Advertising Terms and Conditions
In these Conditions "We", "Us", "Our" or "MoveAgain" refers to Abroad Again Ltd. trading as MoveAgain, "You", "Your" or "Customer" refers to any person, agent, firm or company ordering adverts with Us for inclusion on the Website. "Website" means the website located at www.moveagain.co.uk.
Adverts placed on the Website will appear on all MoveAgain platforms, including desktop, mobile and tablet.
Adverts on Our Website are subject to the following Conditions and the placing of an advert with Us is deemed acceptance of these Conditions. These terms and conditions and the contract of which they form part shall be governed by English law.
Where you are a consumer, nothing in these Conditions affects your statutory rights.
1. The agreement with Us is personal to you, and You may not assign or transfer or otherwise part with the agreement without Our prior written consent.
2. REGISTRATION a. All new Customers are entitled to our free property creation or XML data feed upload service and estate agent directory listing upon payment and registration. b. Real Estate Agents and Developers - Your advert(s) will go live and be published on Our portal upon receipt of payment. Renewal reminders will be sent to your registered email address requesting payment to continue Your adverts on Our Website at the end of your subscription term. c. Tiered membership subscription prices are based on the number of properties you wish to advertise. A maximum of 4,000 individual adverts can be added for real estate agents or developers only. d. Private owners may only advertise one property per payment option and You will be allocated a subscription package allowing the relevant number of property listings to be created per account. e. Private Sellers - Your advert(s) will go live and be published on Our portal upon receipt of payment. Renewal reminders will be sent to your registered email address requesting payment to continue Your adverts on Our Website at the end of your subscription term. f. You are entitled to cancel Your subscription at any time providing you give one full calendar months' notice by email, or upon the date of Your subscription expiry without prior notice. g. Failure to pay for the continuation of advertising service will result in the removal from Our Website and loss of Your property adverts that have been created during Your membership subscription.
3. WARRANTIES a. You warrant that (i) You have the right to sell or lease the property in the advert (ii) all copy information and materials that You provide to Us is complete, accurate, legal, non-defamatory, decent, honest and truthful and complies with the British Code of Advertising Practice, all other relevant codes under the general supervision of the Advertising Standards Authority and all current relevant legislation (iii) the publication of the advert by Us will not breach any contract, infringe any third party intellectual property rights or other rights; render Us or any other company in Abroad Again Ltd. Group liable to any proceedings; and/or detriment Our reputation and/or the reputation of the Abroad Again Ltd. Group (iv) in respect of any advert which contains any copy or photographs or video by which any living person is or can be identified, You have obtained the necessary authority of such living person and complied with the Data Protection Act 1998 (as amended from time to time) (v) the advert has: consistent and accurate pricing throughout (in both the asking price section and the description) and the correct property specification has been provided. b. We may remove an advert where (i) You fail to comply with the provisions of these terms and conditions (ii) We suspect that You are not complying with the provisions of these terms and conditions and/or (iii) any competent law enforcement or compliance authority instructs, advises or makes a recommendation to Us to take down any of Your adverts and/or suspend the delivery of services to You. If we remove an advert due to any breach (or suspected breach) of these terms and conditions, You will not be entitled to any refund for the advert in question and your subscription may be terminated by Us.
4. VIDEOS AND PHOTOGRAPHS a. Videos and/or photographs may be checked to ensure that the content meets the requirements set out in these terms and conditions. b. If Your video and/or photograph includes infringing material We reserve the right to remove it from Our Website. c. Videos and/or photographs must not contain: nudity, profanity, pornography, drug use, violence, attacks on individuals or groups (including sexist, racist, defamatory or homophobic material), obscene material, copyrighted material including music or radio audio, material that could be considered dangerous or encourage others to be dangerous. d. Videos and photographs should only advertise one property. e. Video audio should also comply with the above and if it is not deemed by Us to do so We reserve the right to remove the sound.
5. INTELLECTUAL PROPERTY RIGHTS a. All intellectual property rights (including, without limitation, copyright, trade marks, database rights and design rights (whether registered or not)) ("IPRs") in any copy, text, artwork, photographs or other materials which We have created and/or in any way altered for You shall belong to Us absolutely. To the extent that any such IPRs are not automatically vested in Us, You assign to Us all such IPRs. You shall, at Our request, sign and execute all such documents and do all such acts as We may reasonably require to vest the IPRs in Us and to protect and enforce them. In respect of any materials (except those referred to above) which You supply to Us ("Materials"), You grant Us a non-exclusive, irrevocable, perpetual and royalty free licence to use such Materials for any purpose. You undertake that neither You nor any other person will assert any moral rights in or relating to the IPRs referred to above against Us or any third party. b. No advert (or any part thereof) placed with Us may be reproduced on any other website or in any publication or otherwise without Our express prior written consent and You shall not license, permit or authorise any such reproduction. c. You shall indemnify and keep Us fully and effectively indemnified against all actions, suits, claims, demands, costs, charges, damages, losses and expenses (including legal expenses on an indemnity basis) suffered or incurred by Us due to, or arising out of, the publication by Us of any advert for You in accordance with Your instructions or specifications including (without limitation) any claim for defamation or the infringement of any third party's IPRs.
6. PROCESSING YOUR ADVERTS a. Only one property may be featured in each advert listing unless agreed otherwise by Us. b. We aim to process and publish adverts supplied on-line or via our sales team within 5 days of receipt c. As soon as an advert has been accepted for carriage, a confirmation email will be sent to You explaining that the advert has gone live onto the Website. In the event that an advert has been rejected for carriage, We will attempt to send an email to You explaining who You need to contact in order to find out why Your advert has been rejected.
7. AMENDMENTS a. If You need to amend Your advert, You can use the on line edit functionality b. If You are experiencing any difficulties in relation to amendments or, You would like to discuss whether changes can be made, please contact Customer Support using Our live help (please refer to Our Website for current operating hours) or email your enquiry to: support@moveagain.co.uk, please include Your advert reference number or Your username.
8. OUR RIGHTS AND OBLIGATIONS a. We shall provide the service with reasonable care and skill in a professional and timely manner. b. You acknowledge and accept that it is technically impossible to guarantee that the Website will be continuously available online or the corruption free or error free transfer of the advert to such websites. c. We do not monitor or control and shall not be responsible for the content of Your advert which You agree is Your sole responsibility. Accordingly, You shall be responsible for any losses, expenses or other costs incurred by Abroad Again Ltd. caused by an untrue statement or inaccurate photograph or video supplied. d. We reserve the right to refuse to publish any advert without reason and to classify, edit and delete an advert at Our sole discretion. Where possible - We will attempt to contact You to inform You of these changes prior to publication. e. We may at any time vary the technical specifications of the Website (or any part of it) for operational reasons. f. We may at any time remove any or all of the materials from the advert which in Our opinion are unlawful or have been placed on the advert in breach of this agreement. g. In the event that We are unable to accept an advert for any reason, We will attempt to inform You of this if at all possible. In the event that We reject the advert prior to publishing, no charge will be incurred by You. No contract will be deemed to exist between You and Us until the advert has been accepted for the Website. h. From time to time We will need to carry out maintenance on Our systems, and We shall use Our reasonable endeavours to ensure that, in so doing, minimum disruption to the advertising is caused.
9. LIABILITY a. We shall not be liable to You for any: loss or damage suffered by You arising out of or in connection with any total or partial failure to publish an advert on the Website; loss of copy, artwork, photographs or other materials; in contract, tort (including, without limitation, negligence), statutory duty or otherwise arising out of or in connection with Your agreement with Us for (i) consequential, indirect or special loss or damage; (ii) any loss of goodwill or reputation; (iii) loss of business and/or opportunity; (iv) loss of profits; (v) loss of revenue; and/or (vi) any economic and/or other similar losses; and in each case such liability is excluded whether it is foreseeable, known, foreseen or otherwise and whether such losses are direct, indirect, consequential or otherwise. b. Our total liability to You in contract, tort (including, without limitation, negligence), statutory duty or otherwise (unless otherwise excluded) shall not exceed the charges paid by You for the relevant advert in the week during which the event giving rise to the liability occurred. c. Nothing in these Conditions shall exclude or restrict Our liability for death or personal injury caused by Our negligence, for fraudulent misrepresentation and/or for any other liability which We are not permitted to exclude or limit by law. d. In the event of any error or omission in an advert, We may at Our sole discretion either amend the relevant part of the advert or refund or adjust the charges. No refund, amendment or adjustment to the charges will be made where in Our sole opinion, the error or omission does not materially detract from the advert or where it arises as a result of incorrect or inadequate information provided by You. e. We shall not be liable to You for any delay in performing and/or any failure to perform Our obligations to You if the delay or failure is due to any cause beyond Our reasonable control (including, without limitation, any act of God, strike, infrastructure failure or power failure).
10. DATA PROTECTION a. By submitting an advert to Us, You are requesting that Your advert appears on the Website. This means that the advert together with your telephone number and email address can potentially be viewed by all persons with internet access throughout the world. You consent to the publication of your data in this way. b. We each warrant to the other that We shall comply with the provisions of the Data Protection Act 1998 as may be amended from time to time ("Act") in so far as Our agreement with You relates to or involves the processing of Personal Data (as defined in the Act). c. You acknowledge and agree that by placing an advert with Us, We may collect certain Personal Data relating to You and/or Your employees, consultants and/or contractors (as applicable). This Personal Data may be used for a number of purposes as further detailed in Our Privacy Policy on the Website which We advise You to read. For the privacy policy Click Here . In addition this information may be used for the prevention and detection of fraud; assisting with police investigations and/or enquiries; and/or complying with statutory and regulatory obligations.
11. PAYMENT a. Payment is for a predetermined duration of subscription to advertise on Our Website. b. You shall be liable to pay such rates as stated by Us. c. We shall have the right to change Our advertising rates at any time and for any reason and any revised rates shall apply to any advertising placed with Us after publication of the revised rates. d. Where payment is taken through the Website or via direct invoice emailed to your registered email address, We will refer You to a dedicated commerce provider who will take payment via a secure sever (SSL) connection to ensure the safety of Your payment on-line. Payment can be made by credit or debit card using Visa, MasterCard or Maestro via third party payment gateways of PayPal. Whilst every effort is made to ensure the safety of Your credit card transaction, We cannot and do not accept liability for any loss or damage incurred as a result of using these third party secure payment mechanisms. We do not store credit card details nor do we share customer details with any 3rd parties. For payments made via direct bank transfer, any additional bank transfer fees are to be paid by the buyer. Advertised prices are exclusive of Tax / VAT. Businesses located in the UK must pay via direct bank transfer where an invoice including Tax / VAT will be sent to Your registered email address. Private sellers must pay via direct bank transfer where an invoice including your local rate of Tax / VAT will be sent to Your registered email address. Businesses registered and located outside of the UK do not have to pay any additional Tax / VAT.
12. CANCELLATION AND REFUNDS a. All adverts will be processed immediately and are non-refundable. b. The publication of an online advert can be cancelled to avoid unwanted response, however no refunds are given. Adverts can be cancelled by sending an e-mail - quoting the advert reference number - to: admin@moveagain.co.uk. To cancel Your advertising subscription and/or membership we require one full months' calendar notice by email.
13. GENERAL a. These Conditions and any order form (where relevant) contain the entire agreement between Us and You and supersede all prior agreements. Nothing in these Conditions shall exclude Our liability for fraudulent misrepresentation. b. If any provision of these Conditions is deemed by a competent authority to be invalid, unlawful or otherwise unenforceable then such provision shall be severed from the remaining Conditions which shall continue to be valid and enforceable to the fullest extent permitted by law. c. We reserve the right to assign or sub-contract this agreement and any of Our rights or obligations to a third party. d. We reserve the right to modify these Conditions from time to time and any such modifications shall be effective immediately from the time they are notified to You. Display of the modified Conditions on the Website shall be deemed to be notice to You. You agree to review the Conditions regularly to ensure You are aware of any modifications. e. The agreement which incorporates these Conditions shall be governed by and construed in accordance with English law and the parties irrevocably submit to the exclusive jurisdiction of the English Courts.
14. TRADE ADVERTISING
The following terms and conditions only apply to orders placed for trade advertising and are in addition to the terms and conditions set out above:
NOTICE - The Consumer Protection from Unfair Trading Practices Regulations 2008 requires all adverts by people who seek to sell goods in the course of business to make the fact clear. This requirement applies whether the advertiser is acting on his own behalf, or for some other person. Customers should be able to tell whether an advert relates to a sale by a trade or private seller. It is the responsibility of You the advertiser to comply with the regulations Where You are a trader, it is an offence, for which You may be prosecuted, not to advertise the fact that You are a trader.
PRIVATE ADVERTISING - If You are a trader You are not permitted to place any advert as a private advert and/or otherwise pass Yourself off as a private seller. We may, in Our sole discretion, remove any advert that has been placed as private which We reasonably believe has been placed by a trader acting in the course of a business. In such circumstances, You will not be entitled to any refund for the advert in question and You may be charged an administration fee by Us.
ACCEPTANCE - The placing of an order for trade advertising to be included on the Website shall amount to an acceptance of these conditions. Any agency conditions stipulated on an agency's order shall be void in so far as they are in conflict with these Conditions.
Please send all correspondence to Our registered office: Abroad Again Ltd. 601 International House, 223 Regent Street, Mayfair, London W1B 2QD United Kingdom. E-mail: admin@moveagain.co.uk.
Registered in England and Wales with Company No. 07668956.
Access to the Website is subject to these additional Terms and Conditions of Use. Please take the time to read through these before continuing to use the Website.
