1. Who are we?
The Site is operated by ADVSR Ltd (“ADVSR”, ”We”). We are registered in England and Wales under company number 13453724 and have our registered office at 298 Regent’s Park Road, London, N3 2SZ.
Our vision is to build the world’s leading referral platform, to enable professional advisors across any vertical to collaborate, share clients, and secure the financial rewards of referring businesses around the globe.
You can contact us by using Email - firstname.lastname@example.org, or Online Contact Form.
ADVSR is not a property sales or lettings agency. ADVSR are the providers of the Site. It is our users (which include estate agents, commercial agents, lettings agents, landlords, new home developers, and other property professionals) that display property details for you to view.
2. Acceptance of these Terms
You may use the Site only if you can form a binding contract with ADVSR and are legally permitted to do so. By using the Site, you represent and warrant that you have the full right, power and authority to agree to and be bound by these Terms and to fully perform all of your obligations hereunder.
If you sign up for the Service on behalf of an organisation using an email address provided by your employer or another organisation, (i) you represent and warrant that you are an authorised representative of that entity with authority to bind that entity to these Terms; (ii) your use of the Service will bind that entity to these Terms; and (iii) “you” and “your” in these Terms will refer to both you and that entity.
3. Using the Site
a. Access to the Site: Subject to your compliance with these Terms, you are granted a non-exclusive, limited, non-transferable, freely revocable license to access and use the Site for business use. ADVSR reserves all rights not expressly granted under these Terms.
You must ensure that all usernames and passwords required to access the Service are kept secure and confidential.
You must immediately notify ADVSR of any unauthorised use of your passwords or any other breach of security and ADVSR will reset your password and you must take all other actions that the ADVSR reasonably deems necessary to maintain or enhance the security of ADVSR’s computing systems and networks and your access to the Services.
Each username and password combination may only be used by one person – a single login shared by multiple people is not permitted.
b. Acceptable Use Policy: Your use of the Site, must comply with ADVSR’s Acceptable Use Policy
c. Restrictions on Use of the Service: You shall not and shall ensure that the permitted Site users do not, unless expressly provided for elsewhere in this Agreement:
(i) copy, rent, lease, sell, transfer, assign, or sublicense, the Sire or any part of it;(ii) dissemble, reverse engineer or decompile, create a derivative work of, modify or alter the Site; (iii) seek to extract all or any part of the data, information or source code held in the Site; (iv) use the Site on behalf of, share the Site with, or permit the Site to be shared with, any third party, even as permitted under this Agreement; (v) attempt or provide a means to extract, cache or otherwise store any content other than for what would reasonably be regarded as normal use including for data backup; (vi) use the Site in any manner or for any purpose that violates any applicable law or regulation, or any right of any person including, but not limited to, intellectual property rights, or privacy rights.
4. Account Details
5. Use of the material on the Site
ADVSR is the owner or the licensee of all intellectual property rights in our Site and the material published on it. Those works are protected by certain copyright laws. All such rights are reserved. You may print off one copy and 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.
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 (except where the content is user-generated).
The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on our Site.
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.
7. Third-Party Links
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.
8. Third-Party Products
We may provide you with access to, be integrated with, or contain links or references to products, services, data, information, sites or other materials which are provided or operated by third parties (collectively, "Third Party Products"). Any exchange of data between you and any third-party provider of a Third-Party Product is solely between you and the applicable third-party provider.
By integrating with a Third-Party Product, you acknowledge and agree that: (i) Licensee Data may be shared with the third-party provider; and (ii) ADVSR shall not be held liable to and shall not accept any liability, obligation or responsibility whatsoever for any loss or damage in connection with the data we provide to such third parties. Any purchases made using these links (such as tickers, webinars etc.) shall be subject to the relevant supplier/provider’s terms and conditions.
9. User-Generated content
The Site includes information and materials uploaded by other users of the Site. Although we will use our reasonable endeavours to, this information and materials may not have been verified or by us. The views expressed by other users on our Site do not represent our views or values.
If you add any Content to the Site, you must ensure that it is accurate, not misleading and updated as needed. You must also remove the Content as soon as reasonably practicable if it becomes irrelevant or unavailable.
If you wish to complain about content uploaded by other users, please get in touch with us.
10. Uploading content to the Site
If you are a paid subscriber, you have the option to upload your own content (“User Content”) which you have full control and responsibility over.
Whenever you make use of a feature that allows you to upload content to our Site, or to contact other users of our Site, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, 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.
You represent and warrant that you own all rights, title, and interest in and to your User Content or that you have otherwise secured all necessary rights in your User Content as may be necessary to permit the access, use and distribution thereof as contemplated by these Terms. Any User Content 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 and other users of our Site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the Rights you are giving us to use material you upload below.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy. You are solely responsible for securing and backing up your content.
When you upload or post content to our Site, you grant us and other users the following rights to use that content a 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 website and across different media including to promote the Site or the service.
We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that 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.
12. Linking to our Site
You may link to our homepage, or any microsite that we share with you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
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 to our Site in 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 in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy. If you wish to link to or make any use of the content on our Site other than that set out above, please contact us.
ADVSR offers a free and paid Service. You can learn more about ADVSR’s subscription offerings here. Pricing may vary by location and will be based on the billing information you provide us at the time of purchase.
a. Subscription and Renewals: If you are subscribing to ADVSR, Your subscription will come into existence, upon acceptance by us of your Order as submitted via the Site, (“Initial Period”). Your subscription is an annual ongoing service, so your subscription will be renewed automatically on each anniversary of the Start Date, which will be the date of submission of your Order (“Renewal Date”), unless you terminate the services in accordance with these terms.
b. Taxes: Your subscription fees are inclusive of all taxes unless otherwise specified in an agreement with ADVSR, within the Service or on an applicable invoice. Tax rates are calculated based on the billing information you provide and the applicable tax rate at the time of your subscription charge.
c. Termination: You can terminate your subscription by giving us one month’s notice in writing prior to the end of the Initial Period or each subsequent year. For the avoidance of any doubt, no termination notice shall be effective mid-year, and should you wish to terminate before the end of each year, you will need to pay for the remainder of that year.
d. Payment: You will have an option to pay for your subscription upfront or monthly. If a payment is made up front for the year, you will receive a discount at our discretion. You will be expected to provide and keep your payment details up to date during the term of this Agreement to allow for the payment to be taken automatically either annually or monthly.
e. Free Trials and Pilots: ADVSR may offer you a free trial or pilot to allow you to try our Service. ADVSR reserves the right to set eligibility requirements and the duration for free trials and pilots.
At the end of your free trial, ADVSR will charge the relevant subscription fee for the next billing cycle to your nominated payment method, unless you cancel your subscription prior to the end of the free trial. If you have access to a pilot, your access to the Service will cease if you do not enter into a paid subscription prior to the end of the pilot period.
f. Changes to Pricing: ADVSR reserves the right to change its prices at any time. If you are on a subscription plan, changes to pricing will not apply until your next Renewal Date or thirty (30) days after notice, whichever is later.
14. Term and Termination
a. Term: These Terms shall take effect the first time you access the Service and shall continue in full force and effect until i) if you are a paid subscriber, the expiration or termination of your subscription; or ii) if you are using ADVSR’s free offering, when your account is deleted or terminated.
b. Violations: If ADVSR, in its sole discretion, determines that you or your use of the Service or your User Content violate these Terms, including but not limited to, ADVSR’s Acceptable Use Policy, or the Section entitled ‘Restrictions on Use of the Service, (any of which is considered a “Violation”) ADVSR may take one or more of the following actions in its sole discretion:
(i) delete the prohibited User Content; (ii) suspend your access to the Service; (iii) terminate and delete your account along with all User Content associated with that account; (iv) permanently ban you from using the Service; and/or (v) disclose the prohibited User Content to appropriate government authorities.
We may also end the Agreement at any time by writing to you if you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due.
c. Ceasing Supply: Notwithstanding the provisions above, we may end this Agreement for convenience by giving you written notice of at least 30 days. We will inform you in advance of our ceasing the supply of the services and will refund any sums you have paid in advance for the services which will not be provided.
d. Effect of Termination. In the event of termination of your subscription for cause due to default by ADVSR, ADVSR shall refund, on a prorated basis, any prepaid fees for the Service for the period beginning on the effective date of termination through the end of your then-current subscription.
We reserve the right to deny any requests from you if you repeatedly fail to honour the terms of this User Agreement or our policies and you will not have the right to receive a refund for the remainder of this Agreement. In the event of a termination of your subscription to a violation by you, you will not receive any refund and shall immediately pay any outstanding fees for the remaining period of your subscription.
Upon any expiration or termination of your Subscription, you must cease using the Service. You will lose access to User Content, and any other information uploaded to the Service (and we may delete all such data unless legally prohibited) after expiration or termination of Your Subscription. If your account has been terminated due to a Violation, you may not create a new account on any ADVSR Service unless you receive ADVSR’s written permission.
e. Survival of Terms. Sections titled “Term and Termination,” “Billing,” “Confidentiality,” “Liability,” and “Miscellaneous” inclusive, shall survive any expiration or termination of these Terms.
Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party or of any member of the group of companies to which the other party belongs for any purpose other than to perform its obligations under this agreement
Each party may disclose the other party's confidential information:
to its employees, officers, representatives or advisers who need to know such information for the purposes of carrying out the party's obligations under this agreement. Each party shall procure that its employees, officers, representatives or advisers to whom it discloses the other party's confidential information comply with this clause 13; and
as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
All documents and other records (in whatever form) containing confidential information supplied to or acquired by you from us shall be returned promptly to us on termination of this Agreement, and no copies shall be kept, whether digitally or otherwise.
16. Use of Personal Information
17. Aggregation of User Data.
We may aggregate the information you provide with similar information collected from other visitors to the Site or users of the Service in order to evaluate or enhance the Site or its Services. Specifically, we may aggregate data to determine the usage patterns or interests of visitors to the Site or users of the Service, or for purposes related to the technical support or security of the Site and our computer systems. For example, we collect traffic data that is regularly generated with Users' online activities such as IP addresses, the name of the website from which you entered our website, session durations, viewed pages, type of mobile device and computer operating system. We use all of this information to analyse trends among our Users to help improve our Site. The aggregated data that we evaluate, contains no personal information or other information that could identify an individual.
18. Warranty Disclaimer
The Service is provided on an “as-is” and “as-available” basis. To the maximum extent permitted by applicable law and subject to any non-excludable rights and remedies you may have under applicable law, ADVSR, its licensors, and its suppliers, expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. ADVSR does not warrant that your use of the Service will be uninterrupted or error-free. ADVSR does not warrant that it will review your data for accuracy or that it will preserve or maintain your data without loss. You understand that use of the Service necessarily involves transmission of your data over networks that ADVSR does not own, operate, or control, and that ADVSR is not responsible for any of your data lost, altered, intercepted or stored across such networks.
ADVSR will not be liable for delays, interruptions, service failures, or other problems inherent in use of the internet and electronic communications or other systems outside ADVSR’s reasonable control. If our supply of the services is delayed by an event outside of our control, then we will contact you as soon as possible and we will take steps to minimise the effects of the delay. Provided that we do this, we will not be liable for delays caused by the event. Similarly, we cannot be held liable for any delays caused by third party suppliers.
ADVSR may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
Nothing in this Agreement shall limit or exclude the liability of either party for death, personal injury, fraud or any other matter in respect of which it would be unlawful to exclude or restrict liability.
We shall not be liable for any breach of statutory duty, for any loss of profit, sales, revenue, or business, loss of anticipated savings, loss of or damage to goodwill, loss of agreements or contracts, any loss arising out of the lawful termination of this agreement or any decision not to renew its term.
In no event shall either party’s aggregate cumulative liability hereunder (whether in contract, tort, negligence, strict liability in tort or by statute or otherwise) exceed the greater of (i) £1,000 or (ii) the subscription fees paid by you to ADVSR during the twelve-month period preceding the event or occurrence giving rise to such liability.
The foregoing limitations shall not apply to liabilities arising out of your indemnification obligations or your breach of the section entitled ‘restrictions on use of the service.’
In no event shall ADVSR be liable for any consequential, incidental, indirect, special, exemplary or punitive damages, losses, or expenses (including but not limited to business interruption, lost business or lost profits) even if it has been advised of their possible existence and notwithstanding the failure of essential purpose of any remedy.
ADVSR is not responsible for, and assumes no liability for, the contents of User Content.
At all times, you shall be liable to ADVSR 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 your use of the Site or breach of any terms and conditions or policies available on the Site.
Furthermore, you agree to indemnify, defend and hold us and our affiliated companies, shareholders, officers, directors, employees, agents or suppliers harmless from any and all claims or demands, made by any third party due to or arising out of your use of the Site, through your password or otherwise, the violation of these Terms by you, or the infringement by you of any intellectual property or other right of any other person or entity.
These terms do not affect consumer rights that cannot by law be waived or limited. These terms do not exclude or limit liability arising out of either party’s gross negligence, fraud or wilful misconduct.
a.Compliance: You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations, in connection with your use of the Service, this includes but is not limited to those related anti-bribery and anti-corruption, in your jurisdiction.
ADVSR agrees to comply with all applicable laws, statutes and regulations from time to time in force; provided that we will not be liable under this Agreement if, as a result of such compliance, we are in breach of any of our obligations under it.
We reserve the right to make changes to the Subscriptions as are necessary to comply with any applicable law or safety requirements.
b. Intellectual Property: All intellectual property rights belonging to a Party prior to the execution of this Agreement shall remain vested in that Party.
c. Governing Law and Jurisdiction.
Furthermore, you shall comply, at your own risk and expense, with all applicable laws, ordinances, regulations and codes of the state and local governments.
d. Assignment. You may not assign these Terms or any of your rights under these Terms without ADVSR’s consent except to any successor by way of a merger, acquisition, or change of control. ADVSR may transfer or assign any of its rights and obligations under these Terms, in whole or in part, at any time with or without notice, to any third party, provided this does not adversely affect your rights under these terms.
e. Headings and Explanations. Headings used in these Terms are provided for convenience only and will not in any way affect the meaning or interpretation of the Terms or any portion thereof.
f. Person: A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
g. Singular and plural: Unless the context otherwise requires, words in the singular shall include the plural and, in the plural, shall include the singular.
h. Writing: A reference to writing or written includes e-mail but not fax.
i. "Including": Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
j. Accuracy of Statements: You agree to provide true, accurate, current and complete information in a timely manner when you provide any requests to us and to cooperate with us in all matters relating to the Services. Failure to do so may invalidate your membership. The responsibility to provide accurate information is a continuing obligation and you must notify us in the event that any information provided changes. We shall not be liable for any losses or damages if our performance of our obligations under this Agreement is prevented or delayed by any act or omission of yours.
k. Parties to the Agreement: This Agreement is between you and us. No other person shall have any right to enforce any of its terms. Neither we nor you will need to procure the agreement of any other person in order to end the Agreement or make any changes to these terms.
l. Remedies: Each party acknowledges that in entering into this agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement.
No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
m. Severability:If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable.
n. Waiver: ADVSR’s express waiver or failure to enforce any provision of these Terms shall in no way be construed to be a present or future waiver of such provision nor affect ADVSR’s ability to enforce any provision thereafter.
o. Notices: All required notices to you will be sent to the email address associated with your account or through other legally permissible means.
p. Changes to these Terms: We may modify these Terms (and any policies or agreements referenced in these Terms) at any time. . Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time. By continuing to use the Service after any revised Terms become effective, you agree to be bound by the new Terms.
q. Changes to the Service: ADVSR may add, change or remove features or functionality to the Service; modify or introduce limitations to storage or other features; or discontinue the Service altogether at any time. If you are on a paid subscription and ADVSR discontinues the Service you are using during your subscription, ADVSR will migrate or make available to you a substantially similar service provided by ADVSR (if available) and if it’s unable to do so, ADVSR will provide you a pro-rata refund of fees prepaid for the remaining period of your subscription.
r. Entire Agreement: These Terms and the terms and policies referenced herein constitute the entire agreement between you and ADVSR with respect to the Service. These Terms supersede any prior representations, agreements, or understandings between you and ADVSR, whether written or oral, with respect to the Service including previous versions of the Terms. All terms, conditions or provisions on a purchase order shall be of no force and effect notwithstanding any acceptance of such purchase order. The English version of these Terms will control.
ACCEPTABLE USE POLICY
You may not use our Site:
In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
To harm or attempting to harm minors in any way.
To bully, insult, intimidate or humiliate any person.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
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.
To upload terrorist, pornographic or other inappropriate content.
You also agree:
Not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of the Terms.
Not to access without authority, interfere with, damage or disrupt any part of our Site; any equipment or network on which our Site is stored; any software used in the provision of our Site; or any equipment or network or software owned or used by any third party.
These content standards apply to all material that you contribute to our Site (Contribution), and to any interactive services associated with it. The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
You must not sell, transfer, sublicense or otherwise monetise or make available any data to any third party, including any data broker, ad network, or other advertising monetization-related party.
You must not collect, store, or use the data in any illegal, unauthorized, or otherwise improper manner, or in any manner which would breach any laws or regulations regarding privacy, or violate the rights of third parties.
A Contribution must not be defamatory, obscene, offensive, hateful or inflammatory, promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, infringe any copyright, database right or trademark of any other person.
We will determine, at our discretion, whether a Contribution breaches the Content Standards.
Breach of this policy
When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the terms, and may result in our taking all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use our Site.
Immediate, temporary or permanent removal of any Contribution uploaded by you to our Site.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.