Please read these terms and conditions carefully before using this site as they are a legally binding agreement between you and us. These terms tell you the rules for using our website www.portolio.co.uk (referred to as the "Site"). Throughout this document we refer to them as the "Terms". A reference to "you" or "your" is a reference to the user of this Site.
WHO WE ARE AND HOW TO CONTACT US
We are Portolio (company number 575618) and our address is 101 Rose Street South Lane, Edinburgh, EH2 3JG; (referred to as "we" or "us" or "our"). Our VAT number is 280 0968 94. We are not a property sales or lettings agency. We are the providers of the Site. It is our members (which are letting agents doing estate agency) that display property details for you to view. To contact us, please email email@example.com or by post to our address above.
If you would like to opt out of marketing and communications from us and our nominated third parties, please contact us via email at firstname.lastname@example.org or please write us at the address in 1.1. If you have any questions about this Policy or our use of your personal information, or if you wish to unsubscribe from marketing and communication messages from us or would like to submit a subject access request, please contact us via email at email@example.com or please write to us.
BY USING OUR SITE YOU ACCEPT THESE TERMS
WE MAY MAKE CHANGES TO OUR TERMS & SITE
We amend these Terms from time to time by updating them on the Site. 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 from time to time change the content of this Site or suspend or discontinue any aspect of this Site, which may include your access to it. We will try to give you reasonable notice of any major changes.
YOUR OBLIGATIONS AND ACCEPTABLE USE
You accept that you are solely responsible for ensuring that your computer system meets all relevant technical specification necessary to use this Site and that your computer system is compatible with this Site. You must not misuse our system or this Site. In particular, you must not hack into, circumvent security or otherwise disrupt the operation of our system and this Site, or attempt to carry out any of the foregoing. This includes introducing viruses, trojans, worms, logic bombs or other material which is or could be malicious or technologically harmful. You must not misuse any forms on the Site and any forms you submit must be a genuine enquiry.
You must not use or attempt to use any automated program (including, without limitation, any spider or other web crawler) to access our system or this Site, or to fill in and/or send forms on our Site, or to search, display or obtain links to any part of this Site, other than the home page at www.portolio.co.uk, unless the automated program identifies itself uniquely in the User Agent field and is fully compliant with the Robots Exclusion Protocol (a "Permitted Program"). You must not use any scraping technology on the Site. Any such use or attempted use of an automated program (other than a Permitted Program) shall be a misuse of our system and this Site. Obtaining access to any part of our system or this Site by means of any such automated programs (other than a Permitted Program) is strictly unauthorised.
You must not upload or use inappropriate or offensive language or content or solicit any commercial services in any communication, form or email you send or submit, from or to the Site. Whenever you make use of features that allow you to upload content to our Site, or to make contact with other users via our Site, you must comply with the content standards set out in these Terms. Please see clause 6 below. You warrant that any such contribution does comply with the standards mentioned in clause 6 and you will be liable to us and indemnify us against any breach of this warranty.
INTERACTIVE SERVICES AND CONTENT
The views expressed by users on our Site do not represent our views or values.
All content that you upload to our Site must:
- Be accurate (where you state facts);
- Be genuinely held (where you state opinions); and
- Comply with the applicable law of the country from which they were posted.
Your content must not:
- Contain any material which is defamatory of any person;
- Contain any material which is obscene, offensive, hateful, discriminatory, unethical, immoral or inflammatory;
- Contain any material which does or could potentially infringe the intellectual property rights of a third party.
We will determine in our discretion whether there has been a breach of this clause 6. Where a breach of this policy has occurred we may take such action as we deem appropriate. This action may include the following:
- immediate, temporary or permanent withdrawal of your right to use our Site;
- immediate, temporary or permanent removal of any posting or material uploaded by you to our Site;
- further legal action against you; and
- disclosure of such information to law enforcement or authorities as we reasonably feel necessary.
In addition to all of our rights set out above, we reserve the right to take down any content that you upload to our Site at any time without notice and without having to give a reason.
To receive details of properties on this Site, you must submit a completed registration form to us. At our discretion, we may refuse your application for registration. If we accept your application for registration, we will confirm this by sending you an email containing your account ID. Each registration is for a single user only. You must not share your username and password with any other person or with multiple users on a network.
The information provided on this Site is for general interest only and does not constitute specific advice. You undertake that all information provided by you for the purposes of registering with us is accurate and complete.You accept sole responsibility for all use of and for keeping secret any account ID and password that may have been given to you or chosen by you for use on this Site. You will notify us immediately of any unauthorised use of them or any other breach of security of this Site of which you become aware.
We have the right to disable any account ID 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.
The copyright and all other intellectual property rights in this Site (including all database rights, trade marks, service marks, trading names, text, graphics, code, files and links) belong to us or our licensor(s). All rights are reserved. Subject to clause 4, you may download material from this Site for the sole purpose of using this 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 on or downloaded from this Site without our prior written consent.
The devices and word marks: "PORTOLIO" is our registered trade mark. You must not use or copy them without our prior written consent.
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.
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. 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.
The information provided on this Site is for general interest only and does not constitute specific advice. 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 make no warranties or representations that the property information on this Site is correct, accurate or up-to-date.
We make no warranty or guarantee that the Site or information available on it complies with laws other than those of the UK. 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.
We are not an estate agency. The details of the properties available on this Site are provided to us by third party estate agents, commercial agents, lettings agents, landlords, overseas property owners or new homes developers for your information only. We do not verify the property details provided to us and therefore make no warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at your own risk. We recommend that you check all property details with the advertising agent, landlord or developer before making any decisions or taking any action in regards to a property advertised on our Site.
BARRING FROM THE SITE
We reserve the right to bar users from this Site and/or restrict or disable their access or use of any or all elements of our services, on a permanent or temporary basis at our sole discretion. Any such user shall be notified and must not then attempt to use this Site under any other name or through any other user.
WE MAY SUSPEND OR WITHDRAW OUR SITE
Properties will only be listed on the site following payment of the agreed fee. 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. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
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.
WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
This 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 the accuracy or completeness of any of the information appearing in relation to any linked websites. The links are for your convenience only. We do not recommend any products or services advertised on those websites. If you decide to access any third party website linked from this Site, you do so at your own risk.
RULES ABOUT LINKING TO OUR SITE
You must not include links to this Site in any other Site without our prior written consent. In particular (but without limiting the foregoing) you must not include in any other Site any "deep link" to any page on this Site. You may link to our home page at www.portolio.co.uk provided that you do so in a way that does not (in our reasonable opinion) damage our reputation or expose us to risk. We reserve the right to withdraw linking permission without notice and without giving a reason. 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. 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.
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.
Subject to clause 15.1, we will not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control.
Subject to clause 15.1, 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.
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 15.1, 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.
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 programs, 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. When you use the "contact forms" on this Site to enquire about a property, your details (including your email address) will be sent by email directly to the estate agent, landlord or developer marketing the property or properties that you are enquiring about. We do not accept any liability for any subsequent communications that you receive directly from that estate agent, landlord or developer.
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.
If you are a business user, subject to clause 15.1:
- 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.
WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES?
If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by Scots law. You and we both agree that the courts of Scotland 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 in England or Wales, you may also bring proceedings in those countries. If you are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Scots law. We both agree to the exclusive jurisdiction of the courts of Scotland.
CUSTOMER FEEDBACK AND QUALITY
We try to ensure that all customer feedback is dealt with fairly and consistently, and is properly recorded. We welcome any suggestions that you make about how we may improve our service. Please write to us at Customer Services, Portolio Group Limited, using the address provided at the beginning of these Terms or contact us here. We aim to acknowledge all customer feedback. Phone calls directed to or from our advertisers, which include, but are not restricted to, third party estate agents, developers and landlords may be recorded for training and monitoring purposes.
WHAT PERSONAL DATA DO WE COLLECT ABOUT YOU?
When you visit our website, your IP address (the unique address which identifies your computer on the internet) will automatically be logged by our web server. We may automatically collect non- personal information about you such as the type of internet browsers you may use or the site from which you linked to from our website. You cannot be identified from this information and it is only used to assist us in providing an effective service. If you register, we will collect information such as your full name, address, telephone number, email address and/or other details which you may voluntarily provide.
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- Internal record keeping;
- We may use the information to improve our products and services;
- We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided;
- We will also use the information we collect to track and monitor the usage of our website and help us understand the patterns of site visits. This will help us improve our website and assist us in business processes such as record keeping.
- If you register, we may also use your personal information to allow you to access appropriate parts of the website and process any orders submitted by you.
- From time to time, we may also use your information to contact you for market research purposes. We may contact you by email only. We may use the information to customise the website according to your interests.
Security, we are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
We may only share your personal information with:
- Third parties (such as our internet service providers) who help us administer our website. These third parties must at all times provide the same levels of security for your personal information as Portolio and, where required, are bound by a legal agreement to keep your personal information private, secure and to process it only on the specific instructions of Portolio;
- Selected 3rd party companies to allow them to fulfil additional;
- Government bodies and law enforcement agencies but only:
- If we are required to do so by the requirements of any applicable law;
- If in our good faith judgement, such action is reasonably necessary to comply with legal process or not doing so would prejudice the prevention or detection of crime;
- To respond to any legal claims or actions; or
- To protect the rights of Amiqus ID, its customers and the public.
We may send an email:
- relevant to content on the site, keeping you informed about our services;
- keeping you informed of relevant changes to the service;
- informing you of planned outages and operational changes to the website;
- informing you that your Credits are nearing completion and offering you the opportunity to purchase further Credits.
If you do not wish to receive such communications, please unsubscribe at the end of any of our emails or contact us requesting you be omitted from future communications. If you have any queries regards this issue please contact us at the address provided or, e-mail us at firstname.lastname@example.org We shall not transfer your personal information outside the European Economic Area without your prior consent and not without first having assessed the adequacy of protection for individual rights in respect of personal data available in that country.
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
You may choose to restrict the collection or use of your personal information in the following ways:
- whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
- if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at [email address]
- We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
- If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible at the above address. We will promptly correct any information found to be incorrect.
Under the Data Protection Act 1998, to receive the information which we hold about you the law states that we may charge you a fee (currently £10) for providing this information. If you would like a copy, please write to us at the address below and mark your envelope “Personal information request”. Should you discover any inaccuracies, please notify us as soon as possible at the same address. We will then correct our records and notify any third parties to whom this personal data may have been supplied.
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.