Terms and Conditions

This User Agreement describes the terms and conditions applicable to your use of the services of Cut the Middleman available under the domain and sub-domains at http:\\www.cutthemiddleman.co.uk and http:\\www.cutthemiddleman.net (the "Site"). If you do not agree to be bound by this User Agreement, you may not use or access Cut the Middleman services.

You must read, agree with and accept all of the terms and conditions contained in this User Agreement, which includes those terms and conditions expressly set out below and those implied by reference, before you may become a user of the Site. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in any other pages and websites referred to on this site, as they contain further terms and conditions which apply to you as a Cut the Middleman user. Please note: underlined words and phrases are click-through links to these pages and websites.

By agreeing to this User Agreement, you also agree that your use of other Cut the Middleman web sites will be governed by the user agreement posted on those other web sites.

If you have any questions about this User Agreement, please contact us at info@cutthemiddleman.co.uk.

We may amend this User Agreement at any time by giving you notice ("Notice") by either e-mail or by posting the amended User Agreement on the Site. Any amended User Agreement will govern new user registrations from the date that it is posted on the Site. Existing users will be bound by the amended User Agreement after the expiry of 30 days following the date of a Notice. No other amendment to this User Agreement will be effective.

This User Agreement is effective on 17th July 2006 for new registering users.

• Membership Eligibility.
  Our services are not available to, and may not be used by, persons under the age of 18 years. If you are under 18 years old, you can use this service only in conjunction with and under the supervision of a parent or guardian. If you do not qualify, please do not use our services. If you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement.

• User ID.
  You must enter a valid email address and choose a User ID and password on completion of registration. You are responsible for all actions taken under that email address and User ID and password and shall only use or utilise the Site using your own User ID and password. You must use every effort to keep your password safe and should not disclose it to any other person. You shall not transfer or sell your User ID to any other person. You shall also not permit, either directly or indirectly, any other person to utilise your User ID or password.

• Cut the Middleman is a Venue.
  The Site acts as a venue which allows registered users to offer for sale their own properties.We do not review listings provided by users, we never check on the details of the properties offered through the Site and we are not involved in transactions between buyers and sellers. As a result, we have no control over the quality of the properties listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We are not responsible for ensuring that buyers and sellers actually complete a transaction. You accept sole responsibility for the legality of your actions under laws applying to buying and selling of property.

• Identity verification.
  We use techniques to verify the accuracy of the information our users provide to us when they register on the Site. However, because user verification on the Internet is difficult, Cut the Middleman cannot and does not confirm the purported identity of users or the validity of the information which users post to the Site.

• Liability.
  In the event that you have any right, claim or action against any other user arising from that user's use of the Site, you agree to pursue such right, claim or action independently of and without recourse to us, and you release Cut the Middleman (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.

• Information Control.
  We do not control the information provided by other users which is made available through the Site. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretences. By using this Site, you agree to accept such risks and agree that Cut the Middleman is not responsible for the acts or omissions of users on the Site.

• Listing Description.
  If you are a seller, you must ensure that you are legally able to sell each item included in a listing on the Site, and that it is lawful to sell such a property to UK residents or (if the buyer is resident overseas) that it is lawful to sell to a person resident in the buyer's jurisdiction. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, pictures and other content relevant to the sale of that item and you are responsible for ensuring that you have the right to use all content in your listings and we have the right to host it on our servers.

• Fraud
  Without limiting any other remedies, we may suspend or terminate your account if we suspect that you have engaged or are about to engage in, or have been in any way involved in or linked to, fraudulent activity in connection with the Site.

• Manipulation.
  You must not manipulate the price of any item or interfere with other user's property listing(s). Without limitation, you must not: (a) make contact with a seller or buyer using a false User ID (b) utilise the Site to advertise items other than properties.

• Fees
  Unless otherwise stated, all fees are payable in GB Pounds sterling. Sellers will be responsible for paying all fees associated with using our service and our Site and all applicable taxes. You agree that we may issue you with invoices in electronic format by email.

• Your Information Restrictions Your Information and Your Activities on our Site must not:

  • be false, inaccurate or misleading;

  • be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights;

  • infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;

  • be fraudulent;

  • be in breach of any applicable laws or regulations (including, but not limited to, laws governing consumer protection, unfair competition, anti-discrimination, false advertising);

  • be obscene, indecent or contain child pornography;

  • create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;

  • link directly or indirectly to or include descriptions of goods or services that: (a) are prohibited under this User Agreement; (b) you do not have a right to link to or include;

  • contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;

  • cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired.

• Your Use of Other Users' Information.

  In order to facilitate interaction among all Cut the Middleman users, our service allows you limited access to other users' contact information. As a seller you may have access to the User ID, email address and other contact information of the prospective buyers.
  
  By accepting this User Agreement, you agree that, with respect to other users' personally identifiable information that you obtain through the Site or through a Cut the Middleman communication you may only use such information for: (a) Cut the Middleman-related communications that are not unsolicited commercial messages and relate to your genuine interest in a Propery advertised on the Site and (b) any other purpose that such user expressly agrees to after adequate disclosure of the purpose(s). In addition, you shall only use such information in accordance with applicable laws and regulations, including without limitation data protection and privacy laws. In all cases, you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this Section, can you disclose personally identifiable information about another user to any third party without our consent and the consent of such other user after adequate disclosure.

• Spam.
  Cut the Middleman and our users do not tolerate spam or unsolicited commercial communications. therefore, without limiting the foregoing, you shall not add a Cut the Middleman employee or a Cut the Middleman user, even a user who has purchased a property from you, to your mail list (email or physical mail) without their express written consent after adequate disclosure.

• Breach.
  Without limiting our other remedies, we may limit your activity on the Site, immediately issue a warning, suspend or terminate your user registration or any of your item listings and refuse to provide our services to you without notice to you: (a) if you breach this User Agreement or the documents implied by reference; (b) if, despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause us financial loss or legal liability.

• Transfer of Data
  We view protection of users' privacy as a very important principle. Please note that Your Information will be stored and processed on our computers in the UK. Your Information will be held by Cut the Middleman and will hold and transmit Your Information in a safe, confidential and secure environment. If you object to your Information being transferred or used in this way please do not register.

• No Warranty.
  We (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Our website and our services are provided "as is" and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

• Limitation of Liability.
  Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our, agents or employees. Subject to the foregoing, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this User Agreement. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you.
  
  We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.
  
  Our liability to you or any third party, and the liability of our parent, subsidiaries, affiliates, officers, directors, agents and employees, in any circumstance is limited to the greater of (a) the total fees you have paid to us in relation to the listing or other service offered giving rise to liability, and (b) £100.

• Indemnity .
  You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement (including the documents incorporated by reference), or your violation of any law or the rights of a third party.

• Governing Law and Legal Compliance.
  This User Agreement shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts.
  
  Please note, that your country (and/or that of any user you deal with) may have laws which apply to your transactions with other users regardless of what you agree with us (now) or with that user (later). the laws of your country may be different from English law, including laws governing what can be legally offered, sold or bought. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of Cut the Middleman services and your listing and solicitation of offers to purchase and sale of items. there is no practical way for us to continually monitor the laws of every country, or each user transaction. Please do not assume that you are allowed to do what other sites do, or that we are approving or validating any transaction, even if you have successfully made similar sales in the past.

• Third Party Rights.
  A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.

• General.
  If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. You agree that this User Agreement and all incorporated agreements may be automatically assigned by Cut the Middleman, in our sole discretion, to a third party in the event of a merger or acquisition or any other event. You and Cut the Middleman are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of this User Agreement.

Copyright © 2006 Cut the Middleman Ltd. All Rights Reserved.

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