Terms of service
1. INTRODUCTION
www.saleagreed.ie is a site (“Site”) operated by Xestra Asset Management Limited (“we”, “us” or “our”). We are registered in Ireland under company number 514184 and have our registered office at 11 Hume Street, Dublin 2. Our VAT number is 9835251L. We are not estate agents, valuers or auctioneers.
2. ACCEPTANCE OF TERMS
2.1 By using our Site, you confirm that you accept these Terms of Use and that agree to comply with them.
2.2 If you do not agree to these terms, you must not use our Site.
2.3 We recommend that you print a copy of these terms for future reference.
3. ADDITIONAL POLICIES
3.1 These Terms of Use refer to the following additional terms, which also apply to your use of our Site:
3.1.1 Our Privacy Policy. See further under How we may use your personal information.
3.1.2 Our Cookie Policy, which sets out information about the cookies on our Site.
4. VARIATIONS TO THESE TERMS OF USE AND SITE
4.1 We amend these Terms of Use from time to time.
4.2 Every time you wish to use our Site, please check these Terms of Use to ensure you understand the terms that apply at that time.
4.3 We may update and change our Site from time to time to reflect changes to our services and our users’ needs.
5. SALE OF YOUR PROPERTY TO US
The timelines outlined on our website are based on all legal documents being provided by your solicitor on a timely manner.
5.1 Submitting details of your property
Please follow the onscreen prompts to place submit details of your property. You may only submit your property details using the method set out on the Site. By submitting details of your property, you warrant and represent that you are the sole legal and beneficial owner of the property.
5.2 Acknowledging receipt of property details
After you upload your property details to the Site, you will receive an email from us acknowledging that we have received them, but please note that this does not constitute an offer to purchase your property.
5.3 Non-binding offer
Subject to a physical inspection by us or our agent or subcontractor, we may issue you a non-binding indicative offer (“Non-Binding Offer”), in substantially the same form as is set out in Schedule 1 hereto, which sets out the terms on which we would be willing to purchase your property from you including details of the purchase price, subject to completion of a physical inspection and legal due diligence. The Non-Binding Offer is not legally binding and we reserve the right to withdraw this offer at any time for any reason.
5.4 If we cannot purchase your property
If we are unable to purchase your property for any reason, we will inform you of this by email.
5.5 Acceptance of the Non-Binding Offer
If you choose to accept the terms of our Non-Binding Offer, please confirm your acceptance by signing and returning the Non-Binding Offer to us.
5.6 Physical inspection
By accepting our Non-Binding Offer, you agree to make your property available to us or our agent or subcontractor for a physical inspection on receipt of reasonable notice.
5.7 Legal due diligence and investigation of title
Our Non-Binding Offer will be subject to the completion of satisfactory legal due diligence and investigation of the title to your property. By accepting our Non-Binding Offer, you agree to provide us all documentation and information reasonably required by us to investigate the title to your property.
5.8 Sale of property
5.8.1 On the satisfactory completion of a physical inspection of your property, legal due diligence and investigation of title, we may confirm to you that we are willing to purchase your property on the terms set out in the Non-Binding Offer or on such other terms as we may confirm in writing to you. We will issue a written contract for the sale of your property to you or your appointed legal advisor. Please note that there is no contract for the sale of your property between us until such point as we have a signed written contract between us.
5.9 Encumbrances and third party dealings
5.9.1 You acknowledge that any Encumbrance affecting your property may significantly the process of selling your property to us in accordance with these Terms of Use. “Encumbrance” means a mortgage, charge, assignment, pledge, lien, encumbrance or other security interest securing any obligation of any person or any other agreement or arrangement having a similar effect.
5.9.2 You further acknowledge that it may be necessary for us to engage with third parties such as, but not limited to, solicitors, estate agents and charge holders which may significantly the delay the process of selling your property to us. While we will endeavour to minimise delays within our control, we make no warranty or representation to you in respect of the speed of the sales process in accordance with these Terms of Use.
6. USE OF MATERIAL ON SITE
6.1 We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it.
6.2 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 use and you may draw the attention of others within your organisation to content posted on our Site.
6.3 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 content on our Site must always be acknowledged. You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
6.4 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.
7. INFORMATION ON THIS SITE
7.1 The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely.
7.2 You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
7.3 Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
8. SUSPENSION OR WITHDRAWAL OF SITE
8.1 Our Site is made available free of charge.
8.2 We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons.
8.3 You are responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
9. USE OF PERSONAL INFORMATION
We will only use your personal information as set out in our privacy policy.
10. ACCESS TO AND USE OF THE SITE
We will only use your personal information as set out in our privacy policy.
11. USER SUBMISSIONS
11.1 Whenever you make use of a feature that allows you to upload content to our Site, you must comply with these Terms of Use.
11.2 You warrant that any such contribution does comply with these Terms of Use and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
11.3 Any content you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.
11.4 The rights you license to us are described in clause 13 of these Terms of Use.
11.5 You may use our Site only for lawful purposes. You may not use our Site:
11.5.1 In any way that breaches any applicable local, national or international law or regulation.
11.5.2 In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
11.5.3 To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
11.5.4 To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
11.5.5 To impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you; or
11.5.6 To collect or harvest any data about other users;
11.6 You also agree:
11.6.1 Not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of these Terms of Use;
11.6.2 Not to upload any content to this Site that contains any threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic content;
11.6.3. Not to access without authority, interfere with, damage or disrupt:
(a) any part of our Site;
(b) any equipment or network on which our Site is stored;
(c) any software used in the provision of our Site; or
(d) any equipment or network or software owned or used by any third party.
12. USE OF MATERIAL UPLOADED TO THE SITE
When you upload or post content to our Site, you to the owner of this Site, and to the users, partners and advertisers on this Site, a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the Site and across different media and to promote the Site and/or the service.
13. INDEMNITY
13.1 You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and/or all sums paid by us as a result of any settlement agreed by us arising out or in connection with your use of the Site or a breach by you of any of these Terms of Use, including but not limited to:
13.1.1 any claim by any third party that the use of this Site by you is defamatory, offensive or abusive, or of an obscene nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
13.1.2 any claim by any third party that the use of this Site by you infringes that third party’s copyright or other intellectual property rights of whatever nature; or any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of this Website by you.
14. LIMITATION LIABILITY
14.1 Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by law. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Site or any content on it, whether express or implied. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence) breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
14.1.1 Use of, or inability to use the Site.
14.1.2 Use of or reliance on any content displayed on our Site.
14.1.3 For any failure to perform (or delay in performing) any of our obligations hereunder caused by circumstances beyond our reasonable control.
14.2 If you are a business user, we exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our Site; or use of or reliance on any content displayed on our Site. In particular, we will not be liable for loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation or any indirect or consequential loss or damage.
14.3 If you are a consumer user, please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15. LINKS TO OUR SITE
15.1 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.
15.2 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.
15.3 You must not establish a link to our Site in any website that is not owned by you.
15.4 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.
16. LINKS FROM THIS SITE
Where our Site contains links to other Sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those Sites or resources.
17. VIRUSES
17.1 We do not guarantee that our Site will be secure or free from bugs or viruses.
17.2 You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.
17.3 You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.
17.4 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.
17.5 You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack.
18. TRANSFER OF THESE TERMS OF USE
We may transfer our rights and obligations under these Terms of Use to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. You will be notified in the event of any such transfer and you will be afforded an opportunity to opt-out if you so desire.
19. GOVERNING LAW AND JURISDICTION
If you are a consumer, please note that these Terms of Use, their subject matter and their formation, are governed by Irish law. You and we both agree that the courts of Ireland will have exclusive jurisdiction.
20. WAIVER
No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.
21. SERVERABILITY
If any provision of these Terms of Use are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.