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YOUR CONTINUED USE OF THE SYSTEMS AND SERVICES NOW OR FOLLOWING THE POSTING OF ANY SUCH CHANGES WILL INDICATE YOUR ACCEPTANCE OF THESE TERMS AND OF ANY SUCH CHANGES.
What do words and phrases mean in these terms? ‘Account’ means your Account that we operate and you control within the YB platform. For the avoidance of doubt, this includes the area where you manage the process of a sale or purchase.
‘Complimentary’ means free of charge without financial consideration.
‘Content’ means all of the content, documents, information and matters on or in your Account or contained within the Website and or YB platform, whether through the Website and/or YB platform or uploaded manually.
‘Deferred Payment Date’ means the definition contained in the Service Agreement.
‘Products & Services’ means all and each of the products and/or services offered by YourBricks within the Website and YB platform.
‘Systems’ means the Website and Complimentary or subscribed access to the YB platform.
‘User’ means you or anyone who uses the Systems
‘Website’ means www.Yourbricks.ie including all systems, Software and processes hosted therein.
Acceptable use terms
There are rules and standards that you must abide by in connection with your use of the Systems. This is for the protection of all Users.
YourBricks has the right to enforce those guidelines as it deems appropriate in its sole discretion. This means that if you, or anyone using your Account, YourBricks password or identifying information, violate these Terms, YourBricks may take any and all actions from the issuance of a warning to terminating your right to use the Systems (without refund or part credit of any fees paid) to involvement of the appropriate authorities that YourBricks deems necessary or appropriate. YourBricks are not required to provide notice prior to terminate your right to use the Systems for violating these Terms, but it may choose to do so.
BY USING THE SYSTEMS, YOU AGREE TO WAIVE ANY CLAIMS YOU MAY HAVE AGAINST YOURBRICKS, AND TO HOLD YOURBRICKS HARMLESS AND INDEMNIFY YOURBRICKS WITH RESPECT TO ANY CLAIMS RELATING TO ANY ACTION TAKEN BY YOURBRICKS AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED OR THE WITHDRAWAL OF THE SYSTEMS WHETHER TEMPORARILY OR PERMANENT. THIS MEANS THAT YOU CANNOT SUE YOURBRICKS OR RECOVER ANY DAMAGES WHATSOEVER FROM YOURBRICKS AS A RESULT OF ITS DECISION 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 VIOLATION OR AS A RESULT OF YOURBRICKS’ CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
Disclaimer of Warranties; Liability Limitations
You expressly agree that your use of, or inability to use, the Systems is at your sole risk. The Systems are provided ’as-is‘ and ’as-available‘ for use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
In no case shall YourBricks, its 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.
Notices YourBricks may send you notices with respect to the Systems by sending an e-mail message to the email address listed in your YourBricks Account or by sending a letter via postal mail to the contact address listed in your YourBricks Account.
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 YourBricks.
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. YourBricks 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 YourBricks 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 YourBricks records in Ireland. If you do not consent to this transfer, do not accept these terms and conditions.
YourBricks does not guarantee or warrant that any photos, digital images, data or text (collectively, ’Content‘ for the purpose of this provision) will not be subject to inadvertent damage, corruption or destruction. If any Content is damaged, lost or corrupted in any way, YourBricks will have no obligation or liability to you. You are solely responsible for your use of the Systems, including all Content you generate or upload to YourBricks. YourBricks is not and will not be responsible for what is contained in any such Content.
Although YourBricks encourages you to use the Systems to express your creativity, YourBricks reserves the right to refuse to process any order or upload submitted by you containing Content that YourBricks, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise offensive, illegal, inappropriate or unacceptable, including any material YourBricks believes may cause any liability for it under any applicable law or regulation, or which may cause YourBricks to lose the Systems any suppliers provide as part of the Systems or in connection with fulfilling any order for Systems. In particular, YourBricks reserves the right to refuse to process orders or uploads containing Content which, in YourBricks sole opinion, contains expressions of abuse, offensive language or images, obscenity or pornography.
By submitting Content to YourBricks, 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 hereby grant YourBricks a worldwide, royalty-free, non-exclusive license to use the Content for the limited purpose of providing and processing the Systems.
Nothing in this Agreement shall be construed to convey to you any interest, title, or license in a YourBricks password, email address, domain name, or similar resource used by you in connection with the Systems or the Software.
In order to take advantage of the YB platform you will need to be registered on www.Yourbricks.ie.
You must provide accurate information about yourself and agree to our verification process. Once registration is complete we will open you an Account free of charge, which will give you access to the YB platform.
Access to the YB platform
Booking a free valuation
A free valuation is available with all of our Products and Services.
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, tortious, defamatory, libellous, 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 YourBricks employee, or , or otherwise misrepresent your affiliation with a person or entity (YourBricks reserves the right to reject or block any YourBricks 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, or any policies, requirements or regulations of 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 solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify YourBricks of any security breach; 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, YourBricks shall not be responsible for any losses arising out of the unauthorised use of your Account resulting from you not following these rules; YourBricks will never ask you to reveal your account password either verbally or in writing; 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 (without refund or part credit of fees paid). Removal of content You acknowledge that YourBricks is not responsible or liable in any way for any Content provided by others and has no duty to pre-screen such Content. However, YourBricks reserves the right at all times to determine whether Content is appropriate and in compliance with this Agreement, and may pre-screen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of this Agreement or is otherwise objectionable.
Access to your Account and Content
YourBricks reserves the right to take steps YourBricks believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You acknowledge and agree that YourBricks 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 YourBricks 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 YourBricks, 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 YourBricks deems necessary to enable them to provide the Systems. By agreeing to these Terms you agree and accept that such information can be disclosed.
Using your information
A prospective Purchaser is someone wishing to view a property, to make an offer to purchase or who agrees a sale. YourBricks will need to disclose the name, address and contact details of the prospective Purchaser to the Seller (and vice versa) in advance of a viewing or any subsequent viewing taking place at the Seller’s property. By participating in any of the above processes or services, you agree for your information to be disclosed.
YourBricks 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.
Information and data
Any information and or data provided by you to YourBricks and used by YourBricks 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 YourBricks on all media and in all documentation.
YourBricks shall take all reasonable precautions to preserve the integrity and prevent any corruption or loss, damage or destruction of this data and information.
YourBricks 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 YourBricks 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 YourBricks if it is of the view that to do so would be a breach of the Data Protection Act.
YourBricks 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 YourBricks 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 YourBricks obligations under the above clauses are met.
If you believe that any Content in which you claim copyright has been infringed by anyone using the Systems, please contact YourBricks at hello@Yourbricks.ie. YourBricks 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 hello@Yourbricks.ie.
License from you
YourBricks 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 YourBricks 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, YourBricks 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 YourBricks to take any such actions.
YourBricks, the YourBricks logo and other YourBricks trademarks, Systems marks, graphics, and logos used in connection with the Systems and Software are trademarks or registered trademarks of YourBricks, including the intellectual property rights of the YourBricks 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.
YourBricks proprietary rights
You acknowledge and agree that YourBricks 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 YourBricks
YourBricks grants you a personal, non-exclusive, non-transferable, limited license to use the Software as provided to you by YourBricks 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 YourBricks may have no control over such third party sites, services and/or materials, you acknowledge and agree that YourBricks 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 YourBricks 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.
This section gives you information about the terms upon which we agree to offer and provide you with our Products and Services.
If it is necessary to change the Services Agreement or add or remove any part at any time, we will post such changes on the Website. It is your responsibility to check the Website for any changes. You agree to be bound by such changes if you should continue to use the Products and Services.
‘Account’ means your Account that we operate and you control within the YB Platform. For the avoidance of doubt, this includes the area where you manage the process of a sale..
‘Advert’ means how your property is to be displayed in advertising and marketing which may include (subject to the nature of the Products and Services) photographs, descriptions, key features and floor plans.
‘Advertised Rates’ means the charges for the Products and Services as advertised by YourBricks from time to time.
‘Completion’ means the formal legal completion of the sale of your property.
‘Content’ means all of the content, documents, information and matters on or in your Account or contained within the Website and or YB Platform, whether through the Website and/or YB Platform or uploaded manually.
‘YB platform’ means the Systems provided to you in accordance with this this agreement to manage the Products and Services.
‘Instruct’ means taking advantage of the Products and Services having paid the Advertised Rates.
‘Interruption’ means any form of interruption to the ability of YourBricks to provide or operate the YB Platform, the Systems or Products and Services.
‘Pay Later Terms’ means these terms and conditions and the agreement you have entered into with the Provider that will be made available for you to read on the website at the time you choose to pay in this way.
‘Pay Later’ means where you have not chosen to Pay Now and have agreed to the Pay Later Terms when you Instruct YourBricks.
‘Pay Now’ means when you Instruct YourBricks and have not chosen to Pay Later.
‘Products and Services’ means all and each of the products and/or services offered from time to time by YourBricks within the Website and YB platform.
‘Systems’ means the Website and Complimentary or subscribed (following a payment) access to the YB platform.
‘Website’ means www.Yourbricks.ie including all systems, Software and processes hosted therein.
Instructing YourBricks to sell your property
Full details of the Products and Services and what is included and the price of each is detailed on the Website.
All owners of the Property
When you Instruct YourBricks you confirm that you do so with the knowledge, consent and agreement of each and all of the legal owners and occupiers and those who have an interest in the marketing and/or sale of the Property. Further, you confirm that you have all relevant authorities and authorisations as are necessary or required to enable you to take advantage of the Products and Services.
We will only charge you the Advertised Rates for the Products and Services. The Advertised Rates include VAT and are fixed. We reserve the right to make a charge for the costs charged by the credit card company to YourBricks.
Ways to pay
We may from time to time offer different methods of payment. You may be given the option to:
If you choose to Pay Now you will receive a credit/debit card invoice via PayPal and we will debit that amount from your card. If you choose to Pay Later we will provide you with the ability to do so subject to the Pay Later Terms. You will be required to make payment for the Products and Services taken by you on the Deferred Payment Date and otherwise in accordance with the Pay Later Terms.
If you believe you have been billed in error notify us immediately by emailing hello@Yourbricks.ie.
Cancellations and refunds
Once you have ordered Products and Services you will be charged immediately for the amount due by YourBricks whether you choose to Pay Now or Pay Later. Where you choose Pay Later you will not pay for the Products and Services until full payment is due in accordance with the Pay Later Terms.
Should you wish to cancel or withdraw any Products and Services you may do so at any time. However, under no circumstances will any full or part credit be made in respect of Advertised Rates.
You can withdraw your advert at any time by notifying us via the YB platform. In certain circumstances you may be able to re-list the property within a designated period after withdrawal. Details will be made available at the time of seeking to withdraw/relist your Advert.
Approving your advert
It is a legal requirement for you to have commissioned a BER before we are able to start the marketing of your property. It is your responsibility to ensure that you have a valid and up to date BER in place before your Advert goes live.
Advertising and Marketing
We will advertise and market your property Daft.ie and MyHome.ie. We may withdraw or no longer take advantage of the services of such property portals, websites or publications at our absolute discretion.
For Sale Signs
Where you instruct YourBricks to sell your property, we will arrange for one ‘For Sale’ sign to be erected free of charge (if included as part of the Products and Services). All subsequent signs will be charged at the Advertised Rates in force from time to time.
In terms of sales where we provide a complimentary ‘For Sale’ sign:
All signs shall belong to YourBricks although it is your responsibility to ensure they are safe and secure and preserved for collection once the property is sold or is withdrawn from the market; If we cannot collect a sign that we are able to use again we will charge you to replace the sign at the rates in force at that time.
Subject to Interruption viewings will be arranged and recorded through the YB platform. You will be notified immediately a viewing is booked. We will provide you with the name of the person(s) who wish to view together with the date and time.
If you take advantage of the viewings service offered by YourBricks, we will conduct all of your viewings for a fixed price as advertised from time to time. Under these circumstances, it is still your responsibility to ensure that the property is ready and prepared for the viewing, is in a safe condition and that YourBricks has access to the property at the date and time of the viewing.
In the event we have conducted a large number of viewings on your behalf and you have received regular feedback to suggest that the price of the property is too high, we will want to conduct a review to discuss the best way forward. We reserve the right to withdraw the viewings service at any time but only where we consider that it is unreasonable to expect YourBricks to continue to accompany viewings taking into account the number of viewings and the feedback received. However, there will be no full or part credit in respect of Advertised Rates under these circumstances.
KeysIf you take advantage of the viewings service offered by YourBricks you shall supply YourBricks with a set of keys for all lockable doors, cupboards and areas that form part of the property. We shall store these in a safe and secure locked cabinet.
Recording your viewing availabilitySubject to Interruption, if you have chosen to conduct your own viewings you may enter details into the YB platform of when you are available. This will enable people who want to view, to choose a date and time to suit them. You will be notified when a viewing is requested. The YB platform will ask that you confirm the viewing. It is your responsibility to do this immediately.
We will not permit anyone to arrange a viewing or see availability for viewings who has not registered and been subject of our verification procedure.
Subject to Interruption you will receive offers immediately as they are made via the YB platform. The nature, extent, position of the potential purchaser will be requested and provided to you automatically as the offer is made.
The information will always be made available exactly how it is provided by the potential purchaser or tenant through the YB platform.
You will get a choice whether to accept the offer or reject the offer.
We will provide you as far as reasonably practicable with advice and assistance once a sale is agreed in accordance with our Post Sale Charter. If you have chosen the Platinum package you will receive full assistance to closing.
Provision of personal information
We will always inform you as soon as we become aware of anyone making an offer for your property that is in any way connected with YourBricks; whether they are employed, a contractor, family member or providing services to us.
Before your Advert is published, YourBricks will ask you whether you are in any way connected with YourBricks; whether you are employed, a contractor, family member or providing services to us. This will be disclosed to all potential purchasers or tenants.
Third party companies
We will introduce to you, where we deem appropriate and or necessary, third party services such as mortgages, insurance, letting services and conveyancing but only where we reasonably believe that you require such services. The services being provided are in your best interests and the third party companies are capable and required to provide you with an exceptional service.
We may receive commission for introducing you but only when you agree to take advantage of such products or services. You may decide of your own free will and we will never require you to use such products or services.
Availability of the Products
Whilst we will make all reasonable efforts to ensure that the Products and Services are available at all times, YourBricks does not guarantee, represent or warrant that your access to any of the Products will be uninterrupted or error-free.
We will always make all reasonable efforts to ensure that all Content submitted by you to us will be secure. We cannot guarantee that the YB platform, Products and Services, the Systems or the Website will be free from loss, corruption, attack, viruses, ‘worms’, ‘trojan horses’ or other harmful components, or from interference, hacking or other security intrusions. You should be sure to back up your own system periodically to ensure that all Content available to you and located within your Account, is available to you in the event of any loss or damage as YourBricks reserves the right to remove or suspend all or any part of the Content, at any time in accordance with these terms.
All Advertised Rates applicable to Landlords and Tenants will be published on the Website and/or YB platform. It is your responsibility to make sure you read details in advance of instructing YourBricks.
Right of cancellation
YourBricks services are deemed to have been provided in their entirety where your Advert has been published.
NOTICE OF THE RIGHT TO CANCEL
Please note: In the event that we have made your advert live by advertising it on www.Yourbricks.ie, www.myhome.ie or www.daft.ie, we will for the purposes of the regulations have provided you an advertising service and as such you will not be entitled to a refund.