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Terms & Conditions

Any use by you of the website operated by Houseviz  – www.houseviz.com (the "Site") is conditional upon your acceptance of these Terms & Conditions, including our Privacy Statement.

We reserve the right to amend these Terms & Conditions from time to time without notice and at our discretion. It is your responsibility periodically to review this page for updates to these Terms & Conditions, which shall come into effect once posted.

Your continued use of the Site will be deemed acceptance of these Terms & Conditions, including our Privacy Statement. IF YOU DO NOT ACCEPT THESE TERMS & CONDITIONS PLEASE LEAVE THE SITE NOW.

All references to 'our', 'us', 'we' or 'company' within this policy and within the opt-in notice are deemed to refer to Houseviz and V360 Ltd, registered ofice 41 St Thomas's Rd, Chorley, Lancashire, PR7 1JE.  Reg No 04727736 VAT No 838 3548 95.  

1. Rights - all rights in all material and content (including, but not limited to, text, images, web pages, sound, software (including, code, interface and website structure) and video, and the look and feel, design and compilation thereof) at this Site are owned by us.

You agree that you are permitted to use this material and/or content only as set out in these Terms & Conditions or as otherwise expressly authorised in writing by us or our licensors, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content. All work carried out for our client including every photograph and virtual tour with all optional services attached are protected by copyright and trademark law and other related intellectual property rights. Copyright in the virtual tours and photographs and any other work provided by V360 Limited to the client is owned by V360 Limited and all work provided is also protected by moral rights. V360 Limited asserts their moral right to be identified as the author whenever these photographs, 360 virtual tours, or any immersive material albeit immersive walkthroughs or interactive floor plans are copied or distributed by any means. All works provided by V360 Limited may not be reproduced or displayed on any other website or published without the prior written permission of V360 Limited. Any use of the mark or work produced by V360 Limited for commercial or non-commercial purposes is expressly forbidden.

2. Intellectual Property - We are the owner and/or authorised user of all trademarks, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Site, unless otherwise indicated. Except as provided in these Terms & Conditions, use of the Site does not grant you any right, title, interest or license to any such intellectual property you may access on the Site. Except as provided in these Terms & Conditions, any use or reproduction of the intellectual property is prohibited.

3. Copying - You may view this Site and you are welcome to print hard copies of material on it solely for your lawful, personal, non-commercial use. All other copying, whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws and other laws world-wide. Furthermore, you are not entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material, or use it for commercial purposes, without our prior written consent. All other rights are reserved.

4. NO WARRANTIES - THIS SITE IS PROVIDED "AS IS," AND YOUR USE THEREOF IS AT YOUR OWN RISK. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS, DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE FREE FROM VIRUSES, AVAILABLE OR THAT THE CONTENTS WILL BE ACCURATE. ALTHOUGH WE TAKE REASONABLE STEPS TO SECURE THE SITE, YOU ACKNOWLEDGE THAT THE INTERNET IS NOT A COMPLETELY SECURE MEDIUM AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, THAT ANY INFORMATION OR MATERIALS YOU POST ON OR TRANSMIT THROUGH THE SITE WILL BE SAFE FROM UNAUTHORIZED ACCESS OR USE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

5. THIRD PARTY GOODS AND SERVICES - WE DO NOT VOUCH FOR THOSE PERSONS, COMPANIES AND OTHER ORGANISATIONS WHOSE GOODS OR SERVICES MAY BE ACCESSED OR DISPLAYED THROUGH OR ON THE SITE. [INCLUDE THIS WORDING FOR ROI SITES ONLY: CONSUMERS, PLEASE NOTE THAT THE EXCLUSION OF RIGHTS UNDER SECTION 39 OF THE SALE OF GOODS AND SUPPLY OF SERVICES ACT 1980 IS SUBJECT TO THE PROVISIONS OF SECTION 40 OF THAT ACT]

6. Your responsibility - You should always verify the information set out in this Site with independent authorities before acting or relying on it. It is your responsibility to use virus checking software on any material downloaded from this Site and to ensure the compatibility of such software with your equipment. In circumstances where you provide us with information relating to any third parties, you warrant that you have received that third party's consent in relation to such disclosure and that the third party has been informed of, and agree to, our Privacy Statement and the uses which we may make of such information.

7. NO LIABILITY - TO THE FULLEST EXTENT PERMITTED BY LAW WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS, HEREBY DISCLAIM ALL LIABILITY FOR ANY LOSS, COST OR DAMAGE (DIRECT, INDIRECT, CONSEQUENTIAL ,OR OTHERWISE) SUFFERED BY YOU AS A RESULT OF YOUR USE OF THE SITE OR FROM ANY COMPUTER VIRUS TRANSMITTED THROUGH THE SITE, OR OTHER SITES ACCESSED FROM THIS SITE, WHETHER SUCH LOSS, COST OR DAMAGE ARISES FROM OUR NEGLIGENCE OR OTHERWISE AND EVEN IF WE ARE EXPRESSLY INFORMED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, COSTS, LOSSES AND CAUSES OF ACTION IN THE AGGREGATE (WHETHER IN CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY STATEMENT, OR USE OF THE SITE EXCEED, IN THE AGGREGATE, £60.00 (GBP).

8. Materials submitted by you - Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its services, by email, or in any other way. Any information or material submitted by you, and which has not been specifically requested by us, will be deemed not to be confidential, secret or proprietary. You agree that any information or materials submitted by you to this Site, whether ideas, creative concepts or other materials, may be used, reproduced and disclosed by us without restriction for whatever purpose we deem fit and without payment of any sum or acknowledgement of you as their source. You also warrant that any "moral rights" in posted materials have been irrevocably waived by the appropriate authors.

WE SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF USE OR DISCLOSURE OF SUCH MATERIALS BY US TO THE EXTENT PERMITTED BY LAW. This paragraph does not affect any rights you may have under data privacy laws that protect your personal information or similar privacy laws, to the extent that such rights cannot be excluded.

9. User Information - In the course of your use of the Site, you may be asked to provide personal information to us (such information referred to hereinafter as "User Information"). Our information collection and use policies with respect to such User Information are set forth in the Site Privacy Statement, which Privacy Statement is incorporated into these Terms & Conditions by reference. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.

10. Links from and to the Site - You acknowledge and agree that we have no responsibility for the information provided by Web sites to which you may link from this Site ("Linked Sites"). Links to Linked Sites do not constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on such sites. We have no control over these Linked Sites and do not edit or monitor them. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss or cost caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites. No website may be linked to this website or its pages without our prior written consent.

11. Indemnity - You will indemnify us against any loss, damage or cost incurred by us arising out of your use of the Site, any of its services or any information accessible over or through the Site, including information obtained from linked sites, your submission or transmission of information or material on or through the Site or your violation of these Terms & Conditions or any other laws, regulations and rules. You will also indemnify against any claims that information or material which you have submitted to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that you will fully cooperate with us in any such defences.

12. Restriction, Suspension and Termination - We may restrict, suspend or terminate your access to the Site and/or your ability to avail of any of the services on the Site, including interactive services, if we believe that you have breached these Terms & Conditions at any time. Any such restriction, suspension or termination will be without prejudice to any rights, which we may have against you in respect of your breach of these Terms & Conditions. All contracts with V360 Ltd require 3 months formal notice of termination, otherwise any other contracts undertaken will be governed by your order and payment acceptance and our Terms and Conditions and will continue for the duration as specified when an order or payment plan has been accepted by you on the same terms and will continue to run for consecutive periods on the expiry of the previous unless and until notice as prescribed above. We may also remove the Site as a whole or any sections or features of the Site at any time. Please note that we have the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of these Terms & Conditions.

13. Data Protection - We will collect personal information such as your name, address, debit or credit card details, telephone number and e-mail address. We will not share this information with any other company or companies. We will use your personal information to perform the contract and for marketing and research purposes. We will keep your personal information in a secure environment in accordance with the provisions of Principle Seven of the Data Protection Act 1998.

14. Entire Agreement - These Terms & Conditions, including our Privacy Statement, constitutes the entire agreement between you and us in relation to its subject matter and supersedes any and all prior promises, representations, agreements, statements and understandings whatsoever between us. To the extent that software is available through the Site, such software may be subject to a license agreement that is distributed or included with such software and you agree to abide by the terms and conditions of any such license agreements. The failure by us to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms & Conditions is found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms & Conditions shall remain in full force and effect. We may cede assign or otherwise transfer our rights and obligations in terms of these standard terms and conditions to third parties.

15. By supplying your personal information to us you consent to its use as described in our Privacy Policy and opt to be included on our direct marketing newsletter lists. If you do not wish to receive further marketing information or wish to access, update or correct any inaccuracies in the personal information we hold about you or if you have any other comments or complaints in relation to the contract, write to us at our Registered Address. 

Terms and Conditions (Visiting Services)

Interpretation

In these Conditions the following definitions apply:

Conditions means the terms and conditions set out in this document;

Contract means the legally-binding agreement between us (V360 Ltd) and you (the client) for the supply by us of the Services, which incorporates these Conditions;

Order means acceptance of our prices for the supply of Services;

Privacy Policy means our statement about the use of your customer information and our contact details for the purposes of the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (as these may be amended or re-enacted from time to time) attached to these Conditions set out at www.portal.houseviz.com;

Services means the services (including any necessary documentation) set out in an Order placed via www.houseviz.com;

Specification means the description or specification of the Services set out in the Order and provided by you;

Value Added Tax or VAT means value added tax under the Value Added Taxes Act 1994 or any other similar sale or fiscal tax applying to the sale;

We, us or our Means V360 Ltd Limited, company number 04727736, registered office 21 St Thomas’s Road, Chorley, Lancashire, PR7 1JE;

Application of these Conditions

Any estimate provided by us for the provision of Services prior to you submitting an Order is for information purposes only. It is not a binding offer by us to supply Services on the terms of the estimate and these Conditions; and will be valid for 28 days only from the date of issue.

When you place an Order for the supply of Services from us and for internet orders we assume your acceptance of these Conditions, you make a binding offer to purchase those Services in accordance with these Conditions.

We reserve the right at all times to reject any Order, in whole or in part, at our sole discretion.

We will not accept any variation to these Conditions, an Order or quotation from us unless the variation is expressly agreed by us in writing and signed by a duly authorised signatory on our behalf.

Charges and Service

The charges for the Services will be as set out in the Order or in default of such provision will be calculated in accordance with our standard scale of charges in force on the date of your Order. The quoted price is for mainland England and Wales. Some outlying areas will be subject to additional charges.   Properties of more than 4 bedrooms will be charged at a higher rate as per our price list.   Prices quoted are per individual property.   The media will be supplied by email.

We will charge VAT at the current rate on our agreed fees.

We will be deemed to be your contractor and not your agent.

We will charge 75% of the total fee for cancellations/no shows that occur within 24 hours of the agreed appointment date and time.

Payment

4.1 You must pay all invoices in full, without deduction on receipt of invoices.

VAT will be charged by us and paid by you at the then applicable rate.

Delivery of Services

We will deliver the Services to you as soon as reasonably practicable the next working day after the appointment.   In the case of EPC’s it is understood that there may be delays due to verification of evidence.

We agree to keep all media for a minimum of 2 calendar months, after which time it can be permanently deleted from our servers.

Title and risk

Risk in any services or documents supplied by us will pass to you on delivery. We will not be liable for any loss or destruction of them occurring after they are delivered to you.

Ownership to these services or documents will pass to you once we have received payment in full for the Services.

Until ownership of the services and documents has passed to you, you will:

  • take all reasonable care of the documents and keep them in reasonable condition;
  • insure the documents: (i) with a reputable insurer; (ii) from the date of delivery; (iii) against all risks; and (iv) for an amount at least equal to the Price;

Warranty/Services

We warrant that:

  • we will use all reasonable endeavours to commence the provision of
  • Services by any commencement date set out in the Order;
  • we will use all reasonable endeavours to complete the performance of the
  • whole or any part of the Services by the relevant completion date set out in
  • the Order, if specified;
  • the Services will be provided with all reasonable skill and care; and
  • the Services will comply with their description set out in the Order.

You warrant that:

  • You will ensure that the information that you supply to us in the Order
  • including without limitation details of the Property is complete, accurate and up to date. You will notify us immediately you become aware of any inaccuracy in the Order.
  • Any Service that we deliver to you is for your exclusive use and only for the purpose that you have disclosed to us.
  • An Adult will be present at the pre-arranged appointment with the photographer/assessor.
  • If you have a complaint or query then you will inform us within 7 days of the Appointment date and we shall not be liable for complaints, claims or queries received after that deadline.

Liability

Nothing in these Conditions is intended to exclude our liability where consumer protection legislation or contract law prevents us from doing so, including:

  • for death or personal injury caused by our negligence; or
  • for breach of the terms implied by section 12 of the Sale of Goods Act 1979
  • and by section 2 of the Supply of Goods and Services Act 1982;
  • for defective products under the Consumer Protection Act 1987; or
  • for fraud or fraudulent misrepresentation.
  • We will be liable to you for the reasonable and foreseeable losses you may suffer or incur as a result of our breach of these Conditions limited to a maximum sum equal to the charges for the Services (including any documents).

General

Time

Unless stated otherwise, time is not of the essence of any date or period specified in these Conditions.

Waiver

No delay, act or omission by either you or us in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

Rights of Third Parties

This Contract is not enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

Priority

The terms of these Conditions prevail over those of the Order or Schedule (if any).

Entire Agreement

The Contract constitutes the entire agreement between you and us in relation to its subject matter. No other terms apply.

Terms and Conditions (Floor Plans and Photo Retouching)

Interpretation

In these Conditions the following definitions apply:

Data Protection

We will use your customer information only in accordance with our Privacy Policy.

In these Conditions the following definitions apply:

Conditions means the terms and conditions set out in this document;

Contract means the legally-binding agreement between us (V360 Ltd) and you (the client) for the supply by us of the Services, which incorporates these Conditions;

Order means acceptance of our prices for the supply of Services;

Privacy Policy means our statement about the use of your customer information and our contact details for the purposes of the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (as these may be amended or re-enacted from time to time) attached to these Conditions set out at www.myvirtual360.co.uk

Services means the services (including any necessary documentation) set out in an Order placed via www.myvirtual360.co.uk;

Specification means the description or specification of the Services set out in the Order and provided by you;

Value Added Tax or VAT means value added tax under the Value Added Taxes Act 1994 or any other similar sale or fiscal tax applying to the sale;

We, us or our Means V360 Ltd Limited, company number 04727736,  registered office 21 St Thomas's Road, Chorley, Lancashire, PR7 1JE;

Application of these Conditions

Any estimate provided by us for the provision of Services prior to you submitting an Order is for information purposes only. It is not a binding offer by us to supply Services on the terms of the estimate and these Conditions; and will be valid for 28 days only from the date of issue.

When you place an Order for the supply of Services from us and for internet orders we assume your acceptance of these Conditions, you make a binding offer to purchase those Services in accordance with these Conditions.

We reserve the right at all times to reject any Order, in whole or in part, at our sole discretion.

We will not accept any variation to these Conditions, an Order or quotation from us unless the variation is expressly agreed by us in writing and signed by a duly authorised signatory on our behalf.

Charges and Service

The charges for the Services will be as set out in your Client page within Myvirtual360.   The Order or in default of such provision will be calculated in accordance with our standard scale of charges in force on the date of your Order. The quoted price is for mainland England and Wales. The media will be supplied by email.   We reserve the right to change these prices at any time.

We will charge VAT at the current rate on our agreed fees.

Payment

4.1 You must pay all invoices in full, without deduction on receipt of invoices or in advance of placing orders.

All accounts must be in credit with sufficient funds to place orders.

VAT will be charged by us and paid by you at the then applicable rate.

Delivery of Services

We will deliver the Services to you as soon as reasonably practicable the next working day after the order has been received by us.  

We agree to keep all media for a minimum of 2 calendar months, after which time it can be permanently deleted from our servers.

All records of orders placed and transactions will be deleted after 6 months.

All accounts unused for 6 months will automatically be deleted and all records removed from our servers.   All funds credited will then be non-refundable.

Orders received cannot be subsequently cancelled if we have started work on them.

Orders received before 5.30pm on a working day (Mon-Fri excluding bank holidays) will be delivered next working day.

Orders where delivery is required same day must be ordered before 11am for floor plans and before 9.30am for photo retouching.

Title and risk

Risk in any services or material supplied by us will pass to you on delivery. We will not be liable for any loss or destruction of them occurring after they are delivered to you.

You are responsible for the accuracy of all services and material supplied by us.   The copyright of all floor plans belongs to V360 Ltd

Until ownership of the services and material has passed to you, you will take all reasonable care of the material and keep them in reasonable condition.

Warranty/Services

We warrant that:

  • we will use all reasonable endeavours to deliver a completed Order next working day after the Order has been placed;
  • the Services will be provided with all reasonable skill and care; and
  • the Services will comply with their description set out in the Order.
  • Should amends be necessary, we will complete these at no cost to you should we have made mistakes on the initial order.   Amends that are caused as a result of your mistakes/omissions or unclear instructions will be chargeable.

You warrant that:

  • You will ensure that the information that you supply to us in the Order is complete, accurate and up to date. You will notify us immediately you become aware of any inaccuracy in the Order.
  • Any Service that we deliver to you is for your exclusive use and only for the purpose that you have disclosed to us.
  • If you have a complaint or query then you will inform us within 7 days of the Order being placed and we shall not be liable for complaints, claims or queries received after that deadline.

Liability

Nothing in these Conditions is intended to exclude our liability where consumer protection legislation or contract law prevents us from doing so, including:

  • for death or personal injury caused by our negligence; or
  • for breach of the terms implied by section 12 of the Sale of Goods Act 1979
  • and by section 2 of the Supply of Goods and Services Act 1982;
  • for defective products under the Consumer Protection Act 1987; or
  • for fraud or fraudulent misrepresentation.
  • We will be liable to you for the reasonable and foreseeable losses you may suffer or incur as a result of our breach of these Conditions limited to a maximum sum equal to the charges for the Services (including any documents).

General

Waiver

No delay, act or omission by either you or us in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

Rights of Third Parties

This Contract is not enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

Priority

The terms of these Conditions prevail over those of the Order or Schedule (if any).

Entire Agreement

The Contract constitutes the entire agreement between you and us in relation to its subject matter. No other terms apply.   We reserve the right to change these terms and conditions at any time.

Data Protection

We will use your customer information only in accordance with our Privacy Policy.