Terms of Use

17th July 2018

1. Who we are and what do we do?

  1. We, HELMSMEN Limited (“we”, “our”, “us”) operate a website at www.helmsmen.co.uk (the “Site”). We also operate, or may in the future operate, Helmsmen apps for tablet, mobile and other smart devices (“Apps”). We also use social media channels and other platforms. Our Helmsmen pages and profiles on such channels and platforms, together with the Site and Apps, are our “Channels”. We are registered as a limited company in England and Wales with registration number 10918309 and our registered office is at 11 Coda Studios, 189 Munster Road, London, SW6 6AW.
  2. Our site provides homeowners with information about estate agents all over the world (“Agents”). All agents we provide information about and who are promoted on our site are independent. We do not transact properties ourselves. If you are an estate agent and want to be promoted on our site please contact agent@helmsmen.co.uk and we may agree that you can sign up as an “Agent”.
  3. If you are interested in connecting with a Helmsmen agent you can register as a Helmsmen Member (“Member”). Members can sign up to connect with agents via our “Registration Service”. You can also sign up to promotions as a member. Members agree that we may send them information about Agents and Properties which we think may be of interest to them based on the criteria they have selected. We may also provide Members with other facilities, such as maintaining a record of their performances and achievements.

2. Introduction

  1. These Terms of Use (“Terms”) apply to all users of our Site and Apps (including but not limited to Members and Agents). Please read these Terms carefully as they set out the basis on which you can use the Site, the Apps, the Registration Service and receive communications from us about Agents & Properties (together the “Service”).
  2. Additional terms and conditions apply to Agents (“Agents Terms”). When an Agent sign ups as a Helmsmen Agent we will provide, and the Agent must agree to, the Agent Terms. Agents provide us with, or publish directly onto our Channels, information and content about or relating to their Profiles (“Agent Information”). Agents are responsible for their Agent Information.
  3. We are committed to ensuring that we provide a great user experience for you when you use our Service so if you have any questions, comments, complaints or even suggestions, please get in touch via e-mail to: hello@helmsmen.com.

3. Acceptance of these terms

  1. By using any part of our Service you accept and agree to be bound by these Terms. These Terms form a legally binding contract and will govern your use and our provision of the Service. It is important that you read them carefully and make sure you understand them.
  2. We recommend that you review these Terms each time you use the Service and print a copy off for your records.
  3. We do however reserve the right to delete, add to or amend these Terms or any part of these Terms at any time. We would usually do this to reflect any changes to the Services, the technology we use, our licensing arrangement or as required by law.
  4. If we do change these Terms, we will post the changes on this page and will indicate the effective date of the Terms at the top of the page.

4. Using our services

  1. You must be at least 18 years of age to use our Services.
  2. You acknowledge that we give you access to the Services on a temporary basis but we reserve the right to withdraw or amend them at any time without notice to you. You accept that the Services are available on an “as is” basis.
  3. You are only permitted to use the Services for personal, non-commercial purposes or, if you are an Agent, in accordance with the Agent Terms.
  4. You must not:
    1. use, or cause others to use, any automated system or software to extract content or data from our Channels except in cases where you or any applicable third party has entered into a written agreement with us that expressly permits such activity;
    2. interfere with, or disrupt, our Channels or any servers or networks connected to them, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any page of the Site or the Apps are rendered or displayed in a user’s browser or device;
    3. access our Channels via any unauthorised means, including but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies);
    4. attempt to restrict another user of our Channels from using or enjoying them and you must not encourage or facilitate the breach of these Terms by others;
    5. use our Channels for any illegal or unauthorised purpose; or
    6. change, modify, adapt or alter the Site or the Apps, or change, modify or alter another website or platform so as to inaccurately imply an association with our Channels or with us.

5. Uploading your content to our channels

  1. On certain parts of our Channels, Members may be able to submit materials or information for publication on our Channels (for example for use in their profile or as feedback on an Agent (“Your Content”)). You must ensure that Your Content meets the guidelines in clause 6 below.
  2. Your Content may be moderated by us either before or after it is uploaded. We may remove or refuse to upload any of Your Content which does not in our sole discretion comply with the guidelines in clause 6.

6. Acceptable Content Guidelines

  1. Your Content must be true, accurate and not misleading.
  2. Your Content must not breach any third party rights anywhere in the world. We appreciate that you may not be an expert in rights, but by way of example:
    1. Your Content must not contain any other identifiable brands or logos; and
    2. Your Content must not include music unless you have written the music yourself or have a licence from the person who wrote and recorded the music.
  3. You must have the express consent of any individual featured in Your Content to their image and/or voice being used in accordance with the permission you grant to us below. If you do not have their consent, Your Content must not feature that individual.
  4. Your Content must not:
    1. contain any material which is or may reasonably be considered to be threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, or in breach of confidence;
    2. be illegal or infringe the rights of any third party, in any country in the world; and
    3. contain any representations on behalf of any third party and must make clear when it is an expression of your opinion.
  5. By uploading Your Content to our Channels, you hereby grant us, together with users of our Channels an irrevocable non-exclusive licence (which is unlimited in time) to view and use Your Content without restriction, including by way of example for commercial purposes.
  6. We make no guarantee that Your Content will be kept on our Channels for any length of time, and we reserve the right to remove Your Content as we see fit.
  7. For the avoidance of doubt, our Channels which are not owned by us (including social media platforms which we use) (“Third Party Platforms”) will have other terms which apply to Your Content. You are responsible for familiarising yourself with and accepting the terms of any such Third Party Platforms.

7. Availability of the service

  1. You acknowledge that we cannot guarantee that our Service will:
    1. stay the same (as we might change our Service or remove for example the Agents we advertise);
    2. be compatible with all or any hardware or software which you may use;
    3. be available all the time or at any specific time; or
    4. be error-free or free of viruses, electronic bugs, trojan horses or other harmful components and you must take your own precautions against such risks accordingly.
  2. You also acknowledge that:
    1. we cannot guarantee the speed or security of our Channels; and
    2. we will not be responsible for any damage or loss you may suffer directly or indirectly as a result of any virus attack that can be traced to our Channels to the fullest extent permissible by law.

8. Signing-up for an account with us

  1. If you would like to receive communications from us or register with an Agent, you will need to register an account with us and become a Member.
  2. When registering for an account, you promise that:
    1. you are at least 18 years of age;
    2. you have provided us with accurate and truthful information during the registration process; and
    3. you are using our Services for private non-commercial purposes.
  3. To create an account with us you can choose to link an existing account you have with any number of third parties including Google or Facebook. If you don’t have an existing account with one of these third parties you can register for an account by providing us with certain personal information and creating a username and password.
  4. You are responsible for maintaining the confidentiality of your username and password. You agree that we are entitled to assume that any person logging into our Channels or using our Service using your username and password is either you or someone doing so with your permission.
  5. If you believe someone has accessed your account or used our Services using your username and password without your authorisation, you must inform us immediately so that we can suspend your account and you must set up a new account.
  6. When registering an account, we will ask you to select certain options indicating your preferences with regards to certain Ageents. We will then use this information to send you (with your consent) communications which we think are most relevant for you. You can change your preferences at any time by adjusting the preference settings on your account.

9. Registration service

  1. Event Registration Process If you decide to use our Registration Service, the following provisions of this clause 9 will also apply.
  2. If you would like to use our Registration Service, you will need to login using your account details and password or sign in as a member and go to a sign up page. This will enable you to start the Agent Connection process (“Agent Connection process”). As part of the Agent Connection process, we shall collect from you certain registration information that is required by the Agent. Such information may include name, address, contact details, date of birth, gender, previous performance information. (“Registration Information”).
  3. To the extent you have already provided us with Registration Information for a previous Agent, we may use the Registration Information you have already provided unless you indicate otherwise during the Agent Connection process.
  4. During the Agent Connection process you may be offered products and/or services related to the Agent which are provided by the Agent or third parties with whom the Agent has a relationship, such as Mortgage brokers, removals or conveyancers (“Additional Products”).
  5. Signing-up others For some Products you may be permitted to sign-up friends, family, colleagues or other persons from who you have authority to sign up to the Agent and/or buy Additional Products for (“Other Participants”). If you sign up Other Participants for an Agent using the Agent Registration Process you are confirming that:
    1. you have authority from all Other Participants to sign them up to the Event and to provide their Registration Information;
    2. you have authority from any Other Participants who you are buying Additional Products for;
    3. you have provided all Other Participants with the Agent Terms and they accept the Agent Terms;
    4. all Other Participants agree that we, the Event Organiser and any Ticket Seller may contact them in relation to the Event and/or Additional Products, and in accordance with the Event Terms; and
    5. you will take responsibility for all Other Participants’ compliance with the Event Terms.
  6. Your “Order” shall consist of all registrations you submit to us (whether for you and/or any Other Participants) and/or any Additional Products that you select during the Agent Registration Process.
  7. You acknowledge and agree that once you have provided the relevant Registration Information and indicated your agreement to the relevant Agent Terms, we may act on your behalf as your agent to submit your Order to the Agent. Accordingly you hereby authorise us, acting on your behalf, to submit your Order. This includes authorising us to do the following on your behalf:
    1. submit the relevant Registration Information (for you and any Other Participants) to the Agent;
    2. submit an order for any Additional Products you have selected;
    3. accept the Agent Terms; and
    4. liaise directly with the Agent.
  8. When you signify your agreement to the relevant Agent Terms, you are giving an undertaking to us that you will comply with, and will ensure any Other participants comply with, the relevant Agent Terms.
  9. Our obligations Once you have completed the Agent Registration Process we will:
    1. submit your Order to the Agent; and
    2. send a confirmation of the acceptance of your Order as soon as practicable following the Agents confirmation to us.
  10. Please note that we are simply acting as a facilitator in respect of the Agent and the completion of the Agent Registration Process does not provide any guarantee that you or any Other Participants will be able to meet the relevant Agent or that the Additional Products will be supplied. Only when we have submitted your Order and received a confirmation email from the relevant Agent that your Order (or any part of your Order) has been accepted will a binding contract be formed between you and the Agent.
  11. Our commission We provide the Registration Service free of charge to you. However you should be aware that we do receive a commission from the Agent each time we register a participant for an Event and/or submit orders for Additional Products.
  12. Agents we don’t have a registration arrangements with We may promote or refer to some Agents for which the relevant Agent has not signed up as an Agent with us, and for which we cannot therefore offer our Agent Registration Service. If you want to sign up for those Agents we will direct you to their website. We have no responsibility for these third party websites and clause 15 below applies in relation to them.

10. Privacy and cookies

  1. The privacy of your personal data is important to us. Please see our Privacy Policy for details of how we will process your personal data in connection with our Service and how we use cookies and similar technologies.

11. Content on the site

  1. Access – Your access to any information, data, images photographs, videos and other content displayed on our Channels (“Channel Content”) is permitted in accordance with, and subject to your compliance with, these Terms.
  2. Restriction on use - You must not:
    1. access Channel Content via a means not authorised in writing in advance by us, including but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies);
    2. use, or cause others to use, any automated system or software to extract Channel Content except in cases where you or any applicable third party has entered into a written agreement with us that expressly permits such activity;
    3. use the Channel Content for any illegal or unauthorised purpose.
  3. Intellectual Property in our Site, Apps and the Content - The design of the Site, our Apps all software contained within them, and the Channel Content are all protected by copyright, trademarks, patents and other intellectual property rights and laws. None of the Channel Content may be copied, reproduced, transmitted, stored, sold or distributed without our prior written consent or that of the relevant licensor (where relevant). You may store or print the Channel Content for personal use only.

12. If you breach these terms

  1. If you are in breach of, or we suspect you are in breach of, these Terms then we may take any/all of the following actions:
    1. issue a warning to you;
    2. effect an immediate, temporary or permanent withdrawal of your access to your account and/or the Services and if you have submitted an Order;
    3. which we have not yet submitted to an Agent on your behalf, we may refuse to submit the Order; take legal action against you; and/or
    4. disclose such information to law enforcement authorities as we reasonably feel is necessary.
  2. The responses described above at section 12.1 are not limited and we may take any action we reasonably deem appropriate.

13. Termination

  1. We have the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms. We may also at any time, at our sole discretion, discontinue the Services or any part thereof without prior notice and you agree that we will not be liable to you or any third party for any termination of your access to the Service.
  2. If we terminate your access to the Services this should not affect any Order that has been successfully submitted for you prior to our termination and the Agent Terms of the relevant Agent will apply to your contract with them in relation to the relevant Agent and/or Additional Products.

14. Warranties and liabilities

  1. Warranties We will endeavour to provide the Services to you with reasonable care and skill and substantially as described in these Terms.
  2. Other than as set out in these Terms we will provide the Service without any representations and without any warranties of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, non-infringement compatibility, security and accuracy.
  3. Liability Nothing in these Terms shall have the effect of excluding or limiting our liability or your liability for fraud (as applicable).
  4. Nothing in these Terms shall affect your statutory rights as a consumer.
  5. Our liability to you The information contained on our Channels is for information purposes only and does not constitute advice. You should check any information on our Channels and use your own judgment before doing or not doing anything on the basis of what you see. We give no warranties of any kind in relation to our Channels or the Channel Content.
  6. We will not be liable under these Terms for any loss or damage caused by us or any of our employees or agents in circumstances where:
    1. there has been no breach of a legal duty of care which is owed by us or any of our employees or agents; and/or
    2. there has been no breach of any of these Terms by us or any of our employees or agents; and/or
    3. the loss or damage is not a reasonably foreseeable result of any breach of these Terms.
  7. You agree you will have no claim against us, in respect of any decision to remove any of our Channels or the Service or any decision to suspend or terminate your access to our Channels or any of them.
  8. You acknowledge that as part of the Service we may recommend certain Agents for you. These recommendations are based on the preferences you have selected as part of your account.
  9. In the absence of any negligence or other breach of duty by us, the use by you of our Channels is entirely at your risk.
  10. No liability for Agents As the Agents are independant and we have no control over the Agent organisation, we will not be liable to you for any injury, damage or loss you suffer as part of you participating with the Agent or otherwise in connection with Agent (including any breach by the Agent).
  11. Your liability to us You will be responsible for all claims, liabilities, damages, costs and expenses suffered or incurred by us as a result of a breach of these Terms or the Agent Terms by you or any Other Participant you have submitted a registration on behalf of.

15. Links to third party websites

  1. The Service may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such websites. We recommend you review those website’s terms and conditions and privacy policies to ensure you are happy to use them.

16. Transfer or rights and obligations

  1. You may not transfer, assign, charge or otherwise dispose of any rights or obligations arising under it or in connection with these Terms, without our prior written consent.
  2. You agree that we may transfer, assign, charge or otherwise dispose of any rights or obligations arising under it or in connection with these Terms.

17. Severance

  1. If any of these Terms should be found to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term shall be removed and the remaining terms shall survive and remain in full force and effect and continue to be binding and enforceable.

18. Third party rights

  1. A person who is not a party to these terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms but this section does not affect a right or remedy of a third party which exists or is available apart from that Act.

19. Governing law

  1. These Terms and the use of the Service generally and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

20. Notices

  1. All notices given by you to us must be given to 11 Coda Studios, 189 Munster Road or via email at hello@helmsmen.co.uk. We will give notice to you via the Site or at either the e-mail or postal address you provide to us when you set up your account.
  2. Notice will be deemed received and properly served immediately when we post it on the Site, 24 hours after an e-mail is sent, or three days after the date of posting a letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to, and received by,the specified e-mail address of the addressee.
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