Terms and Conditions

(1) Introduction

These terms and conditions govern your use of our Web Applications; by using our Apps, you agree to accept these terms of use in full. If you disagree with our terms and conditions or any part of these terms of use, you must not use our Web Applications. 

If you register to use our Web Applications, we will ask you to expressly agree to our terms of use.

If you make an enquiry using any of our Web Application enquiry form, we may pass on the information you supply to one or more of our partner organisations, who may then contact you directly. By using our Web Applications and by agreeing to these terms and conditions, you therefore consent to us passing on your information. See our Section 4 for more information about the way we manage enquiries. 

(1a) Information we collect

We collect Information supplied to us by you through our Web Applications form (including your name, your telephone number, your email address, your postal address, the time and date of your enquiry and any other information supplied.

To use our website you must be at least 18 years of age. By using our Web Applications and by agreeing to these terms and conditions, you represent and warrent that you are at least 18 years of age. 

Our websites and partner websites use cookies.  By using our Web Applications and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our cookies policy and privacy policy.

 (2) Licence to use our Web Applications

Unless otherwise stated, we or our licensor partners and partner websites own the intellectual property rights in the Web Applications and material on the website/s. Subject to the licence below, all these intellectual property rights are reserved. 

You may view, download for caching purposes only, and print pages or other content from the Web Applications for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

You must not:

(a) republish material from our Web Applications (including republication on another website);

(b) sell, rent or sub-license material from the Web Applications; 

(c) show any material from the Web Applications in public; 

(d) reproduce, duplicate, copy or otherwise exploit material on our Web Applications for a commercial purpose; 

(e) edit or otherwise modify any material on our Web Applications; or 

(f) redistribute material from our Web Applications except for content specifically and expressly made available for redistribution (such as our and/or our partner websites newsletter/s). 

Where our content is specifically made available by us for redistribution, it may only be redistributed within your organisation. 

(3) Acceptable use 

You must not use our Web Applications in any way that causes, or may cause, damage to the Web Applications or impairment of the availability or accessibility of the Web Applications; or in any way which is unlawful, fraudulent, illegal or harmful, or in connection with any unlawful, fraudulent, illegal or harmful activity or purpose. 

You must not use our Web Applications to copy, host, transmit, store, send, use, distribute or publish any material which consists of (or is linked to) any spyware, computer virus, worm, keystroke logger, Trojan horse, rootkit or other malicious computer software. 

You must not conduct any automated or systematic data collection activities (including without limitation data mining, scraping, data extraction and data harvesting) on or in relation to our Web Applications without our express written consent. 

You must not use our Web Applications or our website and partner websites to transmit or send unsolicited commercial communications. 

You must not use our Web Applications or our website and partner websites for any purposes related to marketing without our express written consent. 

If we provide you with a user ID and password to allow you to access restricted areas of our Web Applications and website/s or other content or services, you must ensure that your user ID and password is kept confidential. We can and may disable your user ID and password in our sole discretion without explanation or notice. 

Using personal information. 

We reserve the right to use the information that you supply to us through our Web Applications to find companies and organisations who may be interested in supplying those services and products to you. We reserve the right to pass that information on to one or more of our partner companies to enable them to contact you directly. When a company or organisation first contacts you in this way, they should and will supply you with, or enable you to access, their own privacy policy.  The company or organisation to which we have passed your personal information will then become a “data controller” in respect of your personal information comprised in the Web Application enquiry. This then means, amongst other things, that they are then able to determine the purposes for which they process and use any or all of your personal information.

(4) Enquiries and leads 

Our Web Application includes an enquiry form that you can use to request information about or quotations in respect of the value of your property / recently sold properties near you. 

We may provide the information that you give us via this Web Application form to carefully selected partner companies and organisations, (referred to in this Section as a “supplier or suppliers”). 

Email and telephone enquiries that you make using the details published on our Web Application form will also be directed to or passed to a partner supplier company. 

In respect of each lead that we provide to a supplier you acknowledge that we will earn a fee.

In respect of each order that you make with a supplier company arising out of a lead that we provide to that supplier, you acknowledge that we may earn a fee. 

You further acknowledge: 

(a) we are not party to any contract entered into between you and a supplier company or organisation; 

(b) we do not comprehensively vet supplier companies or organisations; 

(c) we do not check, monitor, audit or control the identity, credit worthiness or bona fides of supplier companies or organisations; and 

(d) our Web Applications contain information supplied by third party supplier organisations, and we are not able to guarantee the accuracy of that information, 

and accordingly we will therefore not be liable to you in relation to any potential loss or damage arising out of the actions of any third party supplier organisations or your relationship with any third party supplier organisations. 

Furthermore, we are also not responsible for the enforcement of any obligations arising out of any contract between a supplier and you, and we will therefore have no obligation to mediate between the parties to any such contract. 

The provisions of this Section 4 are subject to the first paragraph of Section 7. 

(5) User generated content 

In these terms and conditions, “your user content” means any material (including without limitation images, text, audio material, video material and audio-visual material) that you submit to our Web Applications, for whatever purpose. 

You grant to us a irrevocable, worldwide, non-exclusive, royalty-free licence to use, publish, reproduce, adapt, translate and distribute your user content provided in any future or existing media.  You also grant to us and our partners the right to sub-license these rights, and the right to bring an action for any infringement of these rights. 

You represent and warrant that your user content will comply with these terms and conditions. 

Your user content must not be unlawful or illegal, must not infringe on any third party’s legal rights, and also must not be capable of giving rise to any legal action whether against us or a third party or you (in each case under any applicable law). 

Your user content (and its publication on our Web Applications,) must not: 

(a) depict violence in an explicit, gratuitous or graphic manner; 

(b) be pornographic or sexually explicit; 

(c) be untrue, inaccurate, false or misleading; 

(d) contain or consist of any instructions, advice or other information which may be acted upon and could, if acted upon, cause injury, illness or death, or any other damage or loss; 

(e) constitute spam; 

(f) be offensive, threatening, abusive, deceptive, harassing, or menacing, hateful, inflammatory or discriminatory; or 

(g) cause annoyance, needless anxiety or inconvenience to any person. 

Your user content must be appropriate, tasteful, civil and accord with generally accepted standards of behaviour and etiquette on the internet. 

You must not use our Web Applications or website/s to link to any web page or website consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions. 

You must not submit any user content to our Web Applications that is or has ever been the subject of any actual or threatened legal proceedings or other similar complaint. 

We reserve the right to remove or edit any material submitted to our Web Applications, or stored on our servers, or published or hosted upon our website and/or Web Applications. 

Notwithstanding our rights given under these terms and conditions in relation to user content, we will not undertake to monitor the publication of such content or the submission of such content to, or on, Web Applications, or stored on our servers, or published or hosted upon our website and/or Web Applications. 

(6) Limited warranties 

We do not warrant the accuracy or completeness of the information published Web Applications and/or websites; nor do we commit to ensuring that Web Applications remain available or that the material on the Web Applications is kept up-to-date. 

We exclude all warranties, representations and conditions relating to our Web Applications and websites and the use of our Web Applications (including, without limitation, all warranties implied by law of fitness for purpose, satisfactory quality and/or the use of reasonable skill and care) permitted by applicable law to the maximum extent. 

Personal information security

If and when we transfer information you supply to us through our form/s to another organisation or company, then we will do so securely. We keep such data transfers secure by encrypting transferred data utilising SSL technology.

(7) Limitations and exclusions of liability 

Nothing in our terms and conditions will: (a) exclude or limit your or our liability for personal injury or death resulting from negligence; (b) exclude or limit your or our liability for fraud and/or fraudulent misrepresentation; (c) limit any of your or our liabilities in any way not permitted by applicable law; or (d) exclude any of your or our liabilities that under applicable law may not be excluded. 

The exclusions and limitations of liability set out in this particular Section and elsewhere in these terms and conditions: (a) are subject to our preceding paragraph; and (b) govern all and any liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including any or all liabilities arising in contract, in tort (also including negligence) and for breach of and statutory duty. 

To the extent that our Web Applications and websites and the services and information on our Web Applications and websites are provided free of charge, we will not be liable for any damage or loss of any nature. 

We will also not be liable to you or any user/s in relation to any losses suffered arising from any event or events that are beyond our reasonable control. 

We will not be liable to you or any user/s in relation to any business losses suffered, including (without limitation) loss of or damage to income, revenue, profits, use, production, business, anticipated savings, contracts, goodwill or commercial opportunities.

We will not be liable to you or any user/s in relation to any loss or corruption suffered of any database, data or software.

We will not be liable to you or any user/s in relation to any special, consequential indirect or indirect or damage or loss.

You or any user/s accept that our interest is to limit any and all personal liability of our employees, officers and partners. With regard to that interest, you or any user/s accept that we as an organisation are a limited liability entity and agr, individual officers or partners in respect of any losses you or any user/s suffer in connection with our Web Applications and websites or these terms and conditions. This will not exclude or limit the liability of the company itself for the omissions and acts of our employees, officers and partners. 

(8) Indemnity 

You or any user/s hereby indemnify us and hereby undertake to keep us indemnified against any damages, costs, losses, liabilities and expenses (including without limitation any and all legal expenses and any and all amounts paid by us to any third party in settlement of any dispute or claim on the advice of our legal advisers) suffered or incurred by us arising out of any breach by you or any user/s of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions. 

(9) Breaches of these terms and conditions 

Without prejudice to any and all our other rights under these terms and conditions, if you breach any of these terms and conditions in any way, or if we or our partners reasonably suspect that you have breached these terms of use in any way, then we may: 

(a) deliver to you one or more formal warnings; 

(b) suspend your access to our Web Applications and websites temporarily; 

(c) prohibit you from accessing our Web Applications and websites permanently; 

(d) block any computers or devices using your IP address from accessing our Web Applications and websites; 

(e) contact your internet services provider (ISP) and request to them that they block your access to our Web Applications and websites; 

(f) bring legal court proceedings against you or any user/s for breach of contract or otherwise; 

[(g) delete and/or suspend your account with our Web Applications and websites;

[(h) edit and/or delete any or all of your user-generated content. 

Where we suspend, block or prohibit your access to our Web Applications and websites or a part of our partner websites, you must not take any action to circumvent such prohibition, suspension or or blocking (including creating and/or using a different account without limitation). 

(10) Trade marks 

Flying Homes Ltd and Trappic and our logos are trade marks belonging to us. We give absolutely no permission whatsoever for the use of any of these trade marks, and any such use may constitute an infringement of our rights. 

The other unregistered and registered service marks or trade marks on our Web Applications and websites are the property of their respective owners. We are not affiliated with and do not endorse any of the holders of any such rights (or unless stated otherwise) and as such we do not grant any such licence to exercise such rights. 

(11) Variation 

We may revise these terms and conditions from time to time. Revised terms and conditions will apply to the use of our Web Applications and websites as from the date of the publication of the revised terms and conditions on our Web Applications and websites. Please be prepared to regularly check these terms and conditions on this page to ensure you are familiar with the most up to date current version. 

(12) Assignment 

We may sub-contract, transfer or otherwise deal with our obligations and/or rights under these terms and conditions without obtaining your consent or notifying you. 

You may not sub-contract, transfer or otherwise deal with your obligations and/or rights under these terms and conditions. 

(13) Severability 

If a provision of these terms and conditions is determined by any court of law or other competent authority to be unenforceable and/or unlawful, the other provisions will then continue in effect.  If any unenforceable and/or unlawful provision would be enforceable or lawful if part of it were deleted, that part will then be deemed to be deleted, and then the rest of the provision will then continue in effect. 

(14) Exclusion of third party rights 

These terms and conditions are for the benefit of you, us and our partners and are not intended to benefit any other third party or to be enforceable by any other third party. The exercise of your and our rights in relation to these terms and conditions is not then subject to the consent of any third party. 

(15) Entire agreement 

These terms and conditions, along with our privacy policy, constitute the entire agreement between us and you in relationship to your use of our Web Applications and websites, and supersede any and all previous legal agreements or otherwise in respect of your use of our Web Applications and websites. 

(16) Law and jurisdiction 

These aforementioned terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of England and Wales. 

(17) Registrations and authorisations 

We have registered with The Information Commissioners Office.  You can find the online version of the register at http://www.ico.org.uk/.

Flying Homes Ltd VAT number is 123-0138-70

(18) Our details 

The full name of our company is Flying Homes Limited 

We are registered in England & Wales under registration number 07782598‎.

Our registered address is McLintocks, Summer Lane, Barnsley South Yorkshire S70 2NZ 

You can contact us by email to post@flyinghomes.co.uk, telephone 0800 68 99 420

(19) Telephone and email enquiries

Telephone calls and email enquiries that you make using the details published on our Web Applications and websites may be directed onto or passed to one or more of our business partner companies and organisations.