The Website is owned and operated by PCG, a company limited by shares (trading as PCG Advisors), registered in England and Wales under company number: 08095747 and whose registered office is at Kings House, Home Park Estate, Station Road, Kings Langley, Hertfordshire, WD4 8LZ, United Kingdom.
The term “you” refers to any user of the Website. The term “your” shall be interpreted accordingly. Use of the Website includes accessing, browsing or registering to use the Website.
You may not use the Website or Service if you are below the age of 18 or if you are otherwise unable to form a legally binding contract. PCG may, in its sole discretion (and without being required to give a reason), refuse to offer the Service to any person or entity and change the eligibility criteria for access to the Website at any time. If you no longer meet the eligibility criteria for the Website your access may be suspended or terminated without notice or liability to you.
1. SUMMARY OF SERVICE
PCG sources rental ready properties in the USA and other territories which are available for purchase. PCG invites prospective sellers of such property to use the Website as a platform to advertise their property for sale. The majority of property featuring on the Website is exclusively advertised on the Website. PCG engages licensed brokers, management companies or other specialist third parties in the relevant territory to carry out an inspection of each property before it is presented on the Website. The purpose of the inspections is to verify that properties appearing on the Website (“PCG Properties”) are in a rentable condition and are not encumbered by outstanding debts, charges and/or liens. PCG provides information on the Website in relation to each PCG Property to help prospective buyers assess the potential merits of purchasing a PCG Property. Registered users of the Website are able to Reserve (as defined in the PCG Agreement) a PCG Property subject to the terms and conditions of the PCG Agreement (as defined below) while a formal offer to purchase is made. PCG assists buyers of PCG Property by introducing them to and/or engaging on their behalf, third party professionals and specialists in the relevant territory who are able to provide legal and/or banking and/or administrative services and other services related to the acquisition, management and sale of property.
2.1. You may be able to access parts of the Website without having to register any details with PCG. However, from time to time certain areas of the Website may be accessible only if you are a registered user.
2.3. PCG makes reasonable efforts to ensure that the Website is available 24 hours a day throughout each year, however, this is not guaranteed. The Website may be temporarily unavailable at any time because of: server or systems failure or other technical issues; reasons that are beyond the control of PCG; required updating, maintenance or repair or any decision taken by PCG to suspend the Website or any part of it. PCG may suspend, withdraw, discontinue or change all or any part of the Website without notice. PCG will not be liable to you if for any reason the Website is unavailable at any time or for any period or permanently.
2.4. Where possible PCG will try to give you advance warning of maintenance issues but shall not be obliged to do so.
3. RULES AND CONDUCT
3.1.1. breaches any Applicable Law;
3.1.2. is unlawful or fraudulent, or has unlawful or fraudulent purpose or effect;
3.1.3. is intended to harm or potentially harm any person;
3.1.4. constitutes unsolicited or unauthorised advertising or promotional material or any junk mail, spam, or chain letters.
3.3. Additionally, you shall not: (i) take any action that interferes with, damages or disrupts, or may interfere with, damage or disrupt (as determined by PCG in its sole discretion) any equipment or network or software or hardware owned or used by PCG or any third party; (ii) interfere or attempt to interfere with the proper working of the Website or Service; (iii) bypass any measures PCG may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); (iv) run Maillist, Listserv, or any form of auto-responder or “spam” on the Website; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website.
3.4. You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Website, except to the extent Applicable Laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Website; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.
3.5. Any Content which you add, create, upload, submit, distribute or post to the Website (“Submissions”) must:
3.5.1. be accurate (where it state facts);
3.5.2. be genuinely held (where they state opinions); and
3.5.3 comply with Applicable Law.
3.6. Content must not:
3.6.1. contain any material which is defamatory of any person;
3.6.2. contain any material which is obscene, offensive, hateful or inflammatory;
3.6.3. contain any sexually explicit material;
3.6.4. promote violence;
3.6.5. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
3.6.6. infringe any copyright, database right or trade mark of any other person;
3.6.7. be likely to deceive any person;
3.6.8. be made in breach of any legal duty owed to a third party;
3.6.9. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
3.6.10. be likely to harass, upset, embarrass, alarm or annoy any other person;
3.6.11. be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
3.6.12. give the impression that it emanates from PCG, if this is not the case.
3.7. When you give PCG Content you grant PCG a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers), licence to use, display, distribute and reproduce such Content in whole or in part in any media, including via our partners’ websites.
3.8. You warrant that all Content (including, but not limited to, photographs) provided by you is accurate and does not infringe the rights of any third party and you shall indemnify PCG and keep PCG indemnified against any claim against PCG by any third party in relation to any such infringement.
4. REGISTERING ON THIS WEBSITE
4.1. When registering on the Website you must choose a username and password. You are responsible for all actions taken by you or any third party when logged into the Website with your chosen username and password.
4.2. By registering on the Website you undertake:
4.2.1. that all the information you provide to PCG is true, accurate, current and complete in all respects;
4.2.2. to notify PCG immediately of any changes to the information provided on registration;
4.2.3. that you are 18 years old or over;
4.2.4. to only use the Website using your own username and password;
4.2.5. to keep your username and password safe and confidential and not disclose either to any person or permit any other person to use them;
4.2.6. to change your password immediately upon discovering or suspecting that it has been compromised and promptly notify PCG of the same;
4.3. You authorise PCG to transmit your name, address and other personal information supplied by you (included updated information) to third parties in order to obtain information about you from third parties so that PCG may authenticate your identity and eligibility to use the Website.
4.4. PCG reserves the right to refuse registration of, or cancel, a username and domain in its sole discretion.
4.5. Registering with PCG is free. However, PCG does charge registered users who enter into the PCG Agreement a fee for the supply of services in accordance with and subject to the terms and conditions of the PCG Agreement (“Service Fee”).
5. ROLE OF PCG
5.1. PCG helps facilitate the sale and purchase of PCG Property and provides Services in respect thereof. However, PCG is neither the buyer nor the seller of PCG Property. The contract formed at the completion of a sale of PCG Property is solely between the buyer and seller. PCG is not a party to this contract nor assumes any responsibility arising out of or in connection with it. The seller is responsible for the sale of the PCG Property and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller.
5.2. PCG is not liable for your interactions or dealings with any organisations and/or individuals (“Affiliates”) found on or through the Website or Service. PCG does not oversee, regulate or guarantee the performance and/or delivery of services which are offered or performed by Affiliates and are not responsible for any damage or loss incurred as a result of any dealings between you and Affiliates or any other third party. PCG is under no obligation to become involved in disputes between you and Affiliates or any third party. In the event of a dispute, you release PCG, PCG’s officers, employees, agents and successors from claims, damages and demands of any kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.
5.3. PCG shall not be liable for the actions of users of the Website (including but not limited to buyers and sellers of PCG Property). PCG reserves the right to remove a property posting from the Website for any reason.
6.1. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from PCG, or from the copyright holder identified in such Content’s copyright notice.
6.2. You shall not sell, license, rent, reverse engineer (save to the extent permitted by applicable law) any Content consisting of downloadable software or otherwise use or exploit any Content for commercial use or in any way that violates any third party rights.
6.3. Nothing you do on or in relation to the Website will transfer any Intellectual Property Rights to you.
6.4. PCG does not guarantee the authenticity or accuracy of any Content. You acknowledge that all Content accessed by you using the Website is accessed and relied upon at your own risk and you will be solely responsible for any damage or loss that you or any third party may suffer resulting from accessing or relying on Content.
6.5. You acknowledge that the Intellectual Property Rights in the Content shall remain with PCG or its licensors.
6.6. No licence is granted to you to use any of PCG’s trade marks.
7.1. It shall be your responsibility to ensure that any properties, services or information available through the Website meet your specific requirements.
7.2. PCG attempts to ensure that the information available on the Website is accurate. However, PCG does not guarantee the accuracy or completeness of material on the Website. PCG use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of them. PCG makes no commitment to ensure that such material is correct or up to date.
7.3. All drawings, images, descriptive matter and specifications on the Website are for the sole purpose of giving an approximate description for your general information only and should be used only as a guide.
7.5. PCG will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through the Website and PCG accepts no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website.
7.6. You must bear the risk associated with the use of the internet. In particular, PCG will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted on the Website or from any website linked to it.
8. SUSPENDING OR TERMINATING YOUR ACCESS
8.1. PCG reserves the right to terminate or suspend your access to the Website immediately and without notice to you if:
8.1.2. you are impersonating any other person or entity;
8.1.3. when requested by PCG to do so, you fail to provide PCG within a reasonable time with sufficient information to enable PCG to determine the accuracy and validity of any information supplied by you, or your identity;
8.1.4. PCG suspects you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website;
8.1.5. if PCG otherwise determines to withdraw your access to the Website.
9.1. You acknowledge that any review, feedback or rating which you leave may be published by PCG on the Website and you agree that it may be displayed for as long as PCG considers appropriate and that the Content may be syndicated to PCG publications or marketing materials.
9.3. You agree to indemnify and hold PCG harmless against any claim or action brought by third parties, arising out of or in connection with any review, feedback or rating posted by you on the Website, including, without limitation, the violation of their privacy, defamatory statements or infringement of Intellectual Property Rights.
9.4. You grant PCG a non-exclusive, royalty-free, worldwide license to use or edit any reviews posted by you.
9.5. PCG reserves the right to publish, edit or remove any reviews without notifying you.
10. LINKING TO THE WEBSITE
10.1. You must not create a link to the Website from another website, document or any other source without first obtaining PCG prior written consent and such consent if given may be subject to such conditions as PCG determines and such consent if given may be withdrawn at any time.
10.2. PCG have not reviewed sites linked to the Website and is not responsible for the content or accuracy of any off-Website pages or any other sites linked to the Website (including without limitation websites linked through advertisements or through any search engines).
11. PERSONAL DATA AND COOKIES
12.1. Where you are required to register with PCG, you may cancel such registration at any time by notifying PCG at email@example.com.
12.3. Following cancellation PCG may retain any information you submitted as part of the registration process, and any transaction information arising from your use of the Website and Service, for such period as may be required by Applicable Laws.
13. LIMITATION OF LIABILITY AND INDEMNITY
13.1.1. death or personal injury resulting from PCG’s negligence;
13.1.2. fraud or fraudulent misrepresentation; or
13.1.3. any other liability that cannot be excluded or limited by English law.
13.2.1. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings);
13.2.2. any loss of goodwill or reputation;
13.2.3. any consequential or indirect losses;
13.2.4. any loss of data;
13.2.5. wasted management or office time; or
13.2.6. any other loss or damage of any kind.
13.3. If you buy any goods or services from a third party seller or Affiliate through the Website, the seller’s or Affiliate’s individual liability will be set out in their own terms and conditions.
13.5 This clause 13 does not affect your statutory rights as a consumer.
14.2. All contracts are concluded and available in English only.
14.4. A waiver by PCG of any default shall not constitute a waiver of any other default.
15. GOVERNING LAW AND JURISDICTION
15.1. The Website is controlled and operated in the United Kingdom.
16.1. “Applicable Law” in relation to any person, action or thing means the following in relation to that person, action or thing
16.1.1. any law, rule or regulation of any country (or political sub-division of a country)
16.1.2. any obligation under any licence in any country (or political sub-division of a country); and
16.1.3. any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).
16.2. “Content” means videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works.
16.3. “Intellectual Property Rights” means copyright, trade marks, service marks, trade names and domain names, rights under licences, rights in get-up, rights in goodwill, patents, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights in each case whether or registered or unregistered.
16.4. “PCG Agreement” means an agreement for the supply of services and reservation of PCG Property entered into by PCG and a registered user of the Website.
© Copyright February 2015 Unauthorised use and/or duplication of this material without express and written permission from this website’s owner is strictly prohibited.