Terms Of Use - Your Accom

Introduction

Your use of the YourAccom Website at youraccoum.netcluesdemo.com and the Online Platform is governed by these Terms of Use.

This document (referred to as our ‘Terms of Use’) gives you information about the terms upon which we agree to provide, permit and allow you access and use of the Website and Online Platform. We encourage you to print off a copy of this document and refer to it as you use our Systems and Services.

What do words and phrases mean in these terms?

'Account' means your Account that we operate and you control within the Online Platform. For the avoidance of doubt, this includes the area where you instruct us and manage the process of a sale, purchase, let and/or rent (including all marketing services).

'Content' means all of the content, documents, information and matters on or in your Account or contained within the Website and/or Online Platform, whether through the Website and/or Online Platform or uploaded manually.

'Online Platform' means the Complimentary software provided to customers in accordance with these Terms of Use.

'Privacy Policy' means the Privacy Policy as amended from time to time and published on the Website and Online Platform.

'Products & Services' means all and each of the products and/or services offered from time to time by us within the Website and Online Platform.

'Systems' means the Website and Complimentary or subscribed (following a payment) access to the Online Platform.

'Terms' means these Terms of Use and Privacy Policy as amended from time to time.

'User' means you or anyone who uses the Systems

'We', 'us', 'our' means Your Premier Accommodation Ltd trading as YourAccom.

'Website' means youraccoum.netcluesdemo.com including all systems, Software and processes hosted therein.

Acceptable use terms

You must adhere to these Terms of Use and the Service Agreement in connection with your use of the Systems. This is for your protection and that of all other Users.

We have the right to enforce these Terms of Use and the terms of the Service Agreement as we, acting reasonably, deems appropriate. This means that if you, or anyone using your Account, YourAccom password or identifying information, breach these Terms, we may take appropriate action. This could mean we issue you with a warning, that we stop you from using the Systems (without refund or part credit of any fees paid) or, if we reasonably suspect criminal activity, notify or otherwise involve any law enforcement agency or authority as required or appropriate. We are not required to provide notice prior to terminating your right to use the Systems for violating these Terms, but we may choose to do so. In taking any of the measures described above to enforce these Terms of Use and the terms of the Service Agreement, we will seek to act in a manner that is proportionate to the nature of the breach, or suspected breach, of the Terms of Use or Service Agreement.

BY USING THE SYSTEMS, YOU AGREE TO REIMBURSE US WITH RESPECT TO ANY CLAIMS RELATING TO ANY ACTION TAKEN BY US AS PART OF OUR INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A BREACH OF THIS AGREEMENT HAS OCCURRED OR THE WITHDRAWAL OF THE SYSTEMS WHETHER TEMPORARILY OR PERMANENT. THIS MEANS THAT WHERE WE REASONABLY DECIDE TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SYSTEMS, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED BREACH, OR WHERE WE CONCLUDE THAT A MATERIAL BREACH HAS OCCURRED, YOU MAY NOT BE ABLE TO SUE US FOR THIS DECISION.

ANY DECISION BY US TO WARN YOU, OR TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SYSTEMS, OR TO TAKE ANY OTHER ACTION IN RELATION TO ACTUAL OR SUSPECTED BREACHES OF THESE TERMS OR OF THE SERVICE AGREEMENT WILL BE PROPORTIONATE TO THE NATURE AND SERIOUSNESS OF THOSE ACTUAL OR SUSPECTED BREACHES. THESE PROVISIONS APPLY TO ALL MATERIAL BREACHES DESCRIBED IN OR CONTEMPLATED BY THESE TERMS OF USE AND THE SERVICE AGREEMENT.

Our responsibility to you

You expressly agree that your use of, or inability to use, the Systems is at your sole risk. We do not accept any responsibility for the computer equipment which you use to access the Systems.

In no case shall we, our Directors, Officers, Employees, Affiliates, Agents or Contractors be liable for any direct, indirect, incidental, special or consequential damages arising from your use of any of the Systems or for any other claim related in any way to your use of the Systems. We will not be liable to you for any loss or damage arising from your use of any of the Systems in circumstances where:

there is no breach of a legal duty of care owed to you by us or by any of our employees, agents or contractors;
such loss or damage is not a reasonably foreseeable result of any such breach; or
any increase in loss or damage results from a breach by you of any of your obligations under these Terms of Use.

Notices

We may send you notices with respect to the Systems by sending an e-mail message to the email address listed in your YourAccom Account or by sending a letter via postal mail to the contact address listed in your YourAccom Account.

Legal principles

You agree that these Terms are not intended to confer and do not confer any rights or remedies upon any person other than you, as a User of the Systems, and us.

If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Our failure to enforce any right or provisions in the Terms will not constitute a waiver of such provision, or any other provision of the Terms.

The personal information which you give to us when registering for access to the Systems will be used in connection with your use of the Systems and will be transferred to and maintained in our records in the Ireland while you use the system. Further information about the way in which we use your personal information can be found in our Privacy Policy.

Special Provisions

You are solely responsible for your use of the Systems, including all Content you generate or upload to the Systems. We are not and will not be responsible for what is contained in any such Content.

Although we encourage you to use the Systems to express your creativity, we reserve the right to refuse to process any order or upload submitted by you containing Content that we, in our sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise offensive, illegal, inappropriate or unacceptable, including any material we believe may cause any liability for it under any applicable law or regulation, or which may cause us to lose the Systems any suppliers provide as part of the Systems or in connection with fulfilling any order for Systems. In particular, we reserve the right to refuse to process orders or uploads containing Content which we reasonably believe not to comply with the Terms of Use or the Service Agreement.

By submitting Content to the Systems, you are representing that you are the owner of such material, or have proper authorisation from the owner of the Content to distribute it. You agree that you will allow us to use the Content for the limited purpose of marketing your property. You acknowledge that we will not owe you any money for our use of the Content for this purpose.

No ownership

Nothing in this Agreement shall be construed to convey to you any interest, title, or license in a YourAccom password, email address, domain name, or similar resource used by you in connection with the Systems or the Software.

Our Privacy Policy

You understand that by registering for and using the Systems, certain information about you and your use of the Website will be collected by us in accordance with our Privacy Policy. We may collect, use, transmit, process and maintain information related to your Account, and any devices or computers registered thereunder, for the purposes of providing the Systems, and any features therein, to you. Information collected by us when you use the Systems may also include technical or diagnostic information related to your use that may be used by us to support, improve and enhance our Systems.

Registration

In order to take advantage of the Online Platform you will need to register on youraccoum.netcluesdemo.com

You must provide accurate information about yourself and agree to our verification process on youraccoum.netcluesdemo.com. Once registration is complete we will open you an Account free of charge, which will give you access to the Online Platform.

You should keep all your Account information, user names and passwords secret and do not disclose the details to anyone. Please refer to the Terms of Use for further information, terms and conditions. We will never ask you to reveal your account password either verbally or in writing.

Anti Money Laundering

All solicitors estate agents have a legal obligation to conduct identification checks on their customers in accordance with Anti-Money Laundering Regulations.

This will include proof of ownership which will be established by a Land Registry search or copying Title Deeds where a property is not registered.

Please make sure you have a qualified solicitor or estate agent to give you the advice you need to help you with the property you want.

Access to the Online Platform

Once you have registered with us you will be given access to the Online Platform. You will then be able to use the Online Platform subject to these Terms of Use, the Privacy Policy and any other terms and conditions you have agreed to. Please ensure you have full knowledge of these terms and conditions.

Your agreement

You agree that you will NOT use the Systems to:

upload, download, post, email, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, misleading, defamatory, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
stalk, harass, threaten or harm another;
pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person, entity, another User, a YourAccom employee, or , or otherwise misrepresent your affiliation with a person or entity (we reserve the right to reject or block any YourAccom ID or e-mail address which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity);
engage in any copyright infringement or other intellectual property infringement (including uploading any content to which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements;
upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Systems (or any part thereof), or any other computer software or hardware;
interfere with or disrupt the Systems (including accessing the Systems through any automated means, like scripts or web crawlers), or any servers or networks connected to the Systems (including any unauthorised access to, use or monitoring of data or traffic thereon);
plan or engage in any illegal activity; and/or
gather and store personal information on any other Users of the Systems to be used in connection with any of the foregoing prohibited activities.

You further agree:

not to reveal your Account information to anyone;
that you are responsible for ensuring that you do not, either intentionally or unintentionally, disclose your Account details and password, and for all activities that occur on or through your Account following such a disclosure, and you agree to immediately notify us of any security breach that you become aware of;
that the Products and Services are designed and intended for personal use on an individual basis and you should not share your Account information and/or password details with other individuals and/or corporate bodies;
that provided we have exercised reasonable skill and due care, we shall not be responsible for any losses arising out of the unauthorised use of your Account resulting from you not following these rules;
to provide accurate and complete information when you register with, and as you use the Systems and you agree to update your account information to keep it accurate and complete.
that failure to provide accurate, current and complete Account information and data may result in the suspension and/or termination of your Account and/or Products and Services. Where we terminate or suspend your Account, you may not be entitled to a full or partial refund of any Product Service Fee paid where we have incurred expenses, for example in marketing your property

Removal of content

We reserve the right to take steps we believe are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You acknowledge and agree that we may, without additional cost to you, access, use, preserve and/or disclose your Account information and Content to law enforcement authorities, government officials, and/or a third party, as we believe is reasonably necessary or appropriate, if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of YourAccom, its Users, a third party, or the public as required or permitted by law.

As part of the process of using the Systems certain personal information will need to be disclosed to third parties such as a Seller, prospective Purchaser, legal advisor, Estate Agent, third party web portals and such others as we deem necessary to enable them to provide the Systems. By agreeing to these Terms you agree and accept that such information can be disclosed.

For the avoidance of doubt, we reserve the right to take control of your Account, including changing your login details and password, in order to enforce all or any element of these Terms or Service Agreement.

Access to your Account and Content

YourAccom reserves the right to take steps YourAccom believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You acknowledge and agree that YourAccom may, without liability to you, access, use, preserve and/or disclose your Account information and Content to law enforcement authorities, government officials, and/or a third party, as YourAccom believes is reasonably necessary or appropriate, if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of YourAccom, its Users, a third party, or the public as required or permitted by law.

As part of the process of using the Systems certain personal information will need to be disclosed to third parties such as a Seller, prospective Purchaser, legal advisor, Estate Agent, third party web portals and such others as YourAccom deems necessary to enable them to provide the Systems. By agreeing to these Terms you agree and accept that such information can be disclosed.

For the avoidance of doubt, YourAccom reserves the right to take control of your Account, including changing your login details and password, in order to enforce all or any element of these Terms or Service Agreement.

Using your Information

A prospective Purchaser or Tenant is someone wishing to view a property, to provide feedback, to make an offer to purchase/let or who agrees a sale/let. We will need to disclose the name, address and contact details of the prospective Purchaser or Tenant to the Seller or Landlord (and vice versa) in advance of a viewing or any subsequent viewing taking place at the Seller’s or Landlord’s property. By participating in any of the above processes or services, you agree for your information to be disclosed. More information about our processing of personal data can be found in our Privacy Policy.

In the event that you choose to Pay Later we will disclose to the Provider such information as we request from you on the Online Platform when you Instruct us and when any event should occur that represents a Deferred Payment Date.

Legal advisor

YourAccom will need to disclose the name, address, contact details, proposed purchase address, the amount the property is being sold/purchased for and any conditions of sale in relation to both the Seller and the Purchaser to the Legal Advisors acting on either or both sides of the transaction. By agreeing to these Terms you agree to allow us to do so

Estate Agent and Mortgage Advisors

YourAccom will need to disclose the name, address, contact details, proposed purchase address, the amount the property is being sold/purchased for and any conditions of sale in relation to both the Seller and the Purchaser to any Estate Agent and/or Mortgage Advisor involved in the transaction. By agreeing to these Terms you agree to allow us to do so.

Information and data

Any information and or data provided by you to YourAccom and used by YourAccom directly or indirectly in the performance of the Terms shall remain at all times the property of you. It shall be identified, clearly marked and recorded as such by YourAccom on all media and in all documentation.

YourAccom shall take all reasonable precautions to preserve the integrity and prevent any corruption or loss, damage or destruction of this data and information.

YourAccom agrees to comply and have adequate measures in place to ensure that its staff comply at all times with the provisions and obligations contained in (as amended from time to time):

All personal data acquired by YourAccom from you shall only be used for the purposes of this Agreement and shall not be further processed or disclosed without the consent of you, other than in circumstances detailed in this Agreement.

Nothing in this Agreement shall oblige you to disclose any information to YourAccom if it is of the view that to do so would be a breach of the Data Protection Act or terms of GDPR

YourAccom shall indemnify you for any breach of the legislation above, which renders you liable for any costs, fines, claims or expenses howsoever arising. In fulfillment of its obligations above, YourAccom will have in place and will maintain at all times the Information Standards which will deal comprehensively with:

The protection of the confidentiality, integrity and security of all and any information supplied to YourAccom by you;
The audit and accounting procedures in place to deal with the requirements of this clause;
The reliability and training of staff to ensure awareness of (and compliance with) their obligations;
Any other measures and procedures to ensure that YourAccom obligations under the above clauses are met.

Legals

If you believe that any Content in which you claim copyright has been infringed by anyone using the Systems, please contact YourAccom at info@youraccom.com Youraccom may, in its sole discretion, suspend and/or terminate Accounts of Users that are found to be repeat infringers.

Violations of this agreement

If while using the Systems, you encounter Content you find inappropriate, or otherwise believe to be a violation of this Agreement, you may report it by sending an email to info@youraccom.com

License from you

YourAccom does not claim ownership of the materials and/or Content you submit or make available on the Systems. However, by submitting or posting such Content on areas of the Systems that are accessible by the public or other Users with whom you consent to share such Content, you grant YourAccom a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content on the Systems solely for the purpose for which such Content was submitted or made available, without any compensation or obligation to you. You agree that any Content submitted or posted by you shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. By submitting or posting such Content on areas of the Systems that are accessible by the public or other Users, you are representing that you are the owner of such material and/or have all necessary rights, licenses, and authorisation to distribute it.

Changes to content

You understand that in order to provide the Systems and make your Content available thereon, YourAccom may transmit your Content across various public networks, in various media, and modify or change your Content to comply with technical requirements of connecting networks or devices or computers. You agree that the license permits YourAccom to take any such actions.

Trademark information

YourAccom, the YourAccom logo and other YourAccom trademarks, Systems marks, graphics, and logos used in connection with the Systems and Software are trademarks or registered trademarks of YourAccom, including the intellectual property rights of the YourAccom brand. Other trademarks, Systems marks, graphics, and logos used in connection with the Systems or Software may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Product(s) or Software.

YourAccom proprietary rights

You acknowledge and agree that YourAccom and/or its licensors own all legal right, title and interest in and to the Systems, including but not limited to graphics, User interface, the scripts, logos, sounds, music, artwork, videos, computer code and software used to implement the Systems, and any software provided to you as a part of and/or in connection with the Systems, including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Systems (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Systems in compliance with this Agreement. No portion of the Systems may be reproduced in any form or by any means, except as expressly permitted in these Terms.

License from YourAccom

YourAccom grants you a personal, non-exclusive, non-transferable, limited license to use the Software as provided to you by YourAccom as a part of the Systems and in accordance with this Agreement; provided that you do not (and do not permit anyone else to) copy, modify, rent, loan, distribute, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the Software, and you shall not exploit the Systems in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.

THE USE OF THE SYSTEMS OR ANY PART OF THE SYSTEMS, EXCEPT FOR USE OF THE SYSTEMS AS PERMITTED IN THE TERMS, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

Links and other third party materials

Certain content, components or features of the Systems may include materials and/or services from third parties and/or hyperlinks to other web sites, resources or Content. Because YourAccom may have no control over such third party sites, services and/or materials, you acknowledge and agree that YourAccom is not responsible for the availability of such sites, services or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, Systems or materials on or available from such sites or resources. You further acknowledge and agree that YourAccom shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such content, advertising, systems or materials on or available from such sites or resources.

Changing these Terms of Use

Changes to this Service Agreement that we can make immediately

Please note that we may make some changes to these Terms without telling you first. We’ll only do this for changes that:

we consider to be to your advantage and do not increase the cost to you of providing the relevant Product or Service;
introduce new products or services; or
we are required to make in order to comply with any law or regulation, or the decision of a court or Relevant Regulator.

We’ll tell you about these changes within 30 days of the change happening.

Changes we can make after giving 60 days’ notice

We’ll give you at least 60 days’ notice before any change that might make you worse off, for example if we increase the costs of any Product or Service which we are providing to you.

We’ll explain the reason for the change and how it will affect you.

If you’re not happy with the change you can end these Terms and the Service Agreement.