Terms and
Conditions

Offerpal Ltd
Website Terms & Conditions
June 2020
BACKGROUND

This agreement applies as between you, the User of this Website and Offerpal Ltd the owner(s) of this Website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

Definitions And Interpretation

In this Agreement the following terms shall have the following meanings:

"Content"
means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Offerpal"
means Offerpal Ltd, Premier House, Duckmoor Road, Bristol BS3 2BJ;
"Service"
means collectively any online facilities, tools, services or information that Offerpal Ltd makes available through the Website either now or in the future;
"System"
means any online communications infrastructure that Offerpal makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"Partners"
means any third party company involved in the buying or selling of properties, and/or providing valuations and offers on the Website
"User(s)"
means any third party that accesses the Website and is not employed by Offerpal and acting in the course of their employment; and
"Website"
means the website that you are currently using (offerpal.com) and any sub-domains of this site (e.g. www.offerpal.com) unless expressly excluded by their own terms and conditions.

This Website provides the Service through which you may:

  • Submit details of your property or another property to get an online valuation and initial offers in principle via one or more of our property buying or selling Partners; and
  • Submit your personal contact details in order for us or our Partners to contact you about your property valuation, offers, and/or a property transaction

By submitting your details to the Website and creating an account with OfferPal, you warrant that you are over 18 years old, reside in the United Kingdom and that the details you provide to us are true, accurate, complete and current.

If you are submitting information via the Website about a property you do not own, or on behalf of another person, you warrant that you have all the requisite permissions necessary to provide us with such information to use in accordance with these Terms & Conditions.

Online instant valuations and offers shown on the Website are based on a set of assumptions about your property and you accept that any valuation, offer or price is indicative only. You accept that the offer made on your property may be subject to change following further valuations, surveys, and inspection of your property and related legal documents.

Partners

There is no binding agreement or obligation for you to sell your property to any of our Partners following the submission of your details.

Other services offered via the Website may be governed by additional terms and conditions with third parties including third party privacy policies.

You acknowledge that valuations and offers on the Website are made by third party Partners not OfferPal. You are not contracting directly with OfferPal for any property buying or selling services and these do not form part of the Services.

OfferPal is not party to your transaction with any Partner and Offerpal do not make any representations, guarantees or warranties of any kind that the valuations and offers made by our Partners are accurate or representative of the value of your property.

Upon submitting your details to the Website, your details (in accordance with our Privacy Policy) may be passed to the relevant Partner that OfferPal chooses to contract with. You agree that the Partner may contact you regarding your property in order to agree a purchase or sale price should you wish to proceed with that Partner to sell your property.

Use of the Website in no way obligates or binds you to accept a valuation, price or offer for your property by any of OfferPal’s Partners.

OfferPal accepts no responsibility for any dispute that may arise between you and the Partner. All communications between you and any Partner is subject to the terms and conditions of that partner.

In accordance with the Privacy Policy, OfferPal may provide your details to other third parties that supply related services. These third parties may contact you via email or phone to discuss these related services

You agree to release OfferPal from claims or disputes of any kind arising from such third party content or in any way connected to such disputes with third parties.

Intellectual Property

All Content included on the Website, 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 Offerpal, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.

You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Offerpal.

Material from the Website 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.

Links To Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Offerpal or that of our affiliates. We assume no responsibility for the content of such Websites 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 Website does not imply any endorsement of the sites themselves or of those in control of them.

Links To This Websites

Those wishing to place a link to this Website on other sites may do so only to the home page of the site https://offerpal.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Offerpal. To find out more please contact us by email at hello@offerpal.com

Privacy

For the purposes of applicable data protection legislation, Offerpal will process any personal data you have provided to it in accordance with the Privacy Policy available on the Offerpal website or on request from Offerpal.

You agree that, if you have provided Offerpal with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Offerpal and (2) that you have brought to the attention of any such third party the Privacy Notice available on the Offerpal website or otherwise provided a copy of it to the third party. You agree to indemnify Offerpal in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.

Disclaimers

Offerpal makes no warranty or representation that the Website 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.

No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind. The Services and content on this Website are provided for informational purposes only. OfferPal are not providing advice in respect of your property or the subsequent sale or purchase of your property. OfferPal does not endorse or recommend any Partner or third party service. You should seek professional advice before taking any action on the basis of the content or information provided on this Website.

Availability Of The Website

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 the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

Offerpal accepts no liability for any disruption or non-availability of the Website 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.

Limitation Of Liability

To the maximum extent permitted by law, Offerpal 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 Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.

Nothing in these terms and conditions excludes or restricts Offerpal’s liability for death or personal injury resulting from any negligence or fraud on the part of Offerpal.

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. However, 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.

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.

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.

Notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to hello@offerpal.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

Law And Jurisdiction

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