Terms of Service
These Terms of Service, together with any and all other documents referred to herein, set out the terms under which you may use Our Platform to create, edit, and host Virtual Viewings. Please read these Terms of Service carefully and ensure that you understand them. You will be required to read and accept these Terms of Service in order to use Our Platform and create, edit, and host a Virtual Viewing. If you do not agree to comply with and be bound by these Terms of Service, you will not be able to use Our Platform. These Terms of Service, as well as any and all Contracts are in the English language only.
1. Definitions and Interpretation
- In these Terms of Service, unless the context otherwise requires, the following expressions have the following meanings:
means an account required to access and/or use certain areas of Our Site including Our Platform;
means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site (including, but not limited to, Our Platform);
means a contract for the purchase of a Virtual Viewing, as explained in Clause 6;
“Data Protection Legislation”
means 1) unless and until EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations, and secondary legislation (as amended from time to time), in the UK and subsequently 2) any legislation which succeeds the GDPR;
means collectively the online facilities, tools, services, and information that We provide through Our Site for the creation, editing, and hosting of Virtual Viewings;
means a user of Our Site;
means any Content submitted by a User;
means a website created by a User using Our Platform, which shall contain User Content and be hosted by Us; and
means evry360 Ltd, a company registered in England
under 12877204, whose registered address is 139 Middleton Boulevard, Wollaton, Nottingham NG2 1FW.
2. Information About Us
- Our Site, evry360.com, is owned and operated by evry360 Ltd, a limited company registered in England under 12877204, whose registered address is 139 Middleton Boulevard, Wollaton, Nottingham NG2 1FW. Our VAT number is GB361558683.
3. Age Restrictions
Consumers may only use Our Platform and create Virtual Viewings if they are at least 18 years of age.
4. Access and Changes to Our Platform
We may from time to time make changes to Our Platform:
- Minor changes may be required to make underlying technical alterations, for example, to fix an error or to address a security We will inform you by email of any such changes (including, if applicable, anything that you need to do), however they will be unlikely to materially affect your use of Our Platform or the availability of your Virtual Viewing(s);
- Minor changes may be made to reflect changes in the law or other regulatory requirements. We will inform you by email of any such changes (including, if applicable, anything that you need to do), however they will be unlikely to materially affect your use of Our Platform or the availability of your Virtual Viewing(s); and
- We may continue to develop and improve Our Platform over time, in some cases making significant changes to You will be kept fully informed of any and all such changes.
- We will always aim to ensure that Our Platform and your Virtual Viewing(s) are available at all times. In certain limited cases, however, We may need to temporarily suspend availability to make certain changes. Unless We are responding to an emergency or an urgent issue, We will inform you in advance of any interruptions to
5. Subscriptions, Pricing and Availability
- We make all reasonable efforts to ensure that all descriptions of the services available from Us (specifically, Our Platform, providing creation and editing tools, and hosting for Virtual Viewings) correspond to the actual services that will be provided and/or made available to
- We may from time to time change Our prices. Changes in price will not affect any Virtual Viewings that you have already purchased but will apply to any subsequent Virtual Viewings. We will inform you of any change in price at least three months before the change is due to take
- All Viewing prices are checked by Us when your purchase is processed. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing before processing your purchase to ask you how you wish to proceed. We will not charge you until you respond. If We do not receive a response from you within seven days, We will treat your purchase as cancelled and notify you accordingly in writing.
- If the price of a Virtual Viewing that you have ordered changes between your order being placed and Us processing that order and taking payment, you will be charged the price shown on Our Site at the time of placing your
- Our pricing does not include VAT. If the VAT rate changes between your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking
- Payment for virtual viewings is always be made in arrears. Your chosen accounts contact will be invoiced monthly in arrears for any virtual viewings publish during the preceding
- We accept the following methods of payment:
- Electrotonic bank
- If you do not make any payment due to Us on time, We may suspend your access to Our Platform and the availability of your Virtual Viewing(s). If you do not make payment within 30 days of Our reminder, We may remove the virtual viewings. Any outstanding sums due to Us will remain due and
- If you believe that We have charged you an incorrect amount, please contact Us at email@example.com as soon as reasonably possible to let us know. You will not be charged while availability is
7. Our Intellectual Property Rights and Licence
We grant you a limited, non-exclusive, revocable, worldwide, non-transferable licence to use Our Platform to create, edit, and host Virtual Viewings for personal (including research and private study) and business purposes, subject to these Terms of
Subject to the licence granted to Us under sub-Clause 9.3, you retain the ownership of copyright and other intellectual property rights in your User Content (subject to any third party rights in that User Content and the terms of any licence under which you use such Content).
All other Content included in Our Platform (including all user-facing material, and all underlying material such as code, software, and databases) and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and
By accepting these Terms of Service, you hereby undertake:
- Not to copy, download or otherwise attempt to acquire any part of Our Platform;
- Not to disassemble, decompile or otherwise reverse engineer Our Platform;
- Not to allow or facilitate any use of Our Platform that would constitute a breach of these Terms of Service; and
- Not to embed or otherwise distribute Our Platform on any website, ftp server or
8. Virtual Viewings and User Content
- You agree that you will be solely responsible for any and all User Content that you upload to Our Platform and for any and all Virtual Viewings that you create using Our Platform. Specifically, you agree, represent and warrant that you have the right to create or upload the User Content and/or User Site and the right to use all materials of which it is comprised and that it will not contravene any aspect of Our Acceptable Usage Policy, detailed in Clause
- You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub- Clause 9.1. You will be responsible for any loss or damage suffered by Us as a result of such
- You (or your licensors, as appropriate) retain ownership of your User Content and Virtual Viewing(s) and all intellectual property rights subsisting therein (except to the extent that a User Site incorporates Content belonging to Us (including, but not limited to, that forming part of Our Platform)). By creating or uploading User Content and/or User Site, you grant Us an unconditional, non- exclusive, fully transferable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence the same for the purposes of operating Our Site and Platform and providing Our
- If you wish to remove User Content or Virtual Viewings, you may do so by contacting firstname.lastname@example.org. Removing User Content and Virtual Viewings also revokes the licence granted to Us to use the same under sub- Clause 9.3. You acknowledge, however, that caching or references to your User Content and/or Virtual Viewing(s) may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
- We may reject, reclassify, or remove any User Content and/or Virtual Viewings created or uploaded using Our Platform where, in Our sole opinion, such User Content or Virtual Viewings violate Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content or Virtual Viewing(s) in question should be removed as a
9. Acceptable Usage Policy
You may only use Our Platform in a manner that is lawful and that complies with the provisions of this Clause 10. Specifically:
- You must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;
- You must not use Our Platform in any way, or for any purpose, that is unlawful or fraudulent;
- You must not use Our Platform or your Virtual Viewing(s) for unauthorised mass-communications, commonly referred to as “spam” or “junk mail”;
- You must not use Our Platform to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or any data of any kind; and
- You must not use Our Platform in any way, or for any purpose, that is intended to harm any person or persons in any way.
The following types of User Content and/or User Site are not permitted on Our Platform and you must not create, submit, communicate, link to, or otherwise do anything that:
- is sexually explicit;
- is obscene, deliberately offensive, hateful, or otherwise inflammatory;
- promotes violence;
- promotes or assists in any form of unlawful activity;
- discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
- is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
- is calculated or otherwise likely to deceive;
- is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
- misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 2);
- implies any form of affiliation with Us where none exists;
- infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
- is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of
We reserve the right to suspend or terminate your Account, the availability of your Virtual Viewing(s), and/or your access to Our Platform if you materially breach the provisions of this Clause 10 or any of the other provisions of these Terms of Service. Specifically, We may take one or more of the following actions:
- Suspend, whether temporarily or permanently, your Account and/or your right to access Our Platform (for more details regarding such cancellation, please refer to sub-Clause 9);
- Remove any of your User Content and/or Virtual Viewing(s) (or any part thereof) which violates this Acceptable Usage Policy;
- Issue you with a written warning;
- Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
- Take further legal action against you as appropriate;
- Disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
- Any other actions which We deem reasonably appropriate (and lawful).
- We hereby exclude any and all liability arising out of any actions (including, but not limited to, those set out above) that We may take in response to breaches of these Terms of
10. Problems with Our Platform and Consumers’ Legal Rights
If you have any questions or complaints regarding Our Platform or any other aspect of Our service, please email Us at email@example.com or by using any of the methods provided on Our contact page at evry360.com/contact/
If you are a consumer, you have certain legal rights under the Consumer Rights Act 2015 that may apply to Our Platform:
- Any digital content provided by Us must be as described, fit for purpose, and of satisfactory If digital content is faulty, you may be entitled to a repair or replacement. If a fault cannot be remedied, or has not been remedied within a reasonable time and without significant inconvenience to you, you may be entitled to a full or partial refund. If, as a result of Our failure to exercise reasonable care and skill, any digital content of which Our Platform is comprised (that is not User Content or any part of a User Site that is not Our Content) damages your device or other digital content belonging to you, you may be entitled to a repair or compensation.
- Any services provided by Us must be provided with reasonable care and skill and in compliance with information provided by If We fail to do so, you may be entitled to require Us to repeat or otherwise fix the problem or, if We cannot provide such a remedy, a full or partial refund.
- For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards
Please note that We will not be liable under this Clause 10 if We informed you of the fault(s) or other problems with a particular part of Our Platform or service before you used it and it is that same issue that has now caused the problem (for example, if you are testing a pre-release alpha or beta version of a feature and We have warned you that it may contain faults that could harm your device or other digital content); if you are using Our Platform for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Platform for that purpose; or if the problem is the result of misuse or intentional or careless damage.
Refunds (whether full or partial) under this Clause 10 will be issued within 14 calendar days of the day on which We agree that you are entitled to the
- Refunds under this Clause 10 will be made using the same payment method that you used when purchasing your
No part of Our Platform or any accompanying documentation (whether provided in electronic form or otherwise) constitutes advice on which you should rely and is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to any aspect of our
Subject to your legal rights if you are a consumer (as summarised above in Clause 10), insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Platform will meet your requirements, 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 software and hardware, or that it will be
We make reasonable efforts to ensure that the content contained within Our Platform is complete, accurate and up-to-date. We do not, however, make representations, warranties or guarantees (whether express or implied) that Our Platform (and the content therein) is complete, accurate or up-to-date.
We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in any User Content or Virtual Viewings created, uploaded, or hosted using Our Platform. Any such opinions, views, or values are those of the relevant User, and do not reflect Our opinions, views, or values in any
We are not responsible for any aspect of any services provided by Third Party Service Providers, nor do we endorse those services in any
Your use of services provided by Third Party Service Providers shall be subject to the terms and conditions specific to those services. We will not be party to any contracts or agreements between you and Third Party Service Providers, nor will we be responsible for such transactions in any
12. Our Liability
If you are a consumer, We will be liable to you for any foreseeable loss or damage that is caused by Us as a result of Our breach of these Terms of Service or Our failure to exercise reasonable care and skill. Loss or damage is foreseeable if it is either obvious that it will occur or was contemplated by you and Us when the Contract between us was
If you are a business, to the fullest extent permissible by law, We accept no liability for any foreseeable loss in contract, tort (including negligence), for breach of statutory duty, or otherwise arising out of or in connection with the use of (or inability to use) Our Platform or the use of or reliance upon any Content (whether that Content is provided by Us or whether it is User Content) included in Our Platform.
To the fullest extent permissible by law, We accept no liability to consumers or businesses for loss or damage that is not
To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Platform or any Content (including User Content) included in Our
If you are a business, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or
We exercise all reasonable skill and care to ensure that Our Platform is free from viruses and other malware. Subject to sub-Clause 10.2.1, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Platform (including the downloading of any Content (including User Content) from it) or any other website or service that We may provide a link to.
We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Platform or any User Content or Virtual Viewings resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and
Nothing in these Terms of Service excludes or restricts Our liability in any situation where it would be unlawful for us to do so including fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of applicable consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards
13. Viruses, Malware and Security
We exercise all reasonable skill and care to ensure that Our Platform is secure and free from viruses and other malware [including, but not limited to, the scanning of any and all User Content for viruses and malware as it is uploaded]. We do not, however, guarantee that Our Platform or any User Content or Virtual Viewings are secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 6.
You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security
You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Platform.
You must not attempt to gain unauthorised access to any part of Our Platform, the server on which Our Platform is stored, or any other server, computer, or database connected to Our
You must not attach Our Platform by means of a denial of service attack, a distributed denial of service attack, or by any other
By breaching the provisions of sub-Clauses 3 to 14.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Platform will cease immediately in the event of such a breach and, where applicable, your Account, User Content, and Virtual Viewing(s) will be suspended and/or deleted.
Consumers (but not business customers) in the European Union have a legal right to a “cooling-off” period within which distance sales contracts (including those formed online) can be cancelled for any This period, if applicable, begins once a contract is formed and ends at the end of 14 calendar days after that date.
Please note, however, that, as explained in sub-Clause 9, because access to Our Platform is made available immediately upon the purchase of a Virtual Viewing, the 14-day cooling-off period does not apply.
You may cancel at any time in the following limited circumstances and you may be entitled to a full or partial refund for services or digital content not provided:
- We have incorrectly described Our Platform or it is faulty (please refer to Clause 11 for more details); or
- We have informed you of an upcoming change to Our Platform or to these Terms of Service that you do not agree to; or
- We have informed you of an error in the price or description of your Subscription or Our Platform and you do not wish to continue; or
- There is a risk that the availability of Our Platform and/or your Virtual Viewing(s) may be significantly delayed due to events outside of Our control; or
- We have breached these Terms of Service or have in any way failed to comply with Our legal obligations to
Any and all refunds due to you will be made no later than 14 calendar days after the date on which We acknowledge your cancellation. Refunds will be made to your original payment
15. Contacting Us
If you wish to contact Us with general questions or complaints, you may contact Us by email at firstname.lastname@example.org, or by post at 139 Middleton Boulevard, Wollaton, Nottingham NG2
For matters relating Our Platform or your Subscription, please contact Us by email at email@example.com, or by post at 139 Middleton Boulevard, Wollaton, Nottingham NG2
16. Complaints and Feedback
We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
In writing, addressed to Support at 139 Middleton Boulevard, Wollaton, Nottingham. NG8 1FW
By email, addressed to firstname.lastname@example.org
17. Privacy and Cookies
18. How We Use Your Personal Information (Data Protection)
All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the
19. Data Protection and Virtual Viewings
Both Users and Us shall comply with all requirements of the Data Protection Legislation. With respect to personal data hosted by Us on behalf of a User, for the purposes of the Data Protection Legislation, the User is the data controller and We are the data processor (as defined in the Data Protection Legislation).
You must ensure that, with respect to your Virtual Viewing(s) and any and all User Content, you have all necessary and appropriate consents and notices in place in order to enable the lawful transfer of personal data to Us for
Any and all personal data processed by Us (as a data processor) on your behalf (as a data controller) in the course of providing our Platform and hosting your Virtual Viewing(s) shall be processed in accordance with the terms of a separate Data Processing Agreement between Us and you, as per the requirements of the Data Protection
20. Other Important Terms
We may transfer (assign) Our obligations and rights under these Terms of Service (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Service (and the Contract) will not be affected and Our obligations under these Terms of Service (and the Contract) will be transferred to the third party who will remain bound by them.
The Contract is between you and It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Service.
If any of the provisions of these Terms of Service are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms of Service. The remainder of these Terms of Service shall be valid and enforceable.
No failure or delay by Us in exercising any of Our rights under these Terms of Service means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Service means that We will waive any subsequent breach of the same or any other
We may revise these Terms of Service from time to time in response to changes in relevant laws and other regulatory
21. Law and Jurisdiction
These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England &
If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 22.1 above takes away or reduces your rights as a consumer to rely on those
If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your
If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England &