Terms and Conditions
TERMS OF USE
BACKGROUND:
These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, RealMy.co.uk (“Our Site”). Please read these Terms of Use carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our Site. If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site immediately.
1. Definitions and Interpretation
In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:
| “Account” | means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4; |
| “Content” | means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; |
| “Paid Content” | means digital content made available for sale via Our Site; |
| “User” | means a user of Our Site; |
| “We/Us/Our” | means RealMy Location Ratings Ltd, a company registered in England under 09933035, whose registered address is Office 7 35-37 Ludgate Hill, London, United Kingdom, EC4M7JN. |
2. Information About Us
Our Site, RealMy.co.uk, is owned and operated by RealMy Location Ratings Ltd, a limited company registered in England under 09933035, whose registered address is Office 7 35-37 Ludgate Hill, London, United Kingdom, EC4M7JN.
3. Access to Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Accounts
4.1 Certain parts of Our Site (including the ability to purchase Paid Content from Us) may require an Account in order to access them.
4.2 You may not create an Account if you are under 18 years of age.
4.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
4.4 We recommend that you choose a strong password for your Account, consisting of consisting of a combination of lowercase and uppercase letters, numbers, and symbols. It is your responsibility to keep your password safe. If you believe your Account is being used without your permission, please contact Us immediately at [email protected]. We will not be liable for any unauthorised use of your Account.
4.5 You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.
4.6 If you wish to close your Account, you may do so at any time. Please contact Us at [email protected] if you have this request. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of Our Site requiring an Account for access.
Please refer to our Terms of Sale for more information.
5. Intellectual Property Rights
5.1 All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
5.2 Subject to sub-Clause 5.3 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
5.3 You may:
5.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
5.3.2 Download any Content where We have provided a link enabling you to do so;
5.3.3 Download Our Site (or any part of it) for caching;
5.3.4 Print page(s) from Our Site;
5.3.5 Download extracts from pages on Our Site; and
5.3.6 Save pages from Our Site for later and/or offline viewing.
5.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
5.5 You may not use any Content printed, saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
6. Links to Our Site
6.1 You may link to Our Site provided that:
6.1.1 you do so in a fair and legal manner;
6.1.2 you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
6.1.3 you do not use any logos or trade marks displayed on Our Site without Our express written permission; and
6.1.4 you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
6.2 You may not link to Our Site from any other site the main content of which contains material that:
6.2.1 is sexually explicit;
6.2.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
6.2.3 promotes violence;
6.2.4 promotes or assists in any form of unlawful activity;
6.2.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;
6.2.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
6.2.7 is calculated or is otherwise likely to deceive another person;
6.2.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
6.2.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 6.3);
6.2.10 implies any form of affiliation with Us where none exists;
6.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
6.2.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
7. Links to Other Sites
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
8. Disclaimers
8.1 Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to seeking a property to rent, buy or sell.
8.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
8.3 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
9. Our Liability
9.1 The provisions of this Clause 9 apply only to the use of Our Site and not to Paid Content, which is governed separately by Our Terms of Sale https://realmy.co.uk/terms-and-conditions#termsofsale. Limitations and exclusions stated to apply to Content in this Clause 9 may not apply to Paid Content.
9.2 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
9.3 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
9.4 If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
9.5 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. However, subject to sub-Clause 8.2, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
9.6 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
9.7 Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
10. Viruses, Malware and Security
10.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
10.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
10.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
10.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
10.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
10.6 By breaching the provisions of sub-Clauses 10.3 to 10.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
11. Acceptable Usage Policy
11.1 You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 11. Specifically:
11.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
11.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
11.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
11.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
11.2 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 11 or any of the other provisions of these Terms of Use. Specifically, We may take one or more of the following actions:
11.2.1 suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
11.2.2 issue you with a written warning;
11.2.3 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
11.2.4 take further legal action against you as appropriate;
11.2.5 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
11.2.6 any other actions which We deem reasonably appropriate (and lawful).
11.3 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.
12. Privacy and Cookies
Use of Our Site is also governed by Our Cookie and Privacy Policies, available from https://realmy.co.uk/privacy-policy These policies are incorporated into these Terms of Use by this reference.
13. Changes to these Terms of Use
13.1 We may alter these Terms of Use at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
13.2 In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
14. Contacting Us
To contact Us, please email Us at [email protected] or using any of the methods provided on Our contact page at https://realmy.co.uk/about-us
15. Communications from Us
15.1 If We have your contact details (if, for example, you have an Account) We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms of Use, Our Terms of Sale, and changes to your Account.
15.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from us at any time, it may take up to 5 working days for Us to comply with your request. During that time, you may continue to receive emails from Us.
15.3 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at [email protected] or via https://realmy.co.uk/feedback
16. Law and Jurisdiction
16.1 These Terms of Use, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
16.2 If you are a consumer, any disputes concerning these Terms of Use, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
16.3 If you are a business, any disputes concerning these Terms of Use, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
TERMS OF SALE
BACKGROUND:
These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Paid Content, accessed via Subscriptions, is sold by Us to consumers through this website, RealMy.co.uk (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before purchasing a Subscription. You will be required to read and accept these Terms of Sale when ordering a Subscription. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to purchase a Subscription and access Paid Content through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.
1. Definitions and Interpretation
In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
| “Contract” | means a contract for the purchase of a Subscription to access Paid Content, as explained in Clause 6; |
| “Account” | means an account required for a User to access Paid Content of Our Site, as explained in Clause 6; |
| “Paid Content” | means the digital content sold by Us through Our Site. Digital content includes the providing of location data, ratings and rankings, and other information relevant to properties in the UK property market; |
| “Subscription” | means a subscription to Our Site providing access to Paid Content; |
| “Subscription Confirmation” | means our acceptance and confirmation of your purchase of a Subscription; |
| “Subscription ID” | means the reference number for your Subscription; |
| “We/Us/Our” | means RealMy Location Ratings Ltd, a company registered in England under 09933035, whose registered address is Office 7 35-37 Ludgate Hill, London, United Kingdom, EC4M7JN. |
2. Information About Us
Our Site, RealMy.co.uk, is owned and operated by RealMy Location Ratings Ltd, a limited company registered in England under 09933035, whose registered address is Office 7 35-37 Ludgate Hill, London, United Kingdom, EC4M7JN.
3. Age Restrictions
Consumers may only purchase Subscriptions and access Paid Content through Our Site if they are at least 18 years of age.
4. Business Customers
These Terms of Sale do not apply to customers purchasing Subscriptions and accessing Paid Content in the course of business. If you are a business customer, please consult our Business Terms of Sale [email protected].
5. Subscriptions, Paid Content, Pricing and Availability
5.1 We make all reasonable efforts to ensure that all descriptions of Subscriptions and Paid Content available from Us correspond to the actual Subscription and Paid Content that you will receive. Please note, however, We have no control over the information gathering or verification process of the third parties. We do not in any circumstances accept responsibility for the accuracy, completeness, suitability, currency or otherwise of such information. Consumers assume total responsibility and risk for your use of Our Site and/or any information contained within it. It is your sole responsibility to evaluate the accuracy, completeness, usefulness and suitability of all services and information provided on or through Our Site. We are not responsible for any errors or omissions or for the results obtained from the use of third party information on or through Our Site. All users of Our Site seeking a property to rent, buy or sell are advised to make their own independent enquiries before entering into any agreements with third parties in connection therewith. We recommend all users of Our Site obtain professional advice before entering into any such agreement.
5.2 Please note that sub-Clause 5.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor discrepancies.
5.3 The nature of the information used to compile the Paid Content are such that they will not be free from errors and information compiled on a historic basis will have aged by the time of its inclusion. We do not warrant that Paid Content will be suitable for any particular purpose, even if a particular intended purpose has been made known by you to Us. It is the recipient’s sole responsibility to assess the accuracy, completeness, usefulness, suitability and fitness for purpose of all information and data provided within the Paid Content. Users are advised to seek appropriate independent professional advice and verification of the accuracy and completeness of each relevant item of information contained within the Paid Content before making any decisions based on that information.
5.4 We may from time to time change Our prices. Changes in price will not affect any Subscription that you have already purchased but will apply to any subsequent renewal or new Subscription. We will inform you of any change in price at least 14 calendar days before the change is due to take effect. If you do not agree to such a change, you may cancel the Contract as described in sub-Clause 11.1.
5.5 Minor changes may, from time to time, be made to certain Paid Content, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the Paid Content and should not normally affect your use of that Paid Content. However, if any change is made that would affect your use of the Paid Content, suitable information will be provided to you.
5.6 In some cases, We may also make more significant changes to the Paid Content. If We do so, We will inform you at least 14 calendar days before the changes are due to take effect. If you do not agree to the changes, you may cancel the Contract as described in sub-Clause 11.1.
5.7 Where any updates are made to Paid Content, that Paid Content will continue to match Our description of it as provided to you before you purchased your Subscription to access the Paid Content. Please note that this does not prevent Us from enhancing the Paid Content, thereby going beyond the original description.
5.8 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. Changes in price will not affect any order that you have already placed.
5.9 All prices are checked by Us before We accept your order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your order, we will simply charge you the lower amount and continue processing your order. If the correct price is higher, We will give you the option to purchase the Subscription at the correct price or to cancel your order (or the affected part of it). We will not proceed with processing your order in this case until you respond. If We do not receive a response from you within 5 working days, We will treat your order as cancelled and notify you of this in writing.
5.10 If We discover an error in the price or description of your Subscription after your order is processed, We will inform you immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens. If We inform you of such an error and you do wish to cancel the Contract, please refer to sub-Clause 11.4.
5.11 If the price of a Subscription that you have ordered changes between your order being placed and Us processing that order and taking payment, you will be charged the price shown on Our Site at the time of placing your order.
6. Orders – How Contracts Are Formed
6.1 Our Site will guide you through the process of purchasing a Subscription. Please ensure that you have checked your order carefully before submitting it.
6.2 Purchasing a Subscription requires an Account with Us in order to access the Subscription.
6.3 We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols. It is your responsibility to keep your password safe. If you believe your Account is being used without your permission, please contact Us immediately at [email protected]. We will not be liable for any unauthorised use of your Account.
6.4 You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.
6.5 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your order and treat the Contract as being at an end. We will not be responsible for any delay in the availability of Paid Content that results from you providing incorrect or incomplete information.
6.6 No part of Our Site constitutes a contractual offer capable of acceptance. Your order to purchase a Subscription constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you a Subscription Confirmation by email. Only once We have sent you a Subscription Confirmation will there be a legally binding Contract between Us and you.
6.7 Subscription Confirmation shall contain the following information:
6.7.1 Your Subscription ID and/or your order number;
6.7.2 Confirmation of the Subscription ordered including full details of the main characteristics of the Subscription and Paid Content available as part of it;
6.7.3 Fully itemised pricing for your Subscription including, where appropriate, taxes, and other additional charges;
6.7.4 The duration of your Subscription (including the start date, and the renewal date or end date);
6.7.5 Confirmation of your acknowledgement that the Paid Content will be made available to you immediately and that you will lose your legal right to change your mind and cancel upon accessing the Paid Content as detailed below in Clause 10;
6.8 In the unlikely event that We do not accept or cannot fulfil your order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 5 working days.
7. Payment
7.1 Payment for Subscriptions must always be made in advance. Your chosen payment method will be charged when we process your order and send you a Subscription Confirmation.
7.2 We accept the following methods of payment on Our Site:
7.2.1 Using a credit or debit card (through Stripe, www.stripe.com);
7.2.2 Paypal (You may need a Paypal account);
7.3 If you do not make any payment due to Us on time, We will suspend your access to the Paid Content. For more information, please refer to sub-Clause 8.5. If you do not make payment within 5 working days of Our reminder, We may cancel the Contract. Any outstanding sums due to Us will remain due and payable.
7.4 If you believe that We have charged you an incorrect amount, please contact Us at [email protected] as soon as reasonably possible to let us know. You will not be charged for Paid Content while availability is suspended.
8. Provision of Paid Content
8.1 Paid Content appropriate to your Subscription will be available to you immediately when We send you a Subscription Confirmation and will continue to be available for the duration of your Subscription (including any renewals), or until you end the Contract.
8.2 When you place an order for a Subscription, you will be required to expressly acknowledge that you wish the Paid Content to be made available to you immediately. You will also be required to expressly acknowledge that by accessing (e.g. downloading or streaming) the Paid Content, you will lose your legal right to cancel if you change your mind (the “cooling-off period”). Please see Clause 10 for more information.
8.3 In some limited circumstances, We may need to suspend the provision of Paid Content (in full or in part) for one or more of the following reasons:
8.3.1 To fix technical problems or to make necessary minor technical changes;
8.3.2 To update the Paid Content to comply with relevant changes in the law or other regulatory requirements;
8.3.3 To update data to include the latest information of location ratings and location rankings every quarter.
8.3.4 To make more significant changes to the Paid Content, as described above in sub-Clause 5.6.
8.4 If We need to suspend availability of the Paid Content for any of the reasons set out in sub-Clause 8.3, We may inform you in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Paid Content, in which case We will inform you as soon as reasonably possible after suspension). If the suspension lasts (or We tell you that it is going to last) for more than 10 working days, you may end the Contract as described below in sub-Clause 11.2.
8.5 We may suspend provision of the Paid Content if We do not receive payment on time from you. We will inform you of the non-payment on the due date, however if you do not make payment within 5 working days of Our notice, We may suspend provision of the Paid Content until We have received all outstanding sums due from you. If We do suspend provision of the Paid Content, We will inform you of the suspension. You will not be charged for any Paid Content while provision is suspended.
8.6 In accepting this Contract you undertake not to use any automated software (often referred to as ‘spiders’, ‘scrapers’, etc.) in relation to the Paid Content without receiving written consent from Us and that you will only ever access the Paid Content manually.
9. Licence
9.1 When you purchase a Subscription to access Paid Content, We will grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the relevant Paid Content for personal, non-commercial purposes. The licence granted to you does not give you any rights in Our Paid Content (including any material that We may licence from third parties).
9.2 The licence granted to you under sub-Clause 9.1 is subject to the following usage restrictions and/or permissions:
You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’).
10. Cancelling Your Subscription
10.1 All Subscriptions are ‘rolling’ with a minimum contract period of just one billing period (3 months), which is renewed upon each successful charge.
10.2 You can cancel your Subscription at any time in your account area, or by notifying us by email. If you cancel, you will continue to have access to the Paid Content for the remainder of your current Subscription (up until the renewal or expiry date, as applicable), whereupon the Contract will end. No refund will be due for the remaining unused time.
10.3 If you purchase a Subscription by mistake (or allow your Subscription to renew by mistake), please inform Us as soon as possible (within 1 day) and do not attempt to access any Paid Content. Provided you have not accessed any Paid Content since the start date (or renewal date, as appropriate) of the Subscription We will be able to cancel the Subscription and issue a full refund. If you have accessed any Paid Content once the Subscription has started, We will not be able to offer any refund and you will continue to have access to the Paid Content for the remainder of the Subscription (up until the renewal or expiry date, as applicable).
11. Our Liability to Consumers
11.1 We will not be liable to you for any loss of profits, loss of opportunity or loss of business, in each case whether direct or indirect, or any type of special, consequential or indirect loss arising under or in connection with the Contract.
11.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or Paid Content included on Our Site.
11.3 Our Paid Content is intended for non-commercial use only. We make no warranty or representation that the Paid Content is fit for commercial, business or industrial use of any kind. We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
11.4 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
11.5 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
12. Contacting Us
12.1 If you wish to contact Us with general questions or complaints, you may contact Us by email at [email protected], or by post at RealMy Location Ratings Ltd, Office 7 35-37 Ludgate Hill, London, United Kingdom, EC4M7JN.
12.2 For matters relating the Paid Content or your Subscription, please contact Us by email at [email protected].
12.3 For matters relating to cancellations, please view on Our Site https://realmy.co.uk/my-account/subscriptions/ or contact Us by email at [email protected].
13. Complaints and Feedback
13.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
13.2 If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
13.2.1 In writing, addressed to RealMy Customer Service, Office 7 35-37 Ludgate Hill, London, United Kingdom, EC4M7JN;
13.2.2 By email, addressed to Customer Service at [email protected];
13.2.3 Using Our complaints form at https://realmy.co.uk/feedback, following the instructions included with the form;
14. Other Important Terms
14.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.
14.2 You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract) without Our express written permission.
14.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
14.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
14.5 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
14.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Subscription, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them (also see sub-Clause 11.1 above).
15. Law and Jurisdiction
15.1 These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
15.2 If you are a consumer, any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
15.3 If you are a business, any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.