Terms and Conditions of Website Use

1.

Age Restrictions
Persons under the age of 18 should use this Web Site only with the supervision of an Adult.

   

2.

Business Customers
These Terms and Conditions also apply to customers procuring Services in the course of business.

   

3.

Intellectual Property

3.1

Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of IAM-Sold Ltd. our affiliates or other relevant third parties.  By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

   

3.2

Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by IAM-Sold.

   

4.

Third Party Intellectual Property

4.1

Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

   

4.2

Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.

   

5.

Fair Use of Intellectual Property
Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

   

6.

Links to Other Web Sites
This Web Site may contain links to other sites.  Unless expressly stated, these sites are not under the control of IAM-Sold or that of our affiliates.  We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

   

7.

Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.iam-sold.ie without prior permission.  Deep linking (i.e. links to specific pages within the site) requires the express permission of the Directors of IAM-Sold. To find out more please contact us by post at IAM-Sold Ltd., First Floor Offices, Unit 3, Liosbaun Business Park, Galway.

   

8.

Use of Communications Facilities

8.1

When using an enquiry form or any other System on the Web Site you should do so in accordance with the following rules:

8.1.1

You must not use obscene or vulgar language;

   

8.1.2

You must not submit Content that is unlawful or otherwise objectionable.  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

   

8.1.3

You must not submit Content that is intended to promote or incite violence;

   

8.1.4

It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;

   

8.1.5

The means by which you identify yourself must not violate these terms of use or any applicable laws;

   

8.1.6

You must not impersonate other people, particularly employees and representatives of IAM-Sold or our affiliates; and

   

8.1.7

You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

   

8.2

You acknowledge that IAM-Sold reserves the right to monitor any and all communications made to us or using our System.

   

9.

Accounts

9.1

In order to procure Services on this Web Site and to use the LiveChat facilities you are required to create an Account which will contain certain personal details and information which may vary based upon your use of the Web Site.  By continuing to use this Web Site you represent and warrant that:

9.1.1

all information you submit is accurate and truthful;

   

9.1.2

you have permission to submit information where permission may be required; and

   

9.1.3

you will keep this information accurate and up-to-date

Your creation of an Account is further affirmation of your representation and warranty.

   

9.2

It is recommended that you do not share your Account details, particularly your username and password.  IAM-Sold accepts no liability for any losses or damages incurred as a result of your Account details being shared by you.  If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

   

9.3

If you have reason to believe that your Account details have been obtained by another without consent, you should contact IAM-Sold immediately to suspend your Account and cancel any unauthorised transactions that may be pending.  Please be aware that transactions can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying us of the unauthorised nature of the transaction, IAM-Sold will suspend provision of Services pending investigation.  Following investigation, it shall be determined by IAM-Sold whether or not to cancel the Services.

   

9.4

When choosing your username you are required to adhere to the terms set out above in Clause 9.  Any failure to do so could result in the suspension and/or deletion of your Account.

   

10.

Termination and Cancellation

10.1

Either IAM-Sold or you may terminate your Account.  If IAM-Sold terminates your Account, you will be notified by email and an explanation for the termination will be provided.  Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

   

10.2

If IAM-Sold terminates your Account, any current or pending transaction on your Account will be reviewed by IAM-Sold and provision of Services will be determined by IAM-Sold.

   

10.3

IAM-Sold reserves the right to cancel transactions without stating reasons, for any reason prior to commencing Services provision.

   

11.

Services, Pricing and Availability

11.1

Whilst every effort has been made to ensure that all descriptions of Services available from IAM-Sold correspond to the actual Services, IAM-Sold is not responsible for any variations from these descriptions, including, but not limited to, property details and property prices. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether.  Please refer to sub-Clause 13.4 for incorrect Services

   

11.2

IAM-Sold does not represent or warrant that such Services will be available.  Availability indications are provided on the Web Site however these may not take into account transactions that take place during your use of the Web Site.

   

11.3

IAM-Sold reserves the right to change prices and alter or remove any special offers from time to time and as necessary.

   

12.

Provision of Services

12.1

Provision of Services shall commence as detailed in the Terms & Conditions pertaining directly to those Services.

   

12.2

IAM-Sold shall use its best endeavours to provide the Services with reasonable skill and care.

   

12.3

Provision of all Services shall be subject to the terms and conditions pertaining directly to those Services.  The terms and conditions of use of conditional online property auction services are given on this Web Site.

   

12.4

In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact IAM-Sold immediately by telephone to the Premises and inform IAM-Sold of the mistake.  IAM-Sold will use its best endeavours to ensure that any necessary corrections to the Services provided are made promptly.

   

12.5

IAM-Sold reserves the right to exercise discretion with respect to any alterations to Services under the provisions of this Clause 13.  Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

12.5.1

Any use or enjoyment that you may have already derived from the Services;

   

12.5.2

Any characteristics of the Services which may mean that cessation of provision is impossible without significant further work on the part and at the expense of IAM-Sold

   

Such discretion to be exercised only within the confines of the law.

   

13.

Disclaimers

13.1

IAM-Sold makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.

   

13.2

No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

   

13.3

No part of this Web Site is intended to constitute a contractual offer capable of acceptance.

   

14.

Changes to the Service and these Terms and Conditions
IAM-Sold reserves the right to change the Web Site, its Content or these Terms and Conditions at any time.  You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes.  If IAM-Sold is required to make any changes to Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

   

15.

Availability of the Web Site
The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

IAM-Sold accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

   

16.

Limitation of Liability

16.1

To the maximum extent permitted by law, IAM-Sold accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.

   

16.2

Nothing in these Terms and Conditions excludes or restricts IAM-Sold's liability for death or personal injury resulting from any negligence or fraud on the part of IAM-Sold.

   

16.3

Nothing in these Terms and Conditions excludes or restricts IAM-Sold's liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Web Site.

   

16.4

Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

   

17.

No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

   

18.

Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

   

19.

Notices
All notices / communications shall be given to us by first class post to our Premises (see address above). Such notice will be deemed received 3 days after posting

   

20.

Law and Jurisdiction
These terms and conditions and the relationship between you and IAM-Sold shall be governed by and construed in accordance with the Law of England and Wales and IAM-Sold and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

   

Terms and Conditions of Use of Conditional On-line Property Auctions

Terms and conditions of purchase via conditional online property auction:

The buyer and seller agree to use their best endeavours to proceed to a formal and unconditional exchange of legal contracts within 28 days. The time limit will expire at 17.00 hours on the 28th day following receipt of draft contracts by the purchasers solicitor. A non-refundable Reservation fee must be paid by the buyer within 2 hours following the conclusion of the auction or acceptance of an offer. This must be paid by cleared funds to the auctioneer who will issue an acknowledgement of reservation and purchase agreement In the 28 day period following the auction or the date of acceptance of the offer.

The seller agrees as follows:

a) To immediately instruct solicitors to issue the contract for sale and accompanying papers to the buyer’s solicitors and to answer promptly all enquiries raised, respond promptly to any amendments to the contract for sale and to do all other work reasonably required to enable contracts for the sale to be unconditionally exchanged within the 28 day period.

b) To supply the seller’s solicitors with all documentation, information and authority to enable the seller’s solicitors to draft and negotiate the contract for sale and do all the work necessary to enable contracts to be unconditionally exchanged within the 28 day period.

c) To give access to the property as may reasonably be required by any surveyor or valuer appointed by the buyer or the mortgagee for the purpose of surveying and/or valuing the property.

d) Not to instruct or allow anyone else to send any sale contract or details of the title of the property to anyone other than the buyer’s solicitors.

e) Not to give access to any other person to view the property nor to negotiate or agree with anyone other than the buyer any terms for sale of the property.

The buyer undertakes within two days following the auction or acceptance of the offer:

a) If the buyer shall require a mortgage loan in connection with the purchase of the property, he or she shall apply to such building society, bank or other prospective lender (“the mortgagee”) as may reasonably be expected to lend the required loan to the buyer and the buyer shall complete such application forms and pay such fees as the mortgagee shall require in order to process the buyer’s application as soon as possible.

b) If the buyer or mortgagee shall require the property to be surveyed and/or valued, the buyer will use all reasonable endeavours to arrange for the survey and/or valuation inspection to take place as soon as reasonably practicable.

c) To instruct solicitors to investigate title to the property, negotiate the draft contract for sale, raise enquiries of the seller and any third parties about the property and do any other work required to enable contracts to be exchanged within the 28 day period.

It is hereby agreed between the parties as follows:

a) The seller has entered into the agreement because the buyer has given certain commitments as herein mentioned, if the buyer fails to comply with them strictly in accordance with the timetable this agreement shall immediately lapse and any reservation fee paid is deemed non-refundable.

b) If the buyer decides not to proceed with the transaction as negotiated he or she shall immediately inform the seller whereupon this agreement will lapse and any reservation fee paid is deemed non-refundable.

c) If the seller decides not to proceed with the transaction as negotiated, he or she shall immediately inform the buyer whereupon this agreement will lapse and any reservation fee paid by the buyer to the auctioneer will be reimbursed to the buyer.

d) This agreement is an independent contract and does not bind the seller or the buyer to the transaction.

Please feel free to contact us if you have any questions