Last Updated: October 16, 2024
1. Agreement to Our Legal Terms
These Terms and Conditions ("Legal Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Focus Property Marketing ("Company," "we," "us," or "our"), concerning your access to and use of the website focuspropertymarketing.co.uk (the "Site") as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected to the Site (collectively, the “Services”).
By accessing the Services, you agree that you have read, understood, and agree to be bound by all of these Legal Terms. If you do not agree with all of these Legal Terms, you are expressly prohibited from using the Services and must discontinue use immediately.
We will provide prior notice of any changes to the Services you use. The modified Legal Terms will become effective upon posting or notifying you by email. By continuing to use the Services after any changes, you agree to be bound by the modified terms.
2. Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our Services, including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws. The Content and Marks are provided "AS IS" for your personal, non-commercial use or internal business purposes only.
You are granted a limited, revocable license to access and use the Services and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. You must not:
- Copy, modify, or create derivative works based on the Content without our express written consent.
- Use the Content for any commercial purposes without prior written permission.
3. User Representations
By using the Services, you represent and warrant that:
- You have the legal capacity to comply with these Legal Terms.
- You are not under the age of 13.
- You will not access the Services through automated or non-human means.
- You will not use the Services for any illegal or unauthorized purpose.
- Your use of the Services will not violate any applicable law or regulation.
If any information you provide is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your access to the Services.
4. Prohibited Activities
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us. As a user of the Services, you agree not to:
- Systematically retrieve data or other content to create a database without our written permission.
- Circumvent, disable, or otherwise interfere with the security-related features of the Services.
- Use the Services to engage in unauthorized framing, linking, or illegal activity.
- Upload or transmit harmful content such as viruses, Trojan horses, or malware.
- Misuse the platform for fraudulent or harmful purposes.
5. User Generated Contributions
The Services may allow you to chat, post, or submit content in the form of text, video, photos, comments, or other materials (“Contributions”). By posting Contributions to any part of the Services, you represent and warrant that:
- You own or have the necessary licenses, rights, and permissions to post the Contributions.
- The Contributions do not infringe on any third-party rights, including intellectual property rights.
- The Contributions are not defamatory, obscene, or otherwise harmful.
By posting Contributions, you automatically grant us a worldwide, royalty-free, fully paid, and sublicensable license to use, modify, display, and distribute the Contributions for any purpose, including commercial use. You retain ownership of your Contributions but waive all moral rights in them.
6. Contribution License
By posting your Contributions, you grant us an unrestricted, irrevocable, perpetual, transferable, worldwide license to host, use, copy, reproduce, sell, resell, publish, broadcast, and distribute such Contributions. You retain full ownership but waive any rights to claim royalties or legal actions against us for using your Contributions.
7. Services Management
We reserve the right, but not the obligation, to:
- Monitor the Services for violations of these Legal Terms.
- Take appropriate legal action against anyone who violates the law or these Legal Terms.
- Refuse or restrict access to any of your Contributions.
- Otherwise manage the Services to ensure proper functioning and protect our rights.
8. Copyright Infringements
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon your copyright, please notify us with proper documentation. If you knowingly make a false copyright infringement claim, you may be liable for damages.
9. Data Protection and Privacy
We are committed to protecting your personal data and complying with all applicable laws regarding data protection, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
- Data Collection: We may collect personal information such as your name, email address, phone number, and any other information you provide when using our Services (e.g., submitting job requests).
- Data Usage: We use the information to provide you with services, process job requests, and communicate with you. We may also use it to comply with legal obligations.
- Data Storage: Your data will be securely stored, and we take appropriate measures to protect it. Personal data is only retained as long as necessary.
- Legal Basis for Processing: We process your personal data based on consent, contract, legal obligations, or our legitimate business interests.
- Data Sharing: We do not share your personal data with third parties except to provide services or when required by law.
- Your Data Protection Rights: Under the UK GDPR, you have rights such as accessing, correcting, or deleting your personal data.
For more information, please review our Privacy Policy or contact us.
10. Service Delivery and Reshoots
Photography is a creative service, and artistic outcomes may vary. We are fully committed to ensuring client satisfaction and will work diligently until you are completely happy with the results. If the work is deemed unsatisfactory due to our performance, there will be no additional cost for reshoots. If conditions beyond our control—such as adverse weather, obstructive vehicles, ongoing construction, or unexpected property issues—prevent the shoot from proceeding, the client will not be charged for rescheduling. In such cases, we will reschedule the shoot at no additional cost. However, if the property is not ready or accessible due to reasons within the client's control, a return fee of £50 will apply to cover travel and other associated costs.
11. Client Responsibilities
The client is responsible for ensuring safe and timely access to the property for the scheduled photoshoot. The property must be in a presentable condition. If the property is not ready, the client may incur rescheduling costs.
12. Cancellation Policy
Cancellations made more than 24 hours before the scheduled appointment will not incur a fee. However, cancellations within 24 hours will incur a cancellation fee of 60% of the total service fee.
13. Intellectual Property and Licensing
All photographs and materials remain our property until full payment is received. Upon payment, the client receives a limited license for the intended purpose. Images cannot be resold or transferred without permission. We reserve the right to use images for our portfolio and marketing unless otherwise agreed in writing.
14. Limitation of Liability
We will use reasonable skill and care to provide services as agreed. However, we are not liable for delays caused by factors outside our control. Our liability is limited to the amount paid for the services and excludes indirect or consequential losses.
15. Governing Law
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the United Kingdom.
16. Dispute Resolution
If you have any concerns or disputes about the Services provided by Focus Property Marketing, you agree to first try to resolve the dispute informally by contacting us. If the dispute remains unresolved after 30 days, either party may initiate further action.
17. User Data
We maintain data you transmit for managing the Services. While we perform regular backups, you are responsible for your data. We have no liability for data loss or corruption.
18. Electronic Communications, Transactions, and Signatures
By using the Services, you consent to receive electronic communications. You agree that electronic signatures and records are legally binding.
19. Miscellaneous
These Legal Terms and any policies constitute the entire agreement between you and us. We may assign our rights and obligations at any time. We are not liable for failure to act due to causes beyond our control.
Contact Us
If you have questions about this Privacy Policy or wish to exercise your rights, please contact us at:
Focus Property Marketing
Email: info@focuspropertymarketing.co.uk
Phone: +44 7414 797669
Address: Flat 4, 2 Catharine Place, Bath, BA1 2PR, United Kingdom
