as to the appropriateness of any Product referred to on this Website.
2.3 By expressing interest in a Product you are in fact applying to speak to a salesperson about the Product and to glean more information about the Product in order to make a more informed decision as to whether you wish to proceed with such Product.
2.4 We reserve the right to delete or amend any information or material contained on this Website without notice from time to time.
2.5 Although we aim to provide uninterrupted access to this Website we do not give any warranty in this regard and the availability of this Website may at times be compromised for technical or other reasons.
2.6 We reserve the right to restrict, suspend or terminate your access to this Website at any time.
3.1 We do not charge you any fee for the use of our service. If you choose to proceed with a Product which we have introduced to you via our Website the Product provider will pay a fee to us (“Marketing Fee”).
3.2 The Marketing Fee will be payable only upon your payment for, or transfer of your funds into, a Product.
4.1 All intellectual property rights in this Website including, without limitation, all copyright, patents, logos, business names, trading names, trade marks, service marks, design rights, inventions, domain names, moral rights, rights in databases, data, software, source codes, specifications, processes, know how and business methods (whether registered or unregistered and including all rights to apply for registration) belong to us or to our licensors and all such rights are reserved.
4.2 You may download, copy, print or store such information on a temporary basis provided that this is for your own personal use and not for any commercial purpose. The information and content on this Website may not be reproduced, published, reformatted or redisplayed without the prior written consent of us if we are the owners or of the third party licensors if they are the owners and if permission is so given then ownership must be acknowledged.
4.3 You will retain ownership of any comments, ratings or reviews that you submit for display on this Website (“User Content”). You grant us a royalty free, worldwide, unlimited, perpetual, irrevocable, transferable license to publish, display, utilise, share, modify, sell, save, copy, distribute, edit, expurgate, reproduce, extract, transmit and make available such User Content for any purpose and in any manner.
4.4 This website’s domain name and all rights therein are owned by us.
5.1 You may only provide a link to this Website in a manner that is fair and legal and does not damage or take advantage of our reputation. You may not provide a link to this Website in such a manner as to imply any form of partnership, endorsement, approval or association by us. We may withdraw permission for you to provide a link to this Website at any time.
5.2 You may not use this Website in a fraudulent manner or for any unlawful purpose. You may not hack, tamper with or reverse engineer this Website, or use upon it any robot, spider, data mining or web crawler software. You may not reverse engineer this Website.
6.1 Nothing in these Terms will limit or exclude our liability for death or personal injury resulting from negligence, fraud or fraudulent misrepresentation or excludes our liability under the Financial Services and Markets Act 2000, as amended (“FSMA”) or our liability for financial loss caused by fraud, fraudulent misrepresentation or gross negligence.
6.2 Whilst we will make reasonable efforts to ensure that the information on the Website is accurate and to correct any omissions or errors within a reasonable time of notification thereof we do not provide any warranty or guarantee in respect of the accuracy of the information contained hereon.
6.3 We will not be liable to you or to any third party for any losses arising from inability to access the Website howsoever caused, whether this is by reason of a force majeure event or circumstances beyond our reasonable control such as system outages, upgrades or maintenance, or otherwise. We do not warrant that the Website is free from viruses and we will not be liable if the Website has a harmful effect on technology.
6.4 We do not verify, monitor or endorse information, material and data uploaded or otherwise provided by third parties which is included on the Website. By using this Website you accept and acknowledge that such information may be inaccurate, incomplete or out of date. We are not responsible or liable for any damages or indirect losses suffered or incurred by you which were not foreseeable by us when you accessed or used the Website.
6.5 You may express an interest in Products via this Website. You acknowledge that these Products are provided not by us but by third parties over whom we have no control and in the management of whose business we have no involvement. We do not warrant as to the success or failure of your Product. You are entirely responsible for any decision to apply for a Product. Subject to clause 6.1 above, we are neither liable nor responsible for any losses that you may suffer or incur in connection with any Product that you apply for through use of this Website or for any defaults, errors, acts or omissions of any third party in connection with that Product.
6.6 Whilst this Website may provide information on a wide range of Products it is by no means a comprehensive database and there may be other Products available on the market that are not shown on this Website which may be more suitable for you than those shown on this Website.
6.7 Whilst we make reasonable efforts to verify the identity of the Product providers whose Products we list on this website we do not provide any warranty in respect of the same. Nor do we warrant as to the quality, experience, or acumen of Product providers. As such you should check and verify the above prior to applying for the Products of such providers. If you have any doubt in this regard then you should not proceed with your chosen Product. Subject to clause 6.1 above, we will not be liable for any losses or damage incurred by you through your interaction with the Product provider.
6.8 You acknowledge that the descriptions of Products contained on this Website are brief and do not represent a comprehensive description of such Products, their features, advantages and disadvantages. You will carefully read all of the terms and conditions of any contract presented to you before execution. We will have no liability in the event that your chosen Product does not perform as expected.
6.9 Any opinions, assistance or advice which is provided to you by the Product provider do not represent our views, assistance or advice and are not monitored, verified or endorsed by us. Your Product provider will inform you in respect of your entitlements under the Financial Services Compensation Scheme.
7.1 Should you wish to apply for a Product listed on our Website then you will complete the registration process as part of your use of this Website which may include the creation of a username and password and the production of certain other identification information requested. If so then all such information provided should be correct, complete, accurate and not misleading and you should disclose all relevant facts.
7.2 We do not accept any responsibility or liability for any loss or damage you may suffer or incur EITHER if any information or content you provide on this Website is incomplete or inaccurate or if it is misleading or if you fail to disclose all relevant facts, OR, subject to clause 6.1, if the information so provided by you is complete and/ or accurate.
7.3 You are solely responsible and liable for your User Content and in providing User Content you warrant that it is accurate and not misleading in relation to facts and genuinely held in relation to opinions. You furthermore warrant that your provision of User Content does not infringe the intellectual property or privacy rights of any third party or otherwise infringe any law.
7.4 In providing User Content and using this Website you will adhere in letter and in spirit to these Terms and you will not undertake any act or omission that may or which does have the effect of causing damage to our reputation or goodwill. You agree that you will be liable to us for any losses, liabilities, damages or expenses (including reasonable legal fees) that we may suffer as a result of your conduct on this Website and/or your User Content.
8.1 Any telephone calls that you make to our helpline may be monitored and recorded in order to enable us to improve our service to you and for staff training.
9.1 If you are unhappy with the performance of a Product which we have listed on Our Website then you should address your complaint directly to the Product provider in question. You acknowledge that subject to clause 6.1 we are not responsible in this regard.
9.2 However, if for any reason you are unhappy with our service then please contact our customer support team by telephoning our helpline on 020 8068 2514 or by email at info@mypropertystream.com. We aim to resolve your complaint within 72 hours.
9.3 If we are not able to resolve your complaint within such time then we will acknowledge your complaint and investigate the matter further before providing you with a final response. If you remain unsatisfied with our response, then you may complain to the Chartered Trading Standards Institute via the helpline number 03454 04 05 06 or online at www.adviceguide.org.uk.
10.1 We will hold information about you including your personal details, your transaction details and information obtained from third parties for verification purposes. We undertake to hold all personal data in accordance with the Data Protection Act 1998.10.1 We will hold information about you including your personal details, your transaction details and information obtained from third parties for verification purposes. We undertake to hold all personal data in accordance with the Data Protection Act 1998.
10.2 You consent to our holding, sharing and processing your personal data where it is either necessary or helpful to do so for the effective delivery of, or improvements to, our Website.
10.3 You consent to our sharing your information in order to enable us to recover debt, or to undertake risk assessments, or to detect and prevent crime, or to test products, or to assess the delivery of our Website, or to improve our performance. You consent to our transferring all or part of your personal data upon your confirmation of interest in a Product to the Product provider in question. You furthermore consent to the transfer of your personal and other data to us by any Product provider whom we introduce to you and with whom you subsequently have dealings and by us to any third party contractor whom we engage for the performance of these services provided that such third parties are bound by equivalent data protection restrictions.
10.4 We will not disclose your information to any third party except with your permission or if we are required or permitted to do so by law, or for the purpose of fraud prevention, or if we transfer our rights and obligations under these Terms. We will only disclose your information outside the UK on the basis that any recipient thereof will undertake to provide a level of protection equivalent to UK data protection standards.
10.5 We may share your personal data with fraud prevention agencies if we suspect or identify a fraud. Law enforcement agencies may also request access to your personal data and if so then we will co-operate with their request. We will provide you with a copy of the information that we hold about you upon written request. An administrative fee may be payable for this service.
11.1 You will use best efforts to keep any Website login information secret, to secure the same and to use best efforts to prevent fraudulent or unauthorised use thereof. You will furthermore inform us immediately if you believe that the confidentiality of such information has been compromised.
11.2 It is your responsibility to keep any passwords relating to the Website safe and to change such passwords on a regular basis. You will refrain from storing passwords on media which may be accessible by third parties and you will notify us immediately if you become aware that any password relating to the Website has been or may have been compromised or misused.
11.3 You will note that the fact that we will never contact you to ask you to confirm your login password and so any such request to do so by a party purporting to be from us should be ignored. You will report any such requests to us immediately. You will take care to avoid being misled by copycat websites and you will ensure that our correct domain name is in your address bar when you use our Website. You will inform us immediately if you discover a copycat website.
11.4 You will remember to log off when you have finished using this Website particularly when using shared computers because you will be responsible for any and all instructions that we receive from your account when you are logged in. Failure to take the steps set out in this clause will constitute a failure in your duty of care and/ or negligence on your part and will mean that you may be liable for losses or damages incurred.
11.5 Your access to the Website may be restricted, suspended or withdrawn where we have reasonable grounds to believe that your personal details have been compromised or misused, or as a result of suspicious behaviour on your part, or if we discover that you have given us false information, or if we suspect that you are using our Website for an illegal purpose, or if you behave in a threatening manner towards us, or if we consider it appropriate for your protection.
11.6 We will use best efforts to contact you before taking such action and to notify you in advance of the same. If we are unable to contact you beforehand then we will provide our reasons afterwards.
12.1 Any notice given under these Terms will be in writing and delivered (if to us) by email to the email address, fax number or registered office address set out on our Website or (if to you) to your registered email address or your physical address. A notice will be deemed to have been received where the notice is delivered personally, at the time of delivery; where the notice is sent by first class post, 48 hours after posting; and where the notice is sent by email, at the time of the transmission (providing the sender retains written evidence of the same).
12.2 If a clause of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other clauses of these Terms will continue in effect. If any unlawful or unenforceable clause would be lawful or enforceable if part of it were deleted then that part will be deemed to have been deleted, and the rest of the clause will continue in effect.
12.3 Nothing in these Terms will constitute a partnership, agency relationship or contract of employment between you and us.
12.4 These Terms represent the entire agreement between you and us relating to your use of this Website and supersedes any prior agreements, including any previous terms of use of this Website.
12.5 No failure or delay by us in exercising any right under these Terms will constitute a waiver of that right nor will any single or partial exercise by us of any right prevent any further exercise of any right.
13.1 These Terms will be governed by and construed in accordance with the laws of England and Wales and the courts of England will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with these Terms.
