1.1 www.rateragent.co.uk (referred to as the ‘Site’) is operated by One Moment Ltd trading as raterAgent (referred to as ‘we’, ‘us’, ‘our’), company number 09257092, registered at 2nd Floor Berkeley Square House, Berkeley Square, London W1J 6BD.
1.2 When you (a user of the Site is referred to as ‘you’, ‘your’) use the Site, you agree to be bound by the terms and conditions (‘Terms’) below. Please read them carefully before you start to use the Site. If you do not agree to be bound by these Terms, you must not use the site.
1.3 Certain uses of the site are prohibited and are deemed a misuse of the Site and our estate and letting agent (‘Agent’) ratings and reviews (collectively, ‘Reviews’).
1.4 It is recommended that you print and keep a copy of these Terms amounting, as they do, to a legally-binding contract between you and us. We may change these Terms at any time by updating them here on the Site. Every use of the Site is deemed to be covered by the Terms that were in place at the time use occurred. Please check this page regularly to ensure that you stay up to date with any changes that may have been made.
1.5 We reserve the right to amend, suspend or cease the availability of the Site at any time without prior notice to you. We shall not be liable to you or any other party should we do this.
1.6 The views gien by reviewers on the Site are not those of raterAgent, its directors or staff. Reviews are opinions not facts and should be considered as such.
2.1 We provide you with the ability to rate and review estate and letting agents (collectively ‘Reviews’), plus ask questions (‘Questions’) and answer others (‘Answers’) relating to the home-moving process, including location-based enquiries (the ‘Services’).
2.2 We strive to ensure that these Services are accurate and reliable by using our unique raterMark, 'triple-lock'check system, in which each review;
2.2.1 Goes through our algorithm which checks 170 combinations of 'cheat factors', including language, location, IP address and many others. This then gives each review a number out of 100 as to the likelihood of it being fake;
2.2.2 Each is then hand-checked by a Moderator who will read the review and check the likes of Electoral Roll, Companies House and various social media to discover more about the reviewer;
2.2.3 If the review is suspected to be fake, the Moderator will write to the reviewer requesting further details. If it is not deemed fake then it will be set live.
2.3 We will remove Ratings and Reviews if, in our view, they are;
2.3.4 From the agent themselves
2.3.5 From a competitor of an agent
2.3.6 From a relative of an agent
2.3.7 From someone intent on reputational damage rather than assisting future potential users of the agent.
2.4 We will edit Ratings and Reviews if;
2.4.1 They include references to other agents than the one being reviews;
2.4.2 They include abuse;
2.4.3 They include swear words.
2.5 Only Rate and Review agents that you have personal experience of dealing with.
2.6 Above all, please keep the Ratings and Reviews constructive, honest and fair.
2.7 We reserve the right to sanction any agent that we find trying to ‘game’ or otherwise abuse the Services for their own gain, including reviewing other agents unfairly.
2.8 Whilst you can add new Reviews at any time, and remove older ones from the site, we will keep all Reviews on database record and they may continue to be used in the Overall Rating algorithm.
2.9 Genuine star Ratings and written Reviews may appear on Site within 2 working days but not later than 5.
2.10 All rankings are based upon the input of customers’ Ratings and Reviews and are purely for illustrative purposes. There is no specific or general implication that these are definitive nor that the Overall Ratings should be taken to infer that any one agent is definitively better than any other.
3.1 To use the Services on the Site, you must complete a registration form and submit it to us. At our discretion, we may refuse your application for registration. If we do accept your registration, we will confirm this in writing via email to your registered email address.
3.2 Each registration is for a single user only. You must not share your username and password with any other person.
3.3 You accept sole and personal responsibility for the use of and for keeping confidential your username and password. You must notify us immediately of any unauthorised use of them or any other breach of security of this Site of which you become aware.
3.4 It is your responsibility to update and inform us of any changes to your registered details.
4. Your obligations and conduct
4.1 You accept that you are solely responsible for ensuring that your device’s operating system, including its browser(s), meets all relevant technical sepcifications necessary to use the Site and that it is compatible with the Site.
4.2 You must not misuse the Site. In particular, you must not hack into, circumvent security or otehwise disrupt the operation of our system and the Site. Attempts to do any of these things are considered to be as serious as them actually being completed. It includes introducing viruses, trojans, worms or any other material which is, or could be, technologically malicious or harmful to us.
4.3 You must not use or attempt to use any automated program (including, but not limited to, spiders or other website crawling technology) to access our Site or systems, to search, display or obtain links to any part of the Site without prior written permission. Any such use or attempted use (without permission) is strictly forbidden.
4.4 You must not include links to the Site without our prior written consent.
4.5 You will not, without prior written consent, try and solicit or obtain business for any commercial enterprise.
4.6 All content that you upload will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose. We also have the right to identify you to any third parties that claims or alleges that content posted or uploaded by you to the Site breaches their legal rights.
4.7 By submitting content to the Site, you grant us a royalty-free, perpetual, irrevocable, and non-exclusive right and licence to use, reproduce, distribute, display, modify and edit this content in connection with the Site’s services, and to sublicense it. We will not pay for these and, at our sole discretion, we can remove or amend them at any time.
4.8 The views expressed by Users of the Site do not reflect our views or values in any way.
4.9 All content that you submit to the Site must be;
4.9.1 Accurate (where you state facts.
4.9.2 Genuinely held (where you provide opinions, ratings and/or reviews)
4.9.3 Compliant with the applicable laws of the country from which they were posted.
4.10 Your content must not contain any material which is;
4.10.1 Defamatory of any person
4.10.2 Obscene, offensive, hateful, discriminatory on any grounds, unethical, immoral or inflammatory
4.10.3 Infringes the intellectual property rights of a third party (or has the potential to do so)
4.10.4 Solicitation for any commercial enterprise (without prior written consent).
4.11 We will determine at our discretion whether there has been a breach of this clause 4. Where a breach has occurred we may take the following action;
4.11.1 Immediate, temporary or permanent withdrawal of your right to use the Site
4.11.2 Immediate, temporary or permanent removal of any rating, review or other material uploaded by you to the Site
4.11.3 Legal action against you
4.11.4 Disclosure of such information to law enforcement and/or other authorities as we may see fit.
4.12 In addition to all of the rights set out above, we reserve the right to take down any content that you upload to the Site at any time without notice and without having to give a reason.
5. Availability of website
5.1 We strive to ensure that our website and the Services are available at all times but cannot guarantee that either the website or the Services will operate continuously, without interruptions or be fault free.
5.2 On occasion, necessary maintenance or upgrade work requires us to make the website and the Services unavailable without notice, but we aim to keep downtime to a minimum. We accept no liability for any interruption or loss of service.
6. Intellectual property
6.1 The copyright and intellectual property rights in this Site, including (but not limited to) all database rights, trade marks, service marks, trading names, text, graphics, videos, code, files and links) belong to us or our partners. All rights are reserved.
6.2 Subject to clause 5, you may download material from the Site for the sole purpose of using the Site. However, you must not copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information either on, or downloaded from, the Site without our prior written consent.
6.3 Rater Agent, www.rateragent.co.uk and our logos are our trademarks and must not be used or copied without our written consent.
6.4 The Site contains links to websites operated by third parties. We have no control over their individual content. We therefore make no warranties or representations as to their accuracy, completeness or relevance. They are purely enabled for your convenience. We do not recommend any products or services that may be advertised on these linked sites. If you do link to them, you do so at your own risk.
7.1 Whilst we endeavour to ensure that any material available for downloading from this Site is not contaminated in any way, we do not warrant that such material will be free from infection, viruses and/or similar code.
7.2 Due to the nature of software and the internet, we do not warrant that your access to, or the running of, this Site will be uninterrupted or error free. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We shall not be liable if we cannot process your details due to circumstances beyond our reasonable control.
7.3 The information provided on this Site is for general interest only and does not constitute specific advice.
7.4 We make no warranties or representations that the information on this Site is correct, accurate or up-to-date.
7.5 We make no warranty or guarantee that the Site or information available over it complies with laws other than those of England.
7.6 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.
8. Limitation of liability
8.1 Nothing in these Terms will be deemed to exclude our liability to you for death or personal injury arising from our negligence, or for fraudulent misrepresentation.
8.2 Subject to clause 8.1, we will not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control.
8.3 Subject to clause 8.1, we do not accept any liability for loss of your password or account ID caused by a breakdown, error, loss of power or otherwise caused by or to your computer system.
8.4 We may put in place such systems as we from time to time see fit to prevent automated programs being used to obtain unauthorised access to our system and this Site. You are not permitted to use automated programs for such purposes and any such use or attempted use by you of such automated programs is at your own risk. Subject to clause 8.1, we shall not be liable to you for any consequences arising out of or in connection with any such use or attempted use of automated programs to obtain unauthorised access to our system or this Site.
8.5 Subject to clause 8.1, 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:
8.5.1 Use of, or inability to use, our Site; or
8.5.2 Use of or reliance on any content or information displayed on our Site.
8.6 Subject to clauses 8.1 to 8.5 inclusive, if you are a business we shall not be liable to you for:
8.6.1 Any indirect, consequential, special or punitive loss, damage, costs and expenses
8.6.2 Loss or profit
8.6.3 Loss of business
8.6.4 Loss of reputation
8.6.5 Depletion of goodwill, or
8.6.6 Loss of, damage to, or corruption of, data.
8.7 Subject to clause 8.1 to 8.5 inclusive, if you are a consumer, 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.
8.8 We will not be liable for any loss or damage caused by a virus, distributed denial of service attack or other technologically harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or any website linked to it.
8.9 When you use the "contact forms" on this Site to use the Services, your details (including your email address) may be sent by email directly to the estate and letting agent you are reviewing. We do not accept any liability for any subsequent communications that you receive directly from that estate or letting agent, landlord or developer.
8.10 We accept no liability for any losses whatsoever incurred from the use of the Site. All reviews on the site are the opinions of the reviewer and are not those of us or our representatives. We will take reasonable care to make sure that the data is correct, however we make no warranty that this is so. All ofthe information on the Site is for information only and should not be seen as complete.
9.1 An agent may cancel their paid-for membership giving one month's notice after the initial 6 month term, if on a monthly package, or at any time if on an annual package, which will continue to run until the end of the 12 month term.
9.2 An agent can cancel their service within the first 14 days of their order with a full refund.
11. Applicable law
11.1 These Terms shall be governed by and construed in accordance with English law and the parties agree that any disputes will be settled in English courts, save that we may take action in any relevant jurisdiction to enforce our intellectual property rights.
12. Contact Us
12.1 To contact us, please email firstname.lastname@example.org, call us on 0330 111 9195 or by post to the address at the top of these Terms.
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