What's in these terms?

These terms of use tell you the rules for using buildanova.co.uk (our "site").

Who we are

buildanova.co.uk is operated by Buildanova Ltd (company number 16327705).

We are registered in England and Wales and have our registered office at 86-90 Paul Street, London, England, EC2A 4NE.

Buildanova Ltd is registered with The Property Ombudsman.

By using our site you accept these terms

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

You are also 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.

We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our site:

The Privacy Notice for our estate agency and lettings services

If you purchase services from us, the terms of conditions for that service provided to you during your purchase will apply.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

We may make changes to our site

We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities.

We may suspend or withdraw our site

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. We will try to give you reasonable notice of any suspension or withdrawal.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms 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.

Our site is only for users in the UK

Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us using the contact us page on our site.

How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. 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.

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).

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.

If you print off, copy, download, share or repost 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.

No text or data mining, or web scraping

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site.

The provisions in this clause should be treated as an express reservation of our rights in this regard.

Do not rely on information on our site

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 on the basis of 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.

We are not responsible for websites we link to

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.

Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services to you, which will be set out in the service-specific terms and conditions provided to you.

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.

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.

If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out below:

Your content MUST:

• Be accurate (where it states facts).

• Be genuinely held (where it states opinions).

• Comply with applicable law in the UK and in any country from where it is posted.

Your content MUST NOT:

• Contain any material which is defamatory of any person.

• Contain any material which is obscene, offensive, hateful or inflammatory.

• Promote sexually explicit material.

• Promote violence.

• Promote discrimination whether based on race, sex, religion, nationality, disability, sexual orientation, age or otherwise.

• Infringe any copyright, database right or trade mark of any other person.

• Be likely to deceive any person.

• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

• Promote any illegal activity.

• Upload any material that could incite a terrorist offence, solicit any person to participate in terrorist activities, provide instruction on any method or technique for committing a terrorist offence or threaten to commit a terrorist offence.

• Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.

• Be likely to harass, upset, embarrass, alarm or annoy any other person.

• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

• Give the impression that it emanates from us, if this is not the case.

• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

You warrant that any of your uploaded content does comply with these standards, and you are 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.

We have the right to remove any content you upload on our site if, in our opinion, your content does not comply with these standards. If you wish to contact us in relation to content you have uploaded to our site and that we have taken down, please contact your regular point of contact in the first instance to discuss. See also the section "How to complain or report content" in respect of illegal content below.

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 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 "Rights you are giving us to use material you upload".

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.

You are solely responsible for securing and backing up your content.

User-generated content is not approved by us

Our site, particularly the direct messaging functionality, may include information and materials uploaded by other users of the site. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

What content and behaviours you should report

You can report or complain about the following content and behaviours:

• Content you consider to be illegal.

• When you think we are not dealing with illegal content or activity as we should.

• Where you think our content reporting systems and processes do not easily let users report content they believe to be illegal and content they believe to be harmful to children and that is accessible to children.

• When you think we have insufficiently considered the importance of protecting users' rights to freedom of expression or privacy.

• Where your content has been taken down on the basis that it is illegal.

• Where we have given you a warning, suspended, banned or restricted you in any way as a result of your content which we consider to be illegal content.

• Technology we use results in your content being taken down, access-restricted or deprioritised and you think the technology has been used in a way not set out in our terms of service.

How to complain or report content

You can submit a complaint about any of the above to help@buildanova.co.uk. Please include any supporting information in your email that will be helpful to us in considering your complaint, including any relevant account information, property information or any other helpful information that will help us locate relevant content.

How we will deal with your complaint

All such complaints will be considered by experienced personnel in our Legal team, based on the criteria in these terms of service and in accordance with our legal obligations.

How we will deal with reported content

In the case of reported content, our team will review assess whether it is illegal content or in breach of these terms of service. If we find either to be the case, we will remove it.

All reports will be considered by human reviewers. Sometimes, this review means simply looking at content to determine whether it goes against our policies, such as a photo containing adult nudity, in instances when our agents didn't detect it first when compiling a property advert.

In other cases, context is key. For example, our human reviewers might be unsure whether a direct message from one user to another contains harassment, an area that might require extra context and nuance because it often reflects the nature of personal relationships. In this case, the content may be sent to more experienced personnel for further review.

Reviewers will always base their decisions on the criteria in these terms of service.

Rights you are giving us to use material you upload

When you upload or post content to our site, you grant us 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 site and across different media including to promote the site or the services to expire when the user deletes the content from our site; and

• a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content in accordance with the functionality of the site to expire when the user deletes the content from our site.

We are not responsible for viruses and you must not introduce them

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(s) 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.

Rules about linking to our site

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.

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 "Uploading content to our site".

Which country's laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.