Terms and Conditions
General Terms and Conditions
[last updated January 2018]
PLEASE READ THESE GENERAL TERMS AND CONDITIONS AND THE RELATED DOCUMENTS REFERRED TO BELOW.
YOUR ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSES 4 AND 5 (USER UNDERTAKINGS), CLAUSE 18 (INDEMNITY), CLAUSE 13 (LIMITATIONS AND EXCLUSIONS FROM LIABILITY) AND CLAUSE 23 (SPECIFIC CONDITIONS FOR USERS THAT ARE ADVERTISERS).
Please scroll to the end for the Definitions in clause 24 for key words and phrases used in these GTCs.
1.1 This Site https//:www.perfectproperty.ie is operated by Summers Property Limited, a Limited liability company, registered in the Republic of Ireland (company registration number 589557and having its registered office at 1st Floor, 9 Exchange Place, I.F.S.C., Dublin 1, Ireland.
1.2 References in these Conditions of Use to “we”, “us” or “Us” or “our” or “Operator” means Summers Property Limited trading as Perfect Property.
1.3 These General Terms and Conditions (“GTCs”) together with the related Privacy Statement www.perfectproperty.ie/privacy.html and Cookies Policy www.perfectproperty.ie/cookiespolicy.html govern all access and use of the Site and, its Services by all Users. A reference to “you” or “your” is a reference to a User of this Site.
1.4 By accessing the Site, you confirm that you have read, understood and agreed to be bound by these GTCs, the Privacy Statement and the Cookies Policy . If you do not wish to be bound by these GTCs , Privacy Statement or Cookies Policy you should not continue to access or use the Site and its Services. We recommend that you print and keep a copy of the GTCs, Privacy Statement and Cookies Policy.
1.5 These GTCs, the Privacy Statement and or the Cookies Policy may be updated (which includes amendment of any of them) from time to time. It remains your responsibility whenever you access the Site, to check these GTCs , the Privacy Statement and the Cookies Policy. If we update any of these documents, we will indicate the date the document was updated. Your continued use of the Site after the date any such update or updates become effective, constitutes your acceptance of the updated GTCs, Privacy Statement or Cookies Policy as the case may be. If you do not wish to accept the GTCs, the Privacy Statement and or the Cookies Policy, you should discontinue your use of the Site.
2. About us
2.1 To contact us, email email@example.com You can give us formal notice of any matter under these GTCs as set out in clause 15.
2.2 We are not an estate agent or the provider of a property service as defined in the Property Services (Regulation) At 2011. The details of the properties displayed on this Site are provided to us by third party estate agents, letting agents and private individuals and are provided for your information only.
2.3 We do not verify the property details provided to us and displayed on the Site and therefore make no warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at your own risk. We recommend that you check a property’s details with the advertising party, whether agent or private individual before making any decision in relation to the property or taking any action with regard to a property advertised on the Site.
2.4 Use of the Site for visitors is free, and the services provided by us through the Site are information society services only within the meaning of the eCommerce Directive 2000/31. However, if you wish to advertise on the Site, you must first register your information and you must pay the subscription fees as notified by us to you for allowing you to display details of a property or properties on the Site.
3. Our rights and Intellectual Property Rights
3.1 The Operator retains all right, ownership, and interest in the Intellectual Property Rights in the Site, the content on the Site, including the text, graphics codes and files underlying the Site (Materials). All rights are reserved. Nothing in these GTCs shall be construed to grant the User any rights, ownership or interest in the Site or the Materials save as expressly provided herein.
3.2 In respect of Content a User provides to the Site, the User grant the Operator the right to use the Content, display the Content on the Site and to adapt the Content, to combine the Content with other content, as the Operator may decide in order for the Operator to perform its obligations under these GTCs and in order for the Operator to provide the Operator’s Services to Users.
3.3 The words Property Perfect and any related mark or logo are proprietary marks of us. You undertake not to copy or use them without our prior written consent.
3.4 Subject to these GTCs, for Users who wish to advertise on the Site, the Operator will after a User has complied with the admittance and registration procedure as determined by the Operator from time to time;
3.4.1 grant access to that part of the Site as designated by the Operator in order for a User to (i) upload Content, modify Content and remove Content , (ii) display the price or price range for a property, (iii) and reply to User queries through the Site;
3.4.2 will host User Content and provide functionality through the Site whereby Users can search and locate a property that is advertised on the Site.
3.5 The Operator is entitled to remove Content at any time from the Site and discontinue the Services to the User concerned in any of the circumstances set out in clause 12.
3.6 Additionally, the Operator may (i) refer any discriminatory Content of a User to the Irish Human Rights and Equality Commission where deemed appropriate, and (ii) refer any Content which is in breach of these GTCs to the appropriate regulatory authority in Ireland and or the Gardai. A posting of a discriminatory advertisement on this Site by the User may constitute a repudiation of the GTCs and shall give the Operator authority to remove the Content, suspend or terminate access as provided in clause 12.
4. Undertakings and Warranties of the User
4.1 Each User who applies to register on the Site, represents and undertakes to the Operator:
Warranties about you
4.1.1 in the case of an individual, you are over 18 years of age, resident in the Republic of Ireland and you are accessing the Site from an Irish IP address, and that you are not a nominee for anyone else;
4.1.2. in the case of a company, that it is a duly incorporated limited liability company registered in the country of its registration having the registration number as provided to the Operator;
4.1.3 in the case of a company advertising on the Site, the company is an Irish registered company, having a current authorisation from the Property Services Registration Authority and that is has and will maintain any authorisation licence or permission required in Ireland for the advertising and sale of property;
4.1.4 in the case of a company advertising on the Site, not to use the Site for the purposes of delivering a property service as defined in the Property Services (Regulation) Act 2011;
4.1.5 you are not bankrupt or insolvent or the subject of any court judgement, nor are you on any sanctions or financial sanctions list;
Warranties about your account
4.1.6 create an account and register a User ID, a Password or change a User ID or Password when required by us. When you register with us or access the Site, you undertake to provide us with a
User ID and Password and ensure that each User ID and Password complies with these GTCs;
4.1.7 not to select or use as a User ID or domain name, the name of another person, or a name that another person has intellectual property rights in unless under licence from that other person or use as a domain name or User id, any name which is defamatory, offensive, vulgar obscene or in breach of any applicable law or code of practice;
4.1.8 to provide such information as we may require from time to time including without limitation, the correct name, registered office and place of business and registration number in the case of a company or home address (in the case of an individual), and correct email address;
4.1.9 to provide from time to time such evidence of identity, address or other information as required by Money Laundering legislation;
4.1.10 when prompted by the Operator, provide answers to security questions as specified by the Operator from time to time;
4.1.11 to (i) keep the Password (and any substitute or new Password), and each of the answers to each of the security questions confidential and secure at all times. (ii) not use or attempt to use another person’s account details without authorisation from us or to impersonate any person or entity. You are responsible for all information and activity on the Site and use of the Services by anyone using your Username and Password whether or not authorised by you;
4.1.12 that you will not allow any other person to use the Site and the Services under your name, nor will you in using the Services or the Site, pretend you are someone else;
4.1.13 to notify us immediately to firstname.lastname@example.org if you have forgotten your Password or if you believe your Password has been used without your permission;
4.1.14 to notify us immediately to email@example.com of any breach of security in respect of the Site or the Services or your systems or, of any loss, theft or unauthorised use of a Username, Password or security information;
4.1.15 when using the Site and the Services, that your use is secure and that your access to the Site is not left unattended unless you have fully exited the Site and that any Password or security information is not retrievable from the Site by others;
Warranties about using the Site
4.1.16 to accept these GTCs, the Privacy Statement, the Cookies Policy as and when required by the Site and your use of it;
4.1.17 in using the Site to comply with all applicable laws and regulations and any code of practice which is capable of applying to the User with respect to the User’s use of this Site;
4.1.18 at all times whilst its registration is subsisting on the Site, to act towards the Operator conscientiously and in good faith;
4.1.19 to comply fully with the Operator’s instructions related to accessing and using the Services and the Site;
4.1.20 not to adapt or circumvent the Site, the controls on it whether access related or otherwise nor attempt to access the Site other than by using the User ID, Password and answers to security questions and by following the instructions provided by the Site;
4.1.21 to use the Site, and the Services only for lawful purposes and in accordance with these GTCs;
4.1.22 not to use the Site, or the Site and or the Services in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
4.1.23 to be responsible for the accuracy and completeness of all items, material or information that you input into the Site;
4.1.24 not to introduce onto the Site any item, information or material which is confidential to others or which infringes the Intellectual Property Rights of any other person;
4.1.25 that any Content provided by you does not and will not contain nor links to any materials that is criminal, of a sexual nature, offensive, profane, hateful, threatening, harmful, defamatory, libellous, harassing, or discriminatory (whether based on race, ethnicity, religion, gender, sexual orientation, physical disability, or otherwise), graphically violent or solicitous or encouraging of any unlawful behaviour;
4.1.26 You also undertake not to link or attempt to link the Site with other Sites or services or use meta tags or other devices containing any reference to us in order to direct a person to any other Site or services;
4.1.27 The Site may automatically reference or link to third party sites. The Operator has no control over these sites or the content within them and the Operator does not endorse the content of any of them;
4.1.28 not to (i) use the Site in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way; or act in a way that could damage, disable, overburden, impair or compromise our systems, servers or security of interfere with other Users; or (ii) use automated scripts to collect information from or otherwise interact with the Site. or (iii) collect or harvest any information or data from the Site or our Materials or attempt to decipher any transmissions to or from the servers running the Site or (iv) act in any way act in a manner which breaches any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or
4.1.29 not to seek to damage, modify, obstruct access to, or interfere with the Site or Services or the functionality of the Site or Services in any way or take any action that imposes an unreasonable or disproportionately large load on the Site or the system on which the Website is hosted;
4.1.30 to take commercially reasonable steps to prevent the harming of the Content or Materials or breach of the Site’s security, by any virus, spyware or any other harmful programme;
4.1.31 not to use any robot, spyware or program, process or manual to monitor the operation of the Site, or to reproduce or access the Site or its contents or to solicit passwords or personal identifying information of others or to circumvent the controls on the Website or the Services;
4.1.32 not to make application to trademark any mark, words or whatever of which the words ‘Perfect Property’ are a component or not to oppose or challenge any trademark application of the Operator containing the words ‘Perfect Property’;
4.1.33 not to reproduce, copy, modify, adapt, transmit or distribute the Site or any of its contents or do or attempt any Extraction of the contents of the database underlying the Site;
4.1.34 to the extent the User collects and processes Customer personal data, the Users undertakes to do so strictly in compliance with the Data Protection Acts 1988 and 2003 as amended;
4.1.35 not to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
Warranties about property listings
4.1.36 not to represent at any time that any property advertised by a User on the Site is advertised or provided by the Operator;
4.1.37 to ensure at all times that prices for property advertised on the Site are accurate and up to date and will be the same as advertised by the User elsewhere;
4.1.38 Users are permitted to list their phone number and email address as part of the information uploading process, however that information must not be hyperlinked and shall not be given in such a way to lead the User away from the Site.
5. Additional Undertakings by the User
5.1 The User warrants and undertakes to the Operator that it has full power and authority to enter into and perform its obligations under these GTCs.
5.2 The User undertakes during the term of its access to the Site and for a further period of three years following the termination of access or suspension of access to the Site, to keep at its address as set out above, true, complete, separate and detailed records and books containing all data reasonably required to enable the Operator verify the User’s compliance with the GTCs and shall permit the Operator by its duly authorised representatives at all reasonable times by prior reasonable notice to inspect, audit and take copies of such records and shall give any written explanation which may be reasonably required by the first party in relation to them. If any such audit discloses that this undertaking is incorrect, this shall constitute a breach of these GTCs.
5.3 The User shall take all necessary steps to ensure that data or information belonging to a User which comes into its possession or control in the course of providing the User services is protected and kept confidential and in particular the User shall not:
5.3.1 use the data or information nor reproduce the data or information in whole or in part in any form except as may be required by these GTCs and in any event in accordance with the Data Protection Acts 1988 and 2003 as amended;
5.3.2 disclose the data or information to any third party or persons not authorised by the User to receive it, except with the prior written consent of the User; or
5.3.3 alter, delete, add to or otherwise interfere with the data or information save where expressly required to do so by the terms of these GTCs.
5.4 The User undertakes that complying with these GTCs will not cause it to be in breach of agreement with any other party to whom it is contracted. The User further undertakes that by entering into these GTCs it will not create a conflict between the obligations it undertakes in these GTCs and obligations it has undertaken to any other party.
5.5 The User warrants that it has and will maintain all necessary licences, consents, authorisations and permissions necessary for (i) the performance by the User of its obligations under these GTCs and (ii) the use of the Site and the Services and (iii) the performance of any obligations it undertakes to the Operator and each User or required by law or regulatory requirement or code of practice from time to time Without prejudice to the generality of the forgoing, a User shall not publish or, display or cause to be published or displayed on the Site, Content which indicates an intention to engage in discrimination, or might reasonably be understood as indicating such an intention.
5.6 The User warrants and represents that any material and/or content and/or trademark and/or more in general distinctive mark, tradename, claim, and used by the User on the Site (including any Content provided or uploaded for publication on the Site) complies with the applicable laws, both national and international and does not breach any third party industrial and/or intellectual property rights and/or (rights) of whatever nature;
5.7 The User warrants and represents that Content including a property advertised on the Site and the marketing of the Property on the Site comply with all applicable laws and regulatory requirements and codes of practice and additionally do not breach any third party industrial and/or intellectual property rights and/or (rights) of whatever nature. The User shall remain the only entity liable for any damage or adverse consequence which may occur to Operator in connection with the marketing of property by him or her or it on the Site and for this purpose agrees to indemnify and keep indemnified and hold the Operator harmless from any liability and/or claim and/or action brought by any third party in that respect.
6.1 The User undertakes at any time, not to provide to the Operator information which the User regards as confidential or is otherwise confidential.
6.2 The User shall keep strictly confidential and maintain as strictly Confidential, the Operator’s Confidential Information and shall not disclose such information to any person or entity other than its employees, who have a strict need to know in performing its obligations under these GTCs.
7. Registration and Scope of Service
The Site and the Site Services must be used by the User solely as provided in clauses 3 and clause 4 above and or in accordance with the instructions of the Operator. The User acknowledges and agrees that the Operator reserves the right to modify Site usage parameters and capabilities at its sole discretion.
8. Force Majeure
The Operator shall not be liable for any failure to perform or delay in performing any of its obligations under or pursuant to these GTCs, if such failure or delay is due to any cause whatsoever outside its reasonable control. Events outside the Operator’s control shall include without limitation, cyber attack, acts of god, any change to the law, order or regulation of a governmental supra national, regulatory body, any act of terrorism, insurrection or civil disorder, war or military operations, national or local emergency, acts or omissions of government or highway authority, industrial disputes of any kind, fire, flood, lightning, explosion, subsidence, inclement weather, acts or omissions of communications operators or service Users, acts or omissions of persons or bodies beyond the reasonable control of the Operator, failure or breakdown in communications not reasonably within the party’s control.
9. Fees and Tax
9.1 The User who is accepted for registration undertakes to pay by way of fees to the Operator the Operator such fees as notified by the Operator to the User from time to time.
9.2 To the extent required by law, the User shall pay value added tax at the rate required by law on the payments payable by the User to the Operator pursuant to these GTCs.
10. Changes to the Site and the GTCs
10.1 The User agrees to co-operate with any service provider providing services to the Operator, that the Operator may designate from time to time, in order for the Operator to perform its obligations to any User who is registered on the Site and or to continue to make the Site available.
10.2 The User acknowledges that the Operator shall be entitled at any time to (i) change the features and functionality of the Site including without limitation the Materials and the resulting Services as part of its ongoing development of the Site and (ii) to improve or update the Site in the case of (a) improvements or updates necessary to fix defects, bugs, malfunctioning or errors in the Site and/ or (b) to cure security vulnerabilities of the Site and or (c) the application of any new laws, regulations acts or order, request or determination of a regulatory authority.
10.3 The Operator does not warrant or represent access to and use of the Site will be free from errors and interruptions.
10.4 The Operator may amend these GTCs as set out at the outset of these GTCs.
11. Application of GTCs
These GTCs shall apply to any User who is granted access to the Site or any part of it and or to any User who uses the Site or any part of it.
12.1 The Operator shall be entitled at its option at any time without liability to suspend temporarily or terminate completely the User’s right to access and use the Site or any part of it and to remove any Content related to that User.
12.2 Without prejudice to the generality of clause 12.1 the Operator shall be entitled at its option at any time to suspend temporarily or terminate completely the User’s right to access and use the Site or any part of it (i) if the User is in breach of any provision of these GTCs by the User; or (ii) where there occurs in respect of the User an Insolvency Event; (iii) if the User’s and/or its personnel’s conduct brings or is likely to bring the Operator’s name, business or reputation into disrepute; or (iv) if the Operator receives a complaint relating to the actions or inactions of the User or any of its staff. On the occurrence of any right by the Operate to suspend or terminate User access, the Operator may remove any Content related to that User from the Site.
12.3 The Operator reserves the right at its sole discretion to suspend access to the Site (temporarily or permanently) on the occurrence of the following (each of the following shall be a 'Suspension Event'): (i) notified maintenance (ii) issue by any competent authority of an order which is binding on the Operator and which affects the Services provided by the Operator, (iii) if any events occur which would entitle the Operator to terminate or suspend access; (iv) the need for emergency maintenance (v) where required to do so, arising from any act, requirement or determination of a governmental or regulatory authority.
12.4 Any exercise by the Provider of its right pursuant to clause 12.1 or 12.2 (howsoever occasioned) shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision of these GTCs which is expressly or by implication intended to come into force or continue in force on or after that termination.
12.5 Any exercise by the User of its right pursuant to clause 12.4 (howsoever occasioned) shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision of this these GTCs which is expressly or by implication intended to come into force or continue in force on or after that termination.
12.6 On the exercise by the Operator of any of its rights under clause 12.1 or 12.2, the User undertakes to return or destroy at the Operator option, the Operator’s Confidential Information;
12.7 The User shall be entitled to terminate its use of the Site by either removing their account or, as an information lister, removing the information they have uploaded, provided that in such event, no refund shall be due to the User for any fees and VAT already paid to the Operator.
13. Limitations and Exclusions from Liability
13.1 The Operator does not endorse nor give any warranty or make any representation as to the accuracy, completeness, truth, legality or reliability of Content contained on the Sites or the manner in which the Content uploaded by the User is displayed. It is the User who is uploading the Content that takes sole responsibility to ensure the accuracy, completeness, truth, legality or reliability of Content uploaded onto the Sites.
13.2 All Users of the Site upload information entirely at their own risk and bear full responsibility for ensuring that they are fully compliant with all applicable laws and with all legal, regulatory and compliance standards as set out under any and all legislation, regulations and guidelines that apply to persons advertising real property. The Operator does not warrant that all regulatory and compliance standards that apply to persons or entities advertising property are met when placing or allowing Content to be displayed on the Site. Failure to comply with all applicable laws or these GTCs may result in deletions of material which you upload and/or complete banning.
13.3 Each User of the Site acknowledges to the Operator and each other User that his or her or its use of the Site is at his or her or its own discretion and risk and you agree to waive to the fullest extent permissible by law any right to bring any claim or action against the Operator for any loss, damage, costs or injury arising from such use.
13.4 Any term, condition, warranty, express or implied, under statute or common law which may be implied into or incorporated into these GTCs are excluded to the fullest extent permitted by law.
13.5 The Operator excludes liability to the User under these GTCs and whether arising in contract, tort, under statute or otherwise for any indirect or consequential loss. Indirect or consequential loss shall mean any loss of profit, loss of revenue or loss of data.
13.6 Notwithstanding any invalidity or unenforceability of these GTCs, the maximum liability of the Operator to the User in any calendar year or part thereof for any breach or series of breaches of these GTCs whether or not connected and whether arising in contract, tort or under statute, shall not exceed the sum of one thousand Euro (€1,000).
13.7 Nothing in these GTCs shall exclude or limit the liability of either party for death or personal injury resulting from its negligence.
14. Assignment of Rights and Obligations
14.1 The User agrees that no right, benefit or obligation of the User under these GTCs may be assigned, delegated, sub-contracted, mortgaged, charged or transferred by the User in whole or in part, without the prior written consent of the Operator.
14.2 The User agrees that the Operator may novate these GTCs ( ie transfer its rights and assigns its obligations), to any entity acquiring control of the Operator or of its assets.
15. Communications and Notices
15.1 Any notice required to be given under these GTCs shall be in writing and shall be delivered by hand or sent by registered post or recorded delivery post to the other party at its address as provide by one party to the other, or such other address as may have been notified by that party for such purpose.
15.2 A notice delivered by hand shall be deemed to have been received when delivered (or if delivery is not in business hours, at 9 am on the first business day following delivery). A correctly addressed notice sent by pre-paid first-class post or recorded delivery post shall be deemed to have been received at the time at which it would have been delivered in the normal course of post. A notice sent by fax shall be deemed to have been received at the time of transmission (as shown by the timed printout obtained by the sender).
15.3 Notwithstanding the foregoing, when the User accesses and or uses the Site or the Services or send emails to the Operator or the Operator emails the User, each party is communicating with the other party electronically. The User agrees that for all purposes of the use of the Site and the Services pursuant to these GTCs, that the Operator can communicate with the User electronically by email. The User agrees to the Operator communicating and or serving notices on it to the most recent email address that the User has provided to the Operator. The User agrees that all notices and communications that the Operator provides to the User electronically satisfy any legal requirement that such communications to be in writing.
The waiver by any party of a breach or default of any of the provisions of these GTCs by the other party, shall not be effective unless in writing signed by the party granting the waiver.
17.1 Notwithstanding that the whole or any part of any provision of these GTCs may prove to be illegal or unenforceable, the other provisions of these GTCs and the remainder (if any) of the provision in question shall continue in full force and effect. In relation to any illegal or unenforceable part of these GTCs the parties hereto agree to amend such part in such manner as may be requested from time to time by any of the parties hereto provided that such proposed amendment is legal and enforceable and to the maximum extent possible carries out the original intent of the parties in relation to that part.
17.2 If any part of these GTCs shall be held by any court of competent jurisdiction to be unenforceable against or by the Operator, such part shall be treated as being severable from the remainder of these GTCs and the parties shall procure (insofar as they have the power lawfully to do so) that the severable part is nevertheless put into or given effect in accordance with, or to the maximum extent possible in accordance with, the original intent of the parties hereto in relation to that part.
You agree to indemnify, defend and hold harmless the Operator, its officers, directors, employees, and other Users, from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from or caused by any breach by you or any person on your behalf accessing and/or using the Site.
19. Entire Agreement
These GTCs are the exclusive statement of agreement between the parties related to the subject matter hereof. They supersede all understandings and prior agreements, whether oral or written, between the parties in respect of the subject matter hereof.
20. Proper law
These GTCs and all claims whether contractual or non contractual, arising out of these GTCs, are governed by the laws of Ireland without regard to any conflict of laws provisions. The parties hereby consent to the exclusive jurisdiction of the courts of Ireland but nothing in these GTCs shall limit the Operator’s right to seek injunctive or other equitable relief at any time from any court of competent jurisdiction to prevent or restrain (a) an infringement of its Intellectual Property Rights; (b) the violation of any obligation of confidentiality under these GTCs and/or (c) any other breach (or attempted breach) of these GTCs.
21. Content Posted on the Site
21.1 If a User wishes to report any Content that it considers is in breach of an obligation in these GTCs or is otherwise objectionable, the User undertakes to notify the Operator at firstname.lastname@example.org and in that context identify the Content that they consider is objectionable. The User acknowledges that it will be asked to give your reasons where it requests any Content to be removed.
21.2. The Operator provides its support services during the Helpdesk hours. Any notifications received from Users outside of the aforementioned hours will only be addressed upon the re-opening of the support services.
22.1 If the User has a complaint in relation to us or anything on this Site, the User can write to us at email@example.com as soon as possible but within seven days of the date of the issue which gives rise to the complaint. In doing so, we would ask the User to provide us in writing with sufficient background information for us to verify the complaint and evaluate the complaint.
22.2 We will endeavour to respond to any complaint as quickly as possible. Our ability to respond will be dependent on the nature and complexity of the User’s complaint, the extent to which We can contact the User to get information on the complaint and the extent to which User needs to obtain information from a third party relevant to the complaint to frame a response. Subject to these GTCs we will make our best effort to find a satisfactory solution to the User’s complaint. However this shall not apply where the complaint is vexatious or where it is clearly unsubstantiated or malicious.
23. Specific conditions for Users that are advertisers
When seeking to advertise on the Site, the provisions of this clause apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
To advertise on the Site, you must register an account and pay the fee for your selected service, before you will have access to upload your information.
23.1 How Perfect Property works
- Chose a service package. Other than individual listings, service packages require a minimum 12 month subscription.
- Create your account.
- Upload a listing.
- Add new listings within your package limit, or change an existing listing, at any time.
- Upgrade your package at any time. No waiting.
23.2 Setting up your account . Please follow the onscreen prompts to register your account and subscribe for our Services. You may only subscribe using the methods set out on the Site. Each registration is an offer by you to buy the Services specified in the package you have chosen, subject to these GTCs. Please see your obligations below in this clause 23.
23.2.1 Service packages. We make available service packages from individual listings through to high volume listings. Payment of service fees secures access to our platform. If you fail to upload a listing, our fees will still apply.
23.2.2 Be careful when choosing whether you wish to open your account for a single listing, or with a package. If you select the incorrect package, you will be able to change your selection before completing payment. If you complete payment, you have notified us that you want the package selected before payment is made. You can upgrade or reduce your subscription as described below in this clause 23.
23.1.1 Adding the Perfect Room option to your listing. You may add the ‘Perfect Room’ option to your listing by checking the appropriate box in the listing process. Once we have received your order, we will review your listing and select the best photograph from those you have included in the listing, to apply a ‘Perfect Room’ effect to that photograph. If you have not uploaded a suitable photograph, we will notify you by email. Provided that an appropriate photograph is available, a photo realistic design using the base photograph will be uploaded to your listing within 48 hours of receipt of your order, and will include a watermark ‘Perfect Room’. We will notify you by email once the image has been uploaded. The Perfect Room option is available subject to the following limitations:
- choice of photograph remains our sole discretion, you will be notified if there are no appropriate images to choose from;
- choice of photo realistic design remains our sole discretion;
- no changes will be made to the photo realistic design applied;
- you indemnify us against any claim or liability arising as a result of any person relying upon the photo realistic image as a true representation of the property.
23.3 Problems with your account. If you have technical problems uploading a listing, please contact our Help Desk during normal business hours for assistance.
23.3.1 If we are unable to display your listing, you will receive an error on your account. Please check our help pages or contact firstname.lastname@example.org to remedy the problem.
23.3.1 You acknowledge and agree that we may in our absolute discretion and without cause (i) decide not to respond to any email or (ii) decide not to continue with the provision of the Services or any of them that we have agreed to provide.
23.3.2 Where we decide not to continue with the provision of the Services or any of them that we have agreed to provide, we shall notify you promptly of such decision ( but need not provide a reason for such a decision ) and no further subscription fee shall be payable to us.
23.4 Correcting input errors. Our platform allows you to login and amend your registration details and listings at any time. Please check your listing carefully before completing it. You are responsible for ensuring that your listings are complete and accurate.
23.5 Cancelling your account, changing your package or removing a listing
23.5.1 You can remove a listing from your account at any time. Subscription fees remain due and payable whether or not you have any active listings. You receive the benefit of our Services as soon as you establish an account, whether or not you have any active listings.
23.5.3 You can upgrade your subscription at any time by paying the subscription fee for additional Services.
23.5.4 You may reduce your subscription package or close your account at any time by making a request for addressed to email@example.com. We will reply by email to you to confirm we have received your request. Provided that your request for is received more than fourteen (14) business days prior to the next due date for payment of your subscription payment (to allow time for processing), your subscription will be reduced or cancelled (in accordance with your request).
- If you have requested reduced services, the next due debit from your card will be for the reduced amount.
- If you have requested cancellation, no further debit will be made from your card.
23.5.5 You will continue to have access to your account until the end of your billing period. Upon cancellation, declined payment, or at the end of your subscription period, all listings attached to your account will be removed from the Site and your access to your account will cease.
23.5.6 Where you are a consumer with an individual listing, you may under the Consumer Rights Regulations cancel your subscription if you notify us as set out in this 23.5. You cannot cancel your subscription part way through your billing period.
23.5.7 If you area consumer seeking an individual listing and believe you have made an error in selecting a package due to misunderstanding of the package benefits, please contact our Help Desk on firstname.lastname@example.org within 72 hours of setting up your account to request help in changing your account. The Help Desk is only available during normal business hours. Our Help Desk will assist you to set up the correct single listing account, for which you will be required to make payment, before cancelling your incorrect account and arranging to refund that fee. Please note that any data uploaded to your incorrect account will not be transferred to your new individual listing account. It will be your responsibility to upload your listing data again.
23.6 Subscription Fees - How to pay and refunds
23.6.1 Payment of your subscription fee is in advance. Once you pay us your subscription fee, you will have access to our platform to register your account and start uploading listings. If you do not pay the subscription fee for your chosen package, you will not be able to register your account or upload any listings. Your subscription fee is payable monthly, in the amount due for the package you have chosen. You undertake on each payment to pay VAT at the applicable rate as required by laws from time to time. Fees and VAT are non refundable.
23.6.2 Refunds No refunds are provided on subscription payments received. No partial refunds are provided for periods of less than your billing period. Payment of your subscription fee entitles you to access to our platform. It is your responsibility to make use of our platform. If you fail to upload a listing during your billing period, there will be no refunds.
23.6.3 You can pay your subscription using a debit card or credit card accepted by Stripe. Stripe is a secure third party online payment processing service for internet businesses that accepts all major cards. Find out more at https://stripe.com/.
23.6.4 You will receive notice from Stripe as soon as your payment is processed.
23.6.5 If your payment cannot be processed on the due date, Stripe will try again 2 days later. If that payment fails, your subscription will be cancelled, and you will no longer be able to access your account and your listings will no longer be visible on Perfect Property. If your account is cancelled, listing information will not be stored and will need to be uploaded again if you open a new account, and or seek to re-establish a closed account.
23.6.6 You must pay all amounts due for an order in full without any set-off, or counterclaim.
24.1 In these GTCs:
24.1.1 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
24.1.1 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
24.2 In these GTCs
Account means the account held by us in a User’s name and which holds the information submitted by the User when the User is required to register with Us and such application for registration is accepted by us in order for the Use the Site Services.
Consumer means a natural person who is acting for purposes which are outside the person’s trade, business, craft or profession.
Consumer Rights Regulations means the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013;
GTCs means the recitals, clauses 1 to 24 as amended from time to time in accordance with these GTCs.
Confidential Information means information of the Operator which is marked or designated Confidential or which by its nature should be reasonably be regarded as being confidential.
Content includes any and all materials, documents, records, research, photography, logos, designs relating to property in the Republic of Ireland provided by the User to the Operator or uploaded by the User to the Site in a format required by the Site software and or the Operator and for which a licence is granted by the User to the Operator under these GTCs.
Subscription Fees means the fees payable by the User to the Operator from time to time as notified by the Operator to the User though the User’s Account;
Insolvency Event means that an order is made or a resolution is passed for the liquidation, winding up or dissolution of a User, or if an individual, the User is declared bankrupt under the laws of any jurisdiction, or a liquidator, administrator, examiner, trustee or similar officer is appointed over all or any substantial part of the assets of the User or the User enters into or proposes any composition or arrangements with its creditors generally or anything analogous to the foregoing occurs in any applicable jurisdiction;
Intellectual Property Rights means for the purposes of these GTCs, trade marks, service marks, trade and business names, domain names, rights in designs, patents, copyrights, database rights, moral rights and rights in know how and other intellectual property rights in each case whether registered or unregistered and including applications for the grant of the foregoing and all rights or forms of protection having equivalent effect to any of the foregoing, which may subsist anywhere in the world;
Helpdesk means the email support service, which during the Helpdesk hours, provides such assistance to Users.
Helpdesk hours (accessible by email only) means 9 am to 5 pm Greenwich meantime during each working day of the year or at such other times and days as published by the Operator from time to time.
Materials mean any content on the Site or accessible through the Site or any software tools forming part of the Site, other than Content.
Money Laundering legislation: means the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 as amended by the .Criminal Justice Act 2013 (Amendment of Criminal Justice Money Laundering and Terrorist Financing Act 2010);
Page where applicable, means a webpage on the Site.
Services mean the Operator provided services being the provision of an online platform via the Website for the display of searchable advertisements for the sale or rental of properties in Ireland, and any additional functions or services provided to enhance the User experience.
User: means a visitor to the Site or any legal or natural person whose application to register on the Site, and to upload Content to the Site, is accepted by the Operator and who is granted those limited rights by the Operator and who undertakes those obligations to the Operator all as set out in these Agent GTCs;
Registration procedure this is the procedure designated as such by the Operator and which the User must comply with in order to register on the Site and upload Content to the Site.
Security questions means the questions which the User may be asked by the Helpdesk, if the Helpdesk wishes to verify the identity of the User, the answers to which would have been provided by Customer when registering for the Services. Please note such calls may be recorded by the Operator.
Website or Site means https://www.perfectproperty.ie.