Terms and conditions

These terms, together with matters set out on the Rate Card, form part of an agreement between you, the Advertiser, and ourselves, s1homes.com and set out the conditions under which you may access the Services available on this Site (the "Terms"). By accessing or using the Services on the Site you have indicated to us that you both understand and agree to be bound by these Terms. s1homes.com is a trading name of Newsquest (Herald & Times) whose business address is 200 Renfield Street, Glasgow, G2 3QB.


  1. Definitions

    1. The "Users" means any person applying or responding to the advertisement advertised on the Site.
    2. “Agreement” means these Terms and the Rate Card and any additional terms or conditions made between us.
    3. The "Services" means the service provided by us of placing property advertisements on the Site.
    4. The "Site" means the website currently known as s1homes.com.
    5. “Advertisement” means any property listing, banner, button, MPU, micro-site, pop-up, display ad, sponsorship, or any other advertising format that we may run on the site from time to time.


  2. Terms
    There may be other terms within the Site which relate to the use of such areas and these form part of the Terms of this agreement . We reserve the right to change the Terms or the Rate Card at any time and to notify you by publication on the website. It shall be your responsibility to check the Terms regularly and if you do not agree to any changes you should stop using the Services immediately. If the charges on the Rate Card are changed during the term of any particular agreement for advertising, the advertising rate in force at the time the advertisement is accepted will continue to apply until the end of the agreed period of display, after which the new rates shall apply.

  3. Obligations of s1homes.com
    We agree to use our reasonable endeavours to enable Users the facility of viewing the advertisements of the advertisers on the Site.

  4. Your Obligations as the Advertiser
    You undertake and agree that:

    1. You are over eighteen years of age and the details provided by you to register yourself and any advertisement are correct and complete;
    2. You undertake to comply with the Data Protection Act 1998 or relevant legislation when dealing with the information from Users or us and will keep any such information confidential;
    3. The media space provided to you within the site is for your own use only and under no circumstances will you resell it to a third party, or allow a 3rd party to use it.


  5. You warrant that:

    1. the content of any Advertisement you place with us is accurate, legal, honest and truthful and not defamatory or discriminatory and complies with the British Code of Advertising Practice, all other relevant codes of conduct and all current legislation;
    2. you have full authority to place the Advertisement with us;
    3. the contents of the Advertisement if reproduced on the Site will not breach any contract or infringe any copyright or other third party intellectual property right or make us liable to any legal proceedings.
    4. any advertisement, where appropriate, complies with applicable financial services law and regulation, including The Consumer Credit (Advertisements) Regulations 2004.
    5. any advertisement will comply with all Scottish legislation and other regulatory and compliance standards that are applicable to a business of the same or a similar nature to yours (such as, without limitation The Housing (Scotland) Act 2006 (Prescribed Documents) Regulations 2008) and if you operate outside Scotland within that jurisdiction as well.


  6. Advertisements

    1. We may at our discretion refuse, suspend, change the date or position of publication or edit any Advertisement for any reason, including without limitation:

      1. to comply with the legal or moral obligations of either party;
      2. to avoid infringing third-party rights;
      3. to comply with regulatory codes of practice, including the British Code of Advertising Practice;
      4. to respond to complaints;
      5. to correct errors or technical inaccuracies;
      6. to resolve shortage of space or technical restrictions

    2. No advertisement will be made live on the site until we are in receipt of an official s1 Sales Order Form, signed and dated by you.
    3. In the case of advertisements appearing as property listings, each listing is for one property type only and in one location only. It must not contain any links to, or references to any web addresses or websites. Each such property listing will remain on the site until sold or removed, unless alternative timescales have been expressly agreed between the parties and confirmed in the Sales Order Forms defined at 6.b.
    4. You may delete the advertisement from the Site so that it may be no longer viewed by Users before the advertisement has completed its term but you will not be entitled to a refund for the time it is not displayed on the Site.


  7. Liability

    1. We shall not be liable for the reproduction of any error, misprint or omission in the material you supply to us. If we have caused any error, misprint or omission in the appearing on the Site, we shall use our reasonable efforts to correct it and either make such refund as may be proportionate and reasonable, or re-insert the Advertisement. No refund or re-insertion will be offered if in our reasonable opinion the error, misprint or omission does not materially detract from the Advertisement. It is your responsibility to check the Advertisement on its first appearance and we shall not be required to check it nor shall we be liable for the period during which you have failed to bring any error, misprint or omission to our attention.
    2. Subject to 7d below, we shall not be liable to you:

      1. for the non-availability of the Site to users in whole or in part for any reason;
      2. in contract, tort (including negligence), statutory duty or otherwise arising out of or in connection with this Agreement for

        • indirect, consequential or special loss or damage;
        • any loss of goodwill or reputation;
        • any economic losses (including loss of revenues, profits, business or anticipated savings)

        in each case whether notified of the possibility of such loss or damage or not.

    3. Subject to 7d below, our total liability in any event in contract, tort (including negligence) statutory duty or otherwise arising out of or in connection with this Agreement in respect of each event or series of connected events shall not exceed twice the payment you make for the relevant Advertisement.
    4. Nothing in this Agreement shall operate to exclude or restrict any liability either party may have for fraud, or death or personal injury arising from that party’s negligence.
    5. The Site is provided by us without warranty or guarantee except those expressly contained in these Terms or implied by law. You must bear the risks associated with the use of the Internet. We do not give any warranty that the Site or any connected website is free from computer viruses, cookies or any other malicious or impairing computer programmes and/or that the Site will operate uninterrupted and problem free.
    6. We do not verify or guarantee any User’s details whether forwarded directly to you via the Site or otherwise. You will indemnify and keep us fully indemnified against all claims, regulatory complaints, costs, proceedings, demands, losses, damages, expenses or liabilities whatsoever arising out of or in connection with your breach of these Terms.


  8. Intellectual Property

    1. The content of the Site is protected by copyright, trademark, database and other intellectual property rights. You may retrieve and display the content of the Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without our prior written permission.
    2. No licence is granted to you to use any of s1now’s or its affiliated companies' trademarks including, without limitation, the trademarks s1homes.com, s1now and Newsquest (Herald & Times).
    3. You license us to reproduce the contents of the Advertisement on the Site, including all necessary copyright, trade marks and other branding features.


  9. Cancellation

    1. Any order for an advertisement (as defined at 6.b.) may be cancelled by either party, provided that such party gives notice in writing to the other no less than 30 days before the intended date of cancellation.
    2. We may cancel this Agreement immediately on giving notice to you by telephone, fax, e-mail or letter or refuse to publish an Advertisement, if:

      1. you are in breach of this Agreement and such breach is not capable of remedy or you have not remedied it within seven days of receipt of notice from us;
      2. you are bankrupt or insolvent, or you cease or threaten to cease to carry on your business;
      3. you have been refused credit by another company in Newsquest Media Group.


  10. Governing Law and Jurisdiction
    Scots law shall govern these Terms and any matter relating to the Site and the Scottish courts shall have non-exclusive jurisdiction in respect of them.

  11. Miscellaneous

    1. You may not assign, sub-licence or otherwise transfer any of your rights under these Terms.
    2. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms which remain in full force and effect.
    3. If you breach these Terms and we ignore it, we will still be entitled to exercise our rights and remedies at a later date or in any other situation where you breach the Terms.
    4. Nothing in this Agreement shall give any rights or benefits pursuant to the Contracts (Rights of Third Parties) Act 1999 to any person who is not a party to it.
 
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