Conditions of use and sale

TERMS OF WEBSITE USE
 
This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.tycoonsystem.com (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.
 
INFORMATION ABOUT US
 
www.tycoonsystem.com is a site operated by Vadesha Properties Ltd. (“We”). We are registered in England and Wales under company number 4687596 and have our registered office at4 Hatherleigh Road, Leicester, LE5 5NR, England. Our main trading address is4 Hatherleigh Road, Leicester, LE5 5NR, England. Our VAT number is 8413378. We are a limited company.
 
ACCESSING OUR SITE
 
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if, in our opinion, you have failed to comply with any of the provisions of these terms of use.
When using our site, you must comply with the provisions of our terms of use.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
 
INTELLECTUAL PROPERTY RIGHTS
 
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page( s ) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
 
RELIANCE ON INFORMATION POSTED
 
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
 
OUR SITE CHANGES REGULARLY
 
We aim to update our site regularly and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
 
OUR LIABILITY
 
The material displayed on our site and or links to other service/information/product and service websites without limitations is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we [other members of our group of companies] and third parties connected to us hereby expressly exclude:
 

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill;
  • wasted management or office time; and
  • for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. 

 
 
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
 
Content Posted on the Site and Prohibited Content.
 

  • The information that you supply to the tycoonsystem.com and post on the Website must be accurate and conform to reality.
  • Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in these terms of use. You warrant that any such contribution does comply with those standards and you indemnify us for any breach of that warranty.
  • Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
  • We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
  • We have the right to remove any material or posting you make on our site, if, in our opinion, such material does not comply with the content standards set out in these terms of use.
  • Tycoonsystem.com may review and delete any content, messages, that in the reasonable judgment of tycoonsystem.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of members. 
  •  
  • You are solely responsible for the Content that you publish, submit, post or display (hereinafter, “post”) on the Service, or transmit to other members via the Service. You represent and warrant that at any time of posting the Content is (a) accurate, (b) not in breach of this Agreement, and (c) not harmful to any person in any way.
  • By posting Content to any public area of Tycoonsystem.com, you automatically grant, and you represent and warrant that you have the right to grant, to Tycoonsystem.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide licence to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorise sub-licences of the foregoing.
  • The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Tycoonsystem.com reserves the right to amend this list at any time and to investigate and take appropriate legal action it its sole discretion against anyone who violates this provision, including, without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:
  • is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • involves the transmission of “junk mail”, or “chain letters”, or unsolicited mass mailing or “spamming”;
  • promotes information that you know is false, misleading or promotes illegal activities or promotes conduct, or that is abusive, threatening, obscene, defamatory or libellous;
  •  
  • promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
  • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
  • You mustuse the Service in a manner consistent with any and all applicable laws, regulations and codes of conduct.
  • Although Tycoonsystem.com cannot monitor the conduct of its members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent. In order to protect our members from such advertising or solicitation, Tycoonsystem.com reserves the right to restrict the number of emails which a member may send to other members in any 24-hour period to a number which Tycoonsystem.com deems appropriate in its reasonable discretion.
  • You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.
  • By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
  • We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
  • You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
  • You must not establish a link from any website that is not owned by you.
  • Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these terms of use.
  • If you wish to make any use of material on our site other than that set out above, please address your request by contacting us via Contact Us page. 
  • Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. 

 
ADVERTISER GUIDELINES
 
If you would like to promote a product or service to our members please read and follow the guidelines below before doing so. Thanks:
 
Here at the Property Tycoons Community we have invested six years of our time and energy to bring together the UK's largest group of property investors who specialise in finding and buying below market value properties using little or none of their own money. We have done this the hard way through speaking engagements at various national events, joint ventures with prominent property companies, email campaigns, telephone consulting, word of mouth and so on. We have invested over £500,000 of our own money to build and maintain a great relationship with our clients. As part of our continued commitments to our members we invest a further £45,000 per year on full time staff who take care of our members, answer their questions and help them to become more successful in property. As you will appreciate, this business is an investment we work hard to protect.
 
On very rare occasions advertisers join our site to try to piggyback off this well established relationship to build their own businesses by taking advantage of the implied endorsement. Rogue advertisers and spammers are also known to trawl Internet sites looking for people they can fleece. As with most things in life a very small percentage of the population cause all the hassle for everyone else. We have systems in place to try to prevent rogue advertisers and spammers who spam internet sites for the names and contact details of its members by offering a very attractive looking proposition to build their database but offer very little if any value back to the community. Some of these advertisers on other sites have then gone on to offer very expensive goods or services later down the line, not delivered on their promises and lost significant sums of money in the process. To learn more about this type of scam and other ingenious ways people have discovered to take people's money you may want to check out quatloos.com We are therefore very mindful of the people (whether established members or not) that we allow to advertise on our Internet site.
 
To help advertisers and members, we have created specific sections of the site for advertisers to advertise their products and services. For example, for the selling of leads or deals we have created specific sections. We do not allow advertising in the discussion areas of the site (advertising your product or service in your signature is allowed). We will also move any posts where we feel a thread has been purposefully created to create a discussion about an advertisers products or services - for example advertisers will sometimes register more than one account on a site to allow them to create a fake discussion about themselves. We spot these easily and quickly using our IP checking software and then move or delete these posts. If we feel that the value an advertiser is giving back to the site matches what they are taking out in the form of our clients patronage then we are usually happy with that win/win arrangement. Please note, the site administrators have sole discretion over what they feel is the amount and worth of the value an advertiser is giving to our community. If we feel there is a a significant imbalance then we will in the first instance ask an advertiser to give more value to the community through advice on the site and educational resources to help our members or to stop strenously and aggressively advertising products and services. In fact, this is by far the best way for an advertiser to generate business from our community - give valuable advice and help to the community first and our community members will reward our advertisers with continued business. If our suggestions and warnings are not adhered to then we may ask an advertiser to leave our community.
 
If an advertiser continues to aggressively advertise products and services without giving back to our community what they are taking out then we will cancel their account with us. Anybody attempting to return and continue advertising under a different username will have their activities reported to their credit card company and a post will be placed on our site to warn our members of the ethics and behaviour of that particular person. We strongly believe in an abundance mentality here at the Property Tycoons community. There is more than enough business to go around for all of us. We are very happy to have advertisers of quality products and services with us if we can put together a great package for our members. The interpretation and enforcement of these guidelines is entirely down to the administrators of the Property Tycoons community.
 
We would like to request would be members who might advertise their services in the general chat, introductions sites and using the Personal Messaging system to submit their link in the Directory. We will not encourage any direct or indirect marketing posts in inappropriate sections of the site or personal messages to members who have not specifically requested them. Please note that we hold the right to delete any or all marketing posts or advertising related personal messages if it goes against our User Agreement. Any members using the PM system to SPAM other members may have their account suspended.
 
PROHIBITED ACTIVITIES
 
Tycoonsystem.com reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service:
 

  • You will not impersonate any person or entity.
  •  
  • You will not “stalk” or otherwise harass any person.
  • You will not express or imply that any statements you make are endorsed by Tycoonsystem.com without our specific prior written consent.
  • You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
  • You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other intellectual property or proprietary information without obtaining the prior consent of the owner of such proprietary rights.
  • You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
  • You will not interfere with or disrupt the Services, or the site or the servers or networks connected to the Services or the site.
  • You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
  • You will not transmit or post any material which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of, or infringe the rights of, any third party in the UK or any other country in the world.
  • Except and only to the extent permitted under applicable law, you will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.

 
ACCOUNT SECURITY
 
You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process with the Service, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Tycoonsystem.com of any unauthorised use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Tycoonsystem.com will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have linked your Microsoft .Net Passport to your Tycoonsystem.com account.
 
CUSTOMER SERVICE
 
Tycoonsystem.com provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you may not be abusive, obscene, profane, offensive, sexist, threatening, harassing or racially offensive. If we feel that your behaviour towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees. For general customer services enquiries, please go to Contact Us page.
 
COPYRIGHT POLICY
 
You may not post, distribute, or reproduce in any way, any copyrighted material, trademarks, or other intellectual property or proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Administrator with the following information: an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, it’s agent or the law; a signed statement by you, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf. Tycoonsystem.com’s Copyright Agent for notice of claims of copyright infringement can be reached through our Contact Us page:
 
MEMBER DISPUTES
 
You are solely responsible for your interactions with other Tycoonsystem.com Members. Tycoonsystem.com reserves the right, but has no obligation, to monitor disputes between you and other members.
 
SERVICE ACCESS
 
While Tycoonsystem.com endeavours to ensure that this Website is normally available 24 hours a day, we do not guarantee that it will be uninterrupted or error free.
Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
 
DISCLAIMERS
 
The material at this Website is provided as is, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Tycoonsystem.com provides you with this Website on the basis that Tycoonsystem.com excludes all representations, warranties, conditions and other terms (including, without limitation, the representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonably care and skill) which, but for this legal notice, might have effect in relation to this Website.
 
The Tycoonsystem.com Directory is simply a list of professionals or businesses, and Tycoonsystem.com does not recommends or guarantees the quality of service you might expect from any of the professionals or businesses listed. Whether the listing is free or paid, no recommendations are expressed or implied by Tycoonsystem.com, regarding the quality of services provided.
 
We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Service by us, our partners or any member or any other person or entity. You acknowledge that any reliance upon such opinion, member portrait, advice, statement or information is at your own risk. We are not responsible for the conduct, whether online or offline, of our members. Please use caution and common sense when using the Website and the Service. THIS LEGAL NOTICE AND THE FOREGOING DISCLAIMERS ARE WITHOUT PREJUDICE TO ANY MANDATORY LEGAL RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW INCLUDING YOUR STATUTORY RIGHTS AS A CONSUMER.
 
LIMITATION ON LIABILITY
 
Nothing in this legal notice shall exclude or limit Tycoonsystem.com’s liability for 
 

  • death or personal injury caused by negligence [(as such term is defined by the Unfair Contract Terms Act 1977)]; 
  • fraud; 
  • misrepresentation as to a fundamental matter; or 
  • any liability which cannot be excluded or limited under applicable law.

 
Subject to the foregoing, Tycoonsystem.com, and any of Tycoonsystem.com’s group companies, will not be liable or responsible to you or any third person for any amount or kind of loss or damage that may result (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption of any type, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Service or this Website in any way or in connection with the use, inability to use or the results of use of this Website.
Subject to the foregoing, Tycoonsystem.com’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Tycoonsystem.com for the Service during the term of membership.
 
MODIFICATIONS TO THIS AGREEMENT
 
We may alter or amend our terms and conditions upon giving reasonable notice in advance of such amendment taking effect. If, upon receiving any notice, you do not wish to continue with the Service, you may terminate the contract upon giving us notice, such notice to take effect upon the earlier of our receipt of your notice or the date upon which the amended terms and conditions would otherwise have taken effect. You will be deemed to have accepted any alteration and/or amendment if you continue to use the Service after the relevant period of notice has expired.
 
RELEASE
 
In the event that you have any claim or action against any other member arising from that member’s use of our Website or the Service, you agree to pursue such claim or action independently of, and without any demands from us, and you release us from all claims, liability and damages, arising from or in any way connected to the claim or action.
In the event that a claim or action is brought against us from our activities or use of the Website or the Service, including any breach by you of this agreement or any charges or complaints made by other parties against you, you agree to pay, hold harmless and defend us in the claim or action. You also agree to co-operate as fully as reasonably required in the defence of any claim and allow us to assume the exclusive defence and control of the matter.
 
SEVERANCE
 
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
 
ASSIGNMENT
 
Tycoonsystem.com may and you may not, assign, convey, subcontract or delegate rights, duties or obligations hereunder.
 
RELATIONSHIP
 
You agree that no joint venture, partnership, employment or agency relationship exists between you and Tycoonsystem.com as a result of this agreement or use of this Website.
 
DISPUTES
 
If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of England and Wales without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the courts of London, United Kingdom.
 
OTHER
 
This Agreement, accepted upon use of the Website and further affirmed by becoming a member of the Service, contains the entire agreement between you and Tycoonsystem.com regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
 
CONTACT INFORMATION
 
If you have any questions about the rights and restrictions above, please contact us through the Contact Us page.
 
Please contact us with any questions regarding this agreement. Tycoonsystem.com is a trademark of Vadesha Properties Ltd.
 
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
 
We process information about you in accordance with our privacy policy [http://www.tycoonsystem.com/privacy-policy]. By using our site, you consent to such processing and you warrant all data provided by you is accurate.
 
TRANSACTIONS CONCLUDED THROUGH OUR SITE
 
Contracts for the supply of [SERVICES and/or INFORMATION] formed through our site or as a result of visits made by you are governed by our terms and conditions of supply [http://www.tycoonsystem.com/terms.htm]
 
BILLING
 
Subscription plans to the Service consists of five (5) levels for which there is a monthly charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has a recurring payment factor and you accept responsibility for all recurring charges prior to cancellation and authorise Tycoonsystem.com to levy such charges. We will submit periodic charges monthly without further authorisation from you until you provide prior notice of thirty (30) days that you have terminated this authorisation or wish to change your payment method. Such notice will not affect charges submitted before we act to terminate your authorisation or change your payment method.
 
CURRENT INFORMATION REQUIRED
 
You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep you billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date) and you must promptly notify us if your payment method is cancelled, for instance, loss or theft, or if you become aware of a potential breach of security, such as the unauthorised disclosure or use of your user name or password. Changes to such information can be made on the Website. If you fail to provide us any of the foregoing information you agree that we may consider charging you for any use of the Service under your billing account unless you have terminated your subscription for the service (confirmed in writing upon request by us).
 
NON COMMERCIAL USE BY MEMBERS
 
The Website is for the personal use of individual members only and may not be used in connection with any commercial endeavours, organisations, companies and/or businesses may not become members and should not use the Service or the Website for any purpose. Illegal and/or unauthorised uses of the Website, including collecting user names and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorised framing of or linking to the Website will be investigated and appropriate legal action will be taken, including, without limitation, civil, criminal and injunctive redress.
 
PRIVACY STATEMENT
 
This statement explains how we may collect and use information about you through our Website. If you have any questions about our privacy policies, want to exercise your right to see a copy of the information that we hold about you, or think that information we hold about you may be connected, please email through Contact Us page.
 
JURISDICTION AND APPLICABLE LAW
 
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site [although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country]. These terms of use are governed by English law.
 
VARIATIONS
 
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
 
YOUR CONCERNS
 
If you have any concerns about material which appears on our site, please get in touch through our Contact Us page. 
 
Thank you for visiting our website.
 

GOLD MEMBERSHIP
 
 
Our continuing obligations

We shall subject compliance by you with the terms of this agreement throughout the Term and any renewal or continuation thereof:

Permit you to carry on your Business using the System (Your Deals Detective);
Continue its research and development so as continually to improve the System; and

Per the terms of this Agreement, we shall use commercially reasonable efforts to supply you with Leads. We shall submit, via email any Leads generated pursuant to this Agreement to you after verifying such Leads in accordance with applicable Company standards and internal processes.

A “Lead” shall be the contact information for a potential Seller (whether or not such potential Seller sells their property). we shall use commercially reasonable efforts to include the following information for each Lead: address, contact information, and any other information provided by we in its sole discretion based on the property type or the Filtering Criteria (as defined below), as of the time such information is supplied and submitted to we by the potential Seller.

Filtering Criteria:

Leads shall be filtered based on the following you filtering criteria as a minimum:

Price

Geographical Location

Lead Types

YOUR OPERATING OBLIGATIONS

In order to maintain the highest standard of service, you shall during the Term and any renewal or continuation thereof:

Carry on your Business to the highest standards of service;
Not do anything which may bring the Business or your Business into disrepute or may have a detrimental effect on the Business or your Business;
Comply with all statutes, byelaws and other legal requirements relating to your Business and obtain (and maintain) all licences, consents and approvals that may be required.

You represent and warrant that it has full power, right and Authority to enter into and carry out its obligations and grant the rights and licenses under this Agreement and that this Agreement constitutes a valid and binding obligation of you, enforceable against you in accordance with its terms.

You shall ensure that all Leads (and all corresponding underlying Lead information) provided hereunder are used, contacted (via direct mail, email or telephone), maintained and accessed by you and/or your affiliates in compliance with applicable law, including without limitation, the Telephone Preference Service (as amended) and the CAN-SPAM Act of 2003.

You represents and warrants that it has all applicable licenses, applicable insurance, certifications and accreditation, required to perform the work intended for the Leads.

You shall bear the obligation to make all filings and obtain and maintain any and all necessary and/or applicable governmental approvals or licenses relating to your business and for the use of the Leads in all such jurisdictions.

You agree to defend and indemnify us against, and hold us harmless from, any loss, claim, cost, judgement, liability or expense, including court costs and reasonable fees of lawyers and other professionals, arising out of or in connection with any third party Claim arising from (1) a breach of this Terms by you or (2) any activity taking place once the Leads has been delivered (including, without limitation, advice given, due diligence, activities related to viewing the property, and building work) performed by you, its agents, employees, subsidiaries and/or affiliates for any Lead provided by us.