BINDING TERMS

This Website is operated by ecmk Ltd, a Limited Company registered in England & Wales under number: 04701167 ecmk Ltd (“ecmk Ltd”, “Our”, “Us” or “We”).

By using this Website You agree to be bound by an agreement created between You and Us under these Website Terms of Use.  If You do not agree to these Website Terms of Use, please do not use this Website or any information derived as a result of the use of this Website.

This Website provides information about the various services offered by ecmk Ltd.

THE PARTIES

If You are a natural person, then these Website Terms of Use constitute a legally binding agreement between You and Us and govern Your use of Our Website.

If the user of Our Website uses it in his or her capacity as a representative of a body corporate (eg a corporation), then it is a condition of the user continuing to use Our Website that the user warrants that he or she has authority to accept these Website Terms of Use on behalf of that body corporate, and these Website Terms of Use specify the terms of a legally binding agreement between that body corporate (and “You” in these Website Terms of Use means that body corporate) and Us.

GENERAL INFORMATION

The information appearing in this Website, except for when it is described as a contract term or disclaimer, is for general information only and does not constitute an offer or an intention to enter into a legally binding contract, other than the agreement between Us and You for the use of this Website.

INTERNATIONAL USE

We make no representation that ecmk Ltd services described on this Website are appropriate or available for use in locations outside the United Kingdom or in all parts of the United Kingdom.  Those who choose to access Our Website from other locations are responsible for compliance with local laws.  Residents outside those areas may contact ecmk Ltd for further assistance regarding the availability of the ecmk Ltd Services described on this Website.

AMENDMENTS

We reserve the right to amend these Website Terms of Use from time to time.  Amendments will be effective immediately upon publication on this Website.  Your continued use of the Website following such publication will represent an agreement by You to be bound by these Website Terms of Use, as amended.

WITHDRAWAL OF PRODUCTS AND SERVICES

The information relating to ecmk Ltd, and the ecmk Ltd Services on this Website is correct at the time of publication. However, the ecmk Ltd Services described in this Website can be withdrawn or varied at any time without notice.  While every care has been taken in producing the information on this Website, We do not guarantee the accuracy of any such information and it should not be relied upon as being accurate or complete.

TERMS AND CONDITIONS AND FEES AND CHARGES

Terms and conditions apply to all ecmk Ltd Services described in this Website and may be varied at any time without notice.  Fees and charges also apply to all ecmk Ltd Services and may be varied at any time without notice.  Government charges, VAT and other taxes and duties may also apply.  Full details of the terms and conditions and the fees and charges are available on request from ecmk Ltd.

PERMITTED USES OF WEBSITE

• You must only use this Website:
  • to access the ecmk Ltd Services;
  • to obtain any other information relating to any of ecmk Ltd’s products or services for a bona fide purpose; or
  • for any other use authorised in writing by ecmk Ltd.
  • (Permitted Purpose).
• You agree that any use of this Website, is prohibited.
• The information and material in this Website is provided solely for bona fide personal or commercial customers only.
• You agree that You will not and will not attempt (either Yourself or through any third party) to:
  • use this Website or any ecmk Ltd Services accessible through it, for any purpose other than the Permitted Purpose;
  • host links to this Website, unless expressly authorised by ecmk Ltd in writing
  • decompile, disassemble, reverse engineer or otherwise attempt to discover any part of the source code, algorithms, methods or processes embodied in or used, in connection with this Website, the ecmk Ltd Services, underlying infrastructure or other software;
  • use any manual process (such as keying-in), robot, spider, screen scraper, injection techniques, data aggregation tool or use any other device or automated process (Scraping Process) to data mine, scrape, crawl, email harvest, aggregate, copy or extract any ecmk Ltd Services, processes, information, content, or data accessible through this Website;
  • use any Scraping Process to aggregate or combine information, content or data contained within or accessible through this Website with information, content or data accessible via or sourced from any third party;
  • use any information on or accessed through this Website for any commercial purpose (including but not limited to market research, the provision of pricing estimates or ‘shadow shopping’) or otherwise (either directly or indirectly) for profit or gain;
  • use any device, software, process or routine to interfere or attempt to interfere with the proper working of this Website or any ecmk Ltd Services, transaction or process being conducted on or through it;
  • take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to this Website;
  • copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any content from this Website without the prior written permission of ecmk Ltd;
  • use another person’s login details or otherwise use any ‘brute force attack’ methods to gain access to any ecmk Ltd Platforms, products or services;
  • use this Website for any unlawful purpose or activity.
• You agree to indemnify ecmk Ltd in respect of any liability incurred by either ecmk Ltd or ecmk Ltd for any Loss howsoever caused, suffered by You or any Related Bodies Corporate as a result of Your breach of this clause.

GENERAL DISCLAIMER

You acknowledge and agree:

• the general advice and information on this Website should not be relied upon in lieu of independent professional advice tailored to Your specific circumstances;
• You should make Your own enquiries, exercise Your independent judgement and assess whether the general advice and information on this Website is appropriate to your individual circumstances.
• any depictions or images on the Website of any of the ecmk Ltd Services are indicative only and ecmk Ltd does not represent or warrant that any of the ecmk Ltd Services will appear or appear to function in the same way or necessarily have any resemblance to what is depicted;
• the Website and Data, including, without limitation, any information, data, prices, and quotations contained therein, are subject to change without notice;
• ecmk Ltd does not verify the accuracy or completeness of any Data supplied by any third party;
• ecmk Ltd will not provide the Website or any Data to the extent it is prohibited or not authorised to do so by Law or under any of its agreements with its suppliers; and
• You must take Your own precautions to ensure that whatever You select for Your use from this Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of Your computer systems.

LIMITATION OF LIABILITY

• ecmk Ltd exclude all liability for any loss or damage, however caused (including through negligence), which You may directly or indirectly suffer in connection with Your use of this Website or any linked Website, nor do We accept any responsibility for any such loss arising out of Your use of or reliance on information contained on or accessed through this Website.
• To the maximum extent permitted by Law, ecmk Ltd will not be liable under or in connection with this Agreement for any Consequential Loss.
• ecmk Ltd have no liability whatsoever to You or any other person, for:
• acts and omissions of, or any faults or defects in the Website;
• any interference with or damage to Your computer systems that occurs in connection with Your use of this Website;
• faults or defects in the Website which are caused by You including any failure to comply with Your obligations under this Agreement;
• any delay, faults, failure, interruption or defects that arise in telecommunication systems or other services provided to You by a third party (even if they are connected and used by ecmk Ltd during the operation of this Agreement with ecmk Ltd’s consent); and
• Your inability to access or use the Website for any reason.
• To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms of use is hereby excluded and ecmk Ltd hereby expressly disclaim all warranties:
  • that the Website or the Data will meet Your requirements;
  • that the Website or the Data are fit for Your purpose or are otherwise suitable for Your use;
  • that the Website will be compatible with, or suitable for use with, Your Software
  • that the Website or the Data, will be error-free, correct, accurate, complete, reliable, secure, current, up-to-date or otherwise;
  • that the statistical methods on which any of the Website or Data are based use appropriate or accurate assumptions;
  • that the performance of the Website will not be affected by data entry errors, including incorrect entries, double entries or delayed entries, or incorrect or untimely data supplied by ecmk Ltd’s third party suppliers;
  • that the Website will function in an uninterrupted manner, be available 24 hours a day, 7 days a week, or be fully secure.
• Where legislation implies any condition or warranty, and that legislation prohibits Us from excluding or modifying the application of, or Our liability under, any such condition or warranty, that condition or warranty will be deemed included but Our liability will be limited (as ecmk Ltd may elect in its sole discretion) to one or more of the following:
  • to use commercially reasonable efforts to modify, correct or provide access to the relevant ecmk Ltd Service;
  • the supplying of the ecmk Ltd Services again; or
  • the payment of the cost of having the ecmk Ltd Services supplied again, except as expressly provided elsewhere in this Agreement.
• This disclaimer set out in these terms of use does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

THIRD PARTY WEBSITES

Our Website may link You to other Websites on the internet.  These other Websites are not under Our control of, and You acknowledge that We are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such Websites.  The inclusion of such a link does not imply endorsement of the Website by Us or any association with its operators.

Accessing those Websites is Your decision and to the fullest extent permitted in law We are not responsible or liable in any way for:

• Your use of those linked Websites or any loss or damage incurred arising out of or in connection with Your use of them; and
• the content or practices of those Websites operated by third parties that are linked to Our Website.

SECURITY

Unfortunately, no data transmission over the internet can be guaranteed to be totally secure but We endeavour to use Our reasonable efforts to protect the personal information of Our users.  We use a variety of physical and electronic security measures, including restricting physical access to Our offices and firewalls and secure databases, to keep personal information secure from misuse, loss or unauthorised use or disclosure.  However, ecmk Ltd will be responsible for any unauthorised access to that information.  If You are not comfortable sending any information over the Internet, please contact the privacy officer to discuss alternative methods for providing any information.  Any personal information You give Us will be dealt with in accordance with Our privacy policy.

COPYRIGHT

Except where otherwise stated, We or ecmk Ltd (and our related bodies corporate) own all rights, title and interest, or have licence rights, in all intellectual property rights in the materials contained in or published on this Website and the ecmk Ltd Services accessible through it.

For non-commercial purposes only, You may download a single copy of this Website and where necessary for its use as a reference, make a single hard copy.  Except as provided by the Copyright Act 1968 (Cth) or any other applicable laws, no part of this Website may otherwise be copied, reproduced, adapted, modified, used to create derivative works, published or transmitted in any form by any process without Our written consent.

TRADE MARKS

The trademarks, service marks and logos (“Trade Marks”) used in this Website are registered or unregistered Trade Marks of ecmk Ltd or any related parties. No Trade Mark may be copied, reproduced, adapted or transmitted in any form or process without the owner’s consent.

COOKIES

“Cookies” are text-only pieces of information that a web site transfers to an individual’s hard drive or other web site-browsing equipment for record-keeping purposes. Cookies allow the Website to remember important information that will make Your use of the site more convenient. A cookie will typically contain the name of the domain from which the cookie has come, the “lifetime” of the cookie, and a randomly generated unique number or other value. Like most web sites, We use cookies for a variety of purposes in order to improve Your online experience, for analytics and for marketing, but specifically We use Cookies on the Website for the following purposes:

• Analytical Purposes: We use Cookies to analyse user activity in order to improve the Website. For example, using Cookies We can look at aggregate patterns like the average number of property searches that users perform. We can use such analysis to gain insights about how to improve the functionality and user experience of the Website.
• Your Preferences: We use Cookies to store certain user preferences on Our Website. For example, We may store the recent searches You have performed in a Cookie so that We can allow You to easily repeat those searches when You return to Our Website.
• Marketing: We use Cookies from third-party partners, such as Google, for marketing purposes. These Cookies allow Us to display promotional material to You on other sites You visit across the Internet.
• Referral Tracking: We use Cookies to associate user activity with the third party web site that referred the user to Our Website. These third-party partner web sites receive credit for the activity of users they refer to Our Website. We do not share any personal information or information about individual user activities with these partner entities.
• Session Cookies:  Session Cookies are temporary cookies that remain in the cookie file of Your browser until You leave the Website.

Persistent Cookies remain in the cookie file of Your browser for much longer (though how long will depend on the lifetime of the specific cookie). When We use Session Cookies to track the total number of visitors to Our Website, this is done on an anonymous aggregate basis (as cookies do not in themselves carry any personal data). We may also employ cookies so that We remember Your computer when it is used to return to the Website to help customize Your Website experience. We may associate personal information with a cookie file in those instances.

Use the options in Your web browser if You do not wish to receive a cookie or if You wish to set Your browser to notify You when You receive a cookie. You can easily delete any cookies that have been installed in the cookie folder of Your browser.

We may use the AdWords and Remarketing Lists features of Google Analytics for Display Advertisers. If so, We and Google use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimise, and serve ads based on Your past visits to Our Website. This means that vendors including Google will display promotional material on other sites You visit across the Internet.

You may opt-out of Google Analytics for Display Advertisers including AdWords and opt-out of customized Google Display Network ads by visiting the Google Ads Preferences Manager. To provide web site visitors more choice on how their data is collected by Google Analytics, Google has developed an Opt-out Browser add-on, which is available by visiting Google Analytics Opt-out Browser Add-on, to enable You to opt-out of Google’s programs.

When You use Our Website, You consent to receiving cookies from Us and Our third party commercial partners.

From time to time, it may be necessary for Us to change this Cookie Policy. We suggest that You check here periodically for any changes.

GENERAL

• The agreement created under these Website Terms of Use constitutes the entire agreement between the parties in respect of Your access to Our Website and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing.
• No failure to exercise or any delay in exercising any right, power or remedy by a party operates as a waiver.  A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy.  A waiver is not valid or binding on the party granting the waiver unless it is made in writing.
• We may give You notice by electronic mail, conventional mail, facsimile or personal service.  You may give Us notice by email to the email address specified in the “Contact Us” section of Our Website.
• If a provision of these Website Terms of Use is invalid, illegal or unenforceable, then to the extent of the invalidity, illegality or unenforceability, that provision must be ignored in the interpretation of these Website Terms of Use.  All other provisions of these Website Terms of Use remain in full force and effect.
• These Website Terms of Use are governed by the laws applicable in England and Wales and each party irrevocably and unconditionally submits to the non-exclusive jurisdictions of the courts of those places.

DEFINITIONS

In these Website Terms of Use, the following capitalised terms have the meaning given below:

Consequential Loss means any loss of income, loss of actual or anticipated profits, loss of business, loss of anticipated savings, loss or damage to or corruption of data, loss of goodwill or loss of reputation  whether arising in or for breach of contract, tort (including negligence), breach of statutory duty, indemnity or otherwise.

Data means any results, data or meta data, including any property information, property attribute data, ownership information, property sales information, photographs, valuation, market share analyses, index results, alerts, or reports, which are either contained within, provided through, derived from, captured by, entered into or generated by the Website and any Platforms or as otherwise provided in the usual course of business by ecmk Ltd.

ecmk Ltd Services means the products, services, Platforms and Data which may be:

• promoted by ecmk Ltd on this Website;
• licensed or supplied to You by ecmk Ltd or through this Website; or
• accessed by You on or through the Website.

Intellectual Property Rights means all industrial and intellectual property rights throughout the world including current and future registered and unregistered rights in respect of trade marks, copyright, source-code, databases, Data, circuit layouts, designs, patents, inventions and discoveries, trade secrets, know-how and confidential information and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967 and Intellectual Property has the corresponding meaning.

Loss means all liabilities, losses, damages, outgoings, costs and expenses (including legal costs assessed on a Solicitor-client basis).

Permitted Purpose has the meaning given to that term under the permitted uses of website section.

Platform means any web-based platform or software provided by ecmk Ltd to deliver, enable or provide its customers access to its ecmk Ltd Services, and includes the Website.

Website means ecmk Ltd’s website located at the domain name www.ecmk.co.uk, and includes all content and webpages forming part of that domain name, including all information, opinions, reports, blogs and Data published on, contained in or accessed through this website.