Terms of Use and Privacy Policy

Last updated: 31st July 2016

Definitions

In these Terms of Use:

• “The Company” (and “we”, “us” and “our”) means PMBK (see our details below);
• “The Site” means the Company’s website with the URL http://pmbk.co.uk/(or any other such website as the Company may from time to time provides its services through); and
• “you” (and “your”) means a user of this website.

Important information about these Terms of Use

These Terms of Use set out important information and conditions regarding your use of the Site which apply whenever you access, browse and use the Site. These Terms of Use apply to both individuals, and legal entities (such as property agents providing information and data to the Company for use on the Site).

We intend to rely on these Terms of Use and it is our intention that you will be legally bound by them when you use and/or submit details through this Site. Your registration with and use of the Site does not confer any liability or responsibility on the Company. The status of any individual or entity as listed Agency on this Site does not constitute or represent any form of prior approval or vetting by the Company, or constitutes any guarantee as to their identity or performance.

Please read these Terms of Use carefully.  By accessing, browsing and using our Site, you accept these Terms of Use. If you do not wish to accept them, you must not continue to use our Site.

1. Changes to these Terms of Use
   1. We may, at our absolute discretion, update these Terms of Use without notice, for example to comply with changes in the law or to take account of changes to our Site. You are responsible for checking the existence of any such changes by reading the latest version from time to time when you access the Site to ensure you are aware of any changes. Whether you have checked for such changes or not, your use of this Site after such changes are posted constitutes acceptance of the amended terms of use.
2. About Us
   1.  This Site is operated by the Company. Its office is 5 Garden Close, Arkley, Herts, EN5 3EW.
   2. For all customer service enquiries, you can contact us by e-mail on info@pmbk.co.uk
3. Ownership
   1. This Site contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. It is protected by intellectual property laws including, but not limited to, copyright.
   2. Any trademarks that may be reproduced in the Site and which are not the property of, or licensed to us, are acknowledged as such on the Site.
4.  Your Use of the Site
   1. The re-distribution, re-publication, or otherwise making available of the material on this Site to third parties without our prior written consent is prohibited. Commercial use is not permitted.
   2. You must not use our Site in any way that causes loss to us, or which may cause, damage or disruption to the Site itself, the materials and data it contains, or the computer systems that host it, nor in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
   3. You must not use our Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger or other harmful computer software.
   4. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Site without our express written consent.
5.  Breaches of these Terms of Use
   1. If you seriously fail to comply with these Terms of Use or if we reasonably suspect that you have seriously failed to comply, we may:
      1. send you one or more formal written warnings;
      2. temporarily suspend your access to and, where appropriate, user registration with the Site;
      3. permanently prohibit you from accessing the Site (including blocking computers using your IP address from accessing the Site); and
      4. bring court proceedings against you for breach of contract or otherwise.
6. Disclaimers
   1. The information in this Site is given in good faith and for general information and does not constitute any form of advice or recommendation. It is subject to change without notice. Whilst we endeavour to ensure that the information on this Site is accurate and up to date we are not responsible for any inaccuracies and make no guarantees, warranties or representations as to its accuracy.
   2. We do not guarantee that this Site will be available all the time or at any specific time (e.g. if our computer systems used to provide the Site are under repair or maintenance or are otherwise unavailable).
   3. We do not guarantee that this Site will be compatible with all or any hardware and software which you may use.
   4. We take steps to try to ensure that this Site is free from computer viruses and other harmful computer programs. However, we cannot guarantee this due to the nature of the Internet. You are advised to use appropriate firewall and anti-virus software to protect your computer and data.
7. Linking
   1. From time to time this Site may contain links to other Sites. We accept no responsibility or liability for the content of other Sites which are not under our strict control. It is your responsibility to check the legal terms and privacy policy on any other Site which you visit. Any link is provided for your information and is not intended to be, nor should be construed as, an endorsement of any kind by us of that other Site.
8. Liability
   1. We are only liable to you for losses which you suffer as a result of a breach by us of these Terms of Use.
   2. These Terms of Use do not exclude the Company’s liability (if any) to you for personal injury or death resulting from our negligence, for fraud or for any matter which it would be illegal for us to exclude or to attempt to exclude our liability.
   3.  We are not responsible to you for any losses which you may incur which were not a foreseeable or obvious consequence of us breaching these Terms of Use. We will not be liable to you in respect of any losses arising out of any event or series of events beyond our reasonable control.
9. Provision of information through this site
   1. You acknowledge and accept sole responsibility, legal and otherwise, for the content of all material posted on or communicated through this Site by you or your employees, agents, sub-contractors, or any others that you permit to use this Site on your behalf.
10. Warranties
    1. By providing information and material to us using this Site, you:
       1. warrant, represent and undertake that you have the right to make the material available to the Company for the use of any users of this Site;
       2. warrant, represent and undertake that it is accurate to the best of your knowledge and does not infringe any law(s); and
       3. shall indemnify the Company and its officers, employees, agents and sub-contractors against all legal fees, damages and other expenses that may be incurred by those entities as a result of your breach of the above warranties, representations or undertakings.
11. Personal Information
    1. Where you choose to provide personal details to us, including where you register an account or online profile with us, we may collect the following personal information and other information as requested by us from you, or voluntarily submitted by you:
       1. your full name;
       2. your job title and business contact address, if you are an employee of an entity engaged in providing information or data to the Company for use on the Site;
       3. your address, fax number, telephone number(s) and e-mail address;
       4. the reason for your use of the Site, which may be: an enquiry, a customer service need, providing a comment, or registration as the contact person for a property agent providing information to the Company for use on the Site;
       5. your contact and marketing preferences;
    2. We do not collect any other personal information about you as an individual, unless:
       1. we have notified you of this in advance and the reasons for such collection;
       2. you choose to submit this voluntarily upon registration; or
       3. you have made an enquiry to us.
    3. We will use the information about you for the following purposes:
       1. to deal with your enquiry;
       2. for internal record keeping;
       3. where necessary as part of any restructuring of the Company part of its business;
       4. to provide you with marketing information you have requested.
    4. Any enquiry you make through the Site shall be received by the Company and may be passed on, where necessary to deal with your enquiry. The information may also be made available to selected third parties as we consider necessary for the purposes set out above and who properly need to know these details for their functions within the Company. Please note that the Company may need to transfer your personal information (for the reasons set out above) to external parties that are based outside of the European Economic Area.
    5. By using our Site, submitting your personal information to us and/or registering as a member, you consent to the use of your personal information as described in this section. We will keep your details on record until we have completed dealing with your enquiry and then for a reasonable period afterwards, in accordance with data protection and other applicable legislation.
    6. Please note that our ability to amend or delete your details may be subject to legal limitations e.g. we may be required to keep your details for audit purposes.
12. COOKIES
    1. We use cookies for certain areas of the Site. Cookies are files that store information on your hard drive or browser that mean that the Site can recognise that you have visited the Site before and which are used to facilitate access to the Site and to tailor your experience of the Site.  Please refer to the table below for further information about the types of cookies that we use on the Site.
    2. Most browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies.  You may delete or decline cookies by changing your browser settings.  (Click “Help” in the toolbar of most browsers for instructions or review the cookie management guide produced by the Interactive Advertising Bureau – www.allaboutcookies.org.)  If you do so, some of the features and services of the Site may not function properly. Your continued use of the Site will be treated as consent to the use of these cookies for the purposes described.
    3. Cookie Name	Expiration Period	Purpose
       OK	1 month from set/update	pop-up cookie policy
       _ga	2 years	Used to distinguish users
       _gat	10 minutes	Used to throttle request rate

       WordPress Table
13. GENERAL PROVISIONS
    1. The Company reserves the right to modify, withdraw, suspend or discontinue this Site or any functionality or feature on this Site at any time without notice, for instance to comply with changes in the law or to add new features. The Company will try as far as possible to ensure that any modifications do not reduce the quality of this Site. The Company is not liable to you in the event that all or any part of this Site is discontinued.
    2. The Company may transfer any of its rights or obligations arising under these Terms of Use at any time, providing such transfer does not adversely affect your rights under these Terms of Use. For example, such a transfer may occur if there is a future restructuring or transfer in ownership of the Company or its assets.
    3. The only language in which we provide these Terms of Use is English and all communications between you and the Company, will be conducted in the English language.
    4. Any communications we send to you will be sent to the most recent e-mail address or postal address provided to us by you. All personal information about you will be held in accordance with section 12 above.
    5. English law applies to these Terms of Use. If any disputes arise between you and us in relation to these Terms of Use and you want to take court proceedings, you must do so in the English courts unless you reside in Scotland, Wales or Northern Ireland, in which case you may do so in the courts of the country in which you reside.