Terms and Conditions

General

These Terms and Conditions govern your use of the services to be provided by InstaSale. Please read them carefully. If you accept these Terms and Conditions, they apply to you and whichever service, or combination of services, you use from InstaSale.

Introduction

We are InstaSale, a trading style of TSL Media Ltd (“InstaSale”, “we”, “our”, “us”, “The Site”, “Website”), a company registered at Companies House under number 08052033 whose registered office is at 375 Eaton Road West Derby, Liverpool, L12 2AH.

By using or accessing this Website (whether as a guest or a registered user) you confirm your agreement to these Terms and Conditions. Your use of this Website is at all times subject to these Terms and Conditions (which form a legally binding contract between InstaSale and you) and all applicable laws. If you do not agree to these Terms and Conditions, do not use this Website.

Each of these Services has its own section in these Terms and Conditions with specific terms and conditions which apply to it. In addition, there is a ‘General’ section which applies to all Services, any one of the Services, and any combination of the Services.

InstaSale may revise these Terms and Conditions at any time by updating them, publishing them on the Website and notifying you by email at the email address which you have provided to InstaSale. You should check the Website from time to time to review the then current Terms and Conditions.

The InstaSale website is a portal for property sales, property purchases and related services. It enables private sellers to advertise their properties for sale and private buyers to make an offer on properties whether they are listed for sale or not. The portal provides a means for sellers, buyers and service providers to communicate with one another. InstaSale is not an estate agent and does not act as an estate agent.

Property advertising service

Advertisements on InstaSale shall be kept active for as long as you require. You are responsible for the addition and removal of a property listing from InstaSale. InstaSale may remove your property listing from its site at its sole discretion, at any time.

We make no guarantees as to the prominence, or performance of any listing that you publish.

We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time or to modify or discontinue InstaSale’s property listings. You agree not to hold InstaSale responsible for any loss you may incur as a result of InstaSale taking this action. By uploading your advertisement to our site, you irrevocably consent that we communicate the details of your advertisement to our partners for security and commercial purposes. All information provided to us is governed by our Privacy Policy.

Data feed

We shall publish an advertisement for the property on the Website and on our partners’ websites (“Partners' Websites”). The list of websites on which your property is advertised is not contractual and may vary at any time. InstaSale, at its sole discretion, will publish your property advertising on any websites it deems to be suitable and may withdraw it at any time. We shall keep the advertisement active on our Website until the property is sold or let, until you remove the advertisement, or until you tell us to remove the advertisement. To ensure Our properties are showcased across the internet as fast as possible, you agree that We may use an automated feed system to send details of properties you list on this Website to Our carefully selected partners' websites ('Partners' Websites').

We do not guarantee that any property you list on this Website will be displayed on Partners' Websites and We are not responsible for any technical problems relating to Partners' Websites. You acknowledge that your use of Partners' Websites will be subject to the Terms and Conditions set out on the relevant Partners' Website.

To the maximum extent permitted by law, We (including Our affiliates, officers, directors, agents and employees) will not be liable to you in contract, tort (including negligence) or otherwise for any liabilities, damages or losses (whether direct, indirect, consequential, special or otherwise) incurred or suffered by you or any third party in connection with Partners' Websites, or in connection with the use, inability to use, or results of the use of Partners' Websites, any websites linked to them and any materials posted on them. We do not limit liability for fraudulent misrepresentation or death and personal injury arising from Our negligence.

The only properties that We will distribute to property portals will be those advertised directly by sellers on the Website.

Fees

We do not charge private sellers to advertise on our website. There is no obligation to purchase any optional Service that this Website offers.

Some optional products and services are available for property buyers and sellers to purchase and may be subject to a charge. For each optional product you may purchase, you will pay the service provider the applicable charge listed on this Website directly (plus any applicable taxes, including any value added tax).

Copyright

In respect of any posts, photographs/videos or documents submitted by you for publication, you confirm that you own full title to such details, documents and /or photographs and you agree to grant Us an irrevocable perpetual copyright license to use those materials.

In relation to property listings, note that you cannot use photographs from an estate or letting agent's particulars without their express permission - it is your responsibility to ensure you have copyright over any materials supplied to Us for publication on your behalf and you agree to indemnify Us.

Photographs, images, descriptions and all other content published on this Site are the copyright of InstaSale and may NOT be copied from this Site or reproduced in any other advertisement or marketing, without our written consent.

You may not copy, reproduce, distribute, publish, create derivative works, store electronically, transmit or in any way exploit for commercial gains or otherwise, any content or posted information on the Site.

The InstaSale logos are registered trademarks in the United Kingdom. We do not permit the use of the logo by third parties without express permission or a license agreement.

Registration with InstaSale

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 e-mail 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.

You must be over eighteen years of age to register on our website and must ensure that the details provided by you on registration are true, accurate, current and complete.

By registering with the service, you agree that we can send you emails about your account, other InstaSale services and occasional third party offers.

You accept sole responsibility for all use of your account 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 your account or any other breach of security on this Site of which you become aware.

Refunds

Since the services provided through this Website are provided by third parties directly, we cannot issue refunds under any circumstances. We are committed to our customers and will make our best efforts to help you if you are not fully satisfied when using paid-for services provided by third parties on this Website.

Identity verification

You warrant that you own, or that you are acting on the behalf of the legal owner of, the property which you are instructing InstaSale to advertise.

On request, you shall provide us with proof of identification and proof of ownership of the property to our satisfaction. We may require you to provide Us additional information to enable us to obtain sufficient proof of your identity by electronic means. InstaSale has partnered with third parties to provide enhanced security to its site for its users. By submitting your details and a property advert on our Site, you irrevocably consent that we transmit the information you have provided to us to third parties to allow us to verify your identity, and that you are the legal owner of the property you wish to advertise on our site. If you act on the behalf of the legal owner, you must provide us all contact details of the landlord or legal owner. We will contact the legal owner to obtain its consent prior to publishing the property on our site. We may, at our sole discretion, decide to publish your property advertising.

You consent that we communicate all your details and the details of the property you are advertising with us to third parties in order to verify that you are the legal owner, or that you are acting on the behalf of the legal owner.

You consent that we communicate all your details and the details of the property you are advertising with us to third parties in order to verify that you are the legal owner, or that you are acting on the behalf of the legal owner.

Your Legal Obligations

Furniture and Furnishings (Fire Safety) Regulations 1988 (as amended) – You warrant that all furniture and furnishings in the property shall comply with the regulations above at all times.

The Electrical Equipment (Safety) Regulations 1994 - You warrant that all furniture and furnishings in the property shall comply with the regulations above at all times. You shall ensure that the electrical installation and all electrical appliances within the property are maintained in good order and regularly checked for safety by an appropriately registered engineer.

The Gas Safety (Installation & Use) Regulations 1998 – You warrant that all furniture and furnishings in the property shall comply with the above regulations at all times. You shall ensure that any gas appliances and gas supply into the property are maintained in good order and checked for safety at least every 12 months by a Gas Safe registered engineer.

Smoke and Carbon Monoxide Alarm (England) Regulations 2015 – You warrant that you have complied with the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 in respect of the property.

Energy Performance Certificate (EPC) – You warrant that there is a valid EPC in respect of the property.

Local Authority Licences – You warrant that you have obtained all licences, consents and permissions from the relevant local authority to enable you to let the property including planning permissions, building regulations consents and/or licences for multiple occupation under The Housing Act 2004. InstaSale shall not provide any Services in relation to a property where it discovers that you do not have the necessary licences, consents and/or permissions, or if you fail to provide evidence of such licences, consents and/or permissions when asked by InstaSale. If we are made aware that you do not have the requisite licences, consents and/or permissions in respect of the property, we reserve the right to inform the relevant local authority and/or existing or potential tenants.

Data Protection

We are registered under the Data Protection Act 1998. Our registration and processing of your data are governed by our Privacy Policy.

Legal Disclaimer and Limitation of Liability

Except where provided elsewhere in these Terms and Conditions, to the maximum extent permitted by law, we (including our affiliates, officers, directors, agents, subcontractors and employees) will not be liable to you in contract, tort (including negligence) or otherwise for any liabilities, damages or losses (whether direct, indirect, consequential, special or otherwise) incurred or suffered by you or any third party in connection with this site, or in connection with the use, inability to use, or results of the use of this site, any sites linked to it and any materials posted on it.

Should you not agree with any part of these Terms and Conditions or have any dispute or claim against Us or our suppliers with respect to these Terms and Conditions or the services provided on the Site, your sole and exclusive remedy will be to discontinue using the Services.

Notwithstanding the foregoing, nothing in this clause is intended to limit any statutory rights you may have as a consumer which may not be excluded, nor in any way to exclude or limit our liability to you for personal injury or death caused by our negligence

We are not liable for any consequences or loss from your use of this Website

In no event do we accept liability of any description, for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

In no event do we accept liability of any description including liability for negligence for any damages whatsoever resulting from loss of use, data or profits arising out of, or in connection with, the viewing, use or performance of this Site or its contents. The pages contained in this Site may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept neither responsibility for keeping the information in these pages up to date, nor liability for any failure to do so.

Links to Other Sites

InstaSale has provided links including Facebook and Twitter and pointers to websites maintained by third parties. Such linked sites are not under our control and we are not responsible for the contents (including the accuracy, legality or decency) of any linked site or any link contained in a linked site. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement.

You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

When selling a property you will be invited to receive free conveyancing and valuation quotes. You may receive an email or call from one of our partners offering you a free quote if you decide to accept the quote provided. When buying a property you will be invited to receive free conveyancing and survey quotes. You may receive an email or call from one of our partners offering you a free quote if you decide to accept the quote provided. These services are totally optional and there is no obligation to purchase anything. There is no obligation to receive the quote either.

Conditions of Posting

As a condition of your use of the Site you agree that you will not:

  • post or transmit any unlawful, threatening, abusive, defamatory, obscene or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.
  • post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights, or which is protected by copyright, trade mark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder.
  • post or transmit any material of any kind which contains a virus or any other harmful component

The content on our partners’ 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 their site.

Jurisdiction and Choice of Law.

These Terms and Conditions are governed by English law and the parties submit to the exclusive jurisdiction of the English courts in relation to any dispute (contractual or otherwise) concerning these Terms and Conditions.

Indemnification

You agree to indemnify, defend and hold Us and our affiliated companies, shareholders, officers, directors, employees, agents or suppliers harmless from any and all claims or demands, made by any third party due to, or arising out of, your use of the services, the violation of these Terms and Conditions by you, or the infringement by you of any intellectual property or other right of any other person or entity.

Last update: 03/06/2019