3up2down Terms & Conditions

Section 1 - Introduction

1.1 These terms and conditions govern your use of this website and by using the website/services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these terms and conditions you must immediately stop using the website/services.

1.2 Governing Law

English law governs these terms and conditions and you agree that the English Courts shall have exclusive jurisdiction to determine any matter or dispute in connection with or arising out of this site and these terms and conditions.

1.3 This agreement ("the Agreement") is made between 3up2down LLP ("3up2down", "We") and the User ("You", "Your", "advertiser", "Members","User").
Section 2 - Your responsibilities

2.0 All members must be aged 18 years or over.

2.1 Only ONE account is permitted per individual member (trade users may have multiple accounts).

2.2 You must keep your password private and not disclose it to anyone.

2.3 All information/enquiries on the site must be in English.

2.4 You accept that 3up2down takes no responsibility for the accuracy of the information contained in these web pages, documents or adverts.

2.5 All property adverts and the contents within each advert are supplied and edited directly by you the advertiser.

2.5 The advertiser takes full responsibility for gaining any approval required prior to uploading photographs or other material. 3up2down cannot be held responsible for any issues arising due to copyright protection on photographs or any other material.

2.6 If you are advertising a property you must have the legal right to sell, rent or advertise the property.

2.7 If you are advertising a property and have entered into a contact with an estate agent or letting agent, it is your responsibility to check the terms and conditions of any contract you have entered into to ensure they allow you to rent/sell privately. 3up2down will not be responsible for the payment of any fees/commissions due under any legal contract that you have entered into.

2.8 You will login and update your advert once the advertised property is "sold subject to contract", "sold", "rented" or "let agreed".

2.9 You will only upload pictures of the property "For Sale" or "For Rent" or pictures that help promote the property "For Sale" or "Rent" (property photographs, floor plans, home energy certificate etc).

2.10 If the property you are advertising requires a Home Information Pack (HIP) you will order your HIP before placing your advert on 3up2down. You will be responsible for ensuring that you comply with this requirement.

2.11 If you order a "For Sale" board you must comply with local authority planning regulations when erecting and displaying your board.

2.12 You must NOT use any other "For Sale" or "For Rent" board to promote your advert on 3up2down other than the official 3up2down board.

2.13 You will be responsible as the advertiser for conducting viewing's on the property.

Members must not:

2.14 Create false, inaccurate or misleading adverts; (Property Misdescriptions Act 1991).

2.15 Use any form of offensive, menacing, abusive or defamatory terms.

2.16 Breach copyright or infringe any third party's copyright, patent or trademark.

2.17 Mention other websites in their advert.

2.18 Breach any applicable laws or regulations.

2.19 Register, if they are in direct competition to 3up2down i.e. other online property websites (estate agents/letting agents, are allowed).

2.20 Upload or attempt to upload any computer viruses.

2.21 Duplicate their advert to increase visibility - More than ONE advert for the same property is NOT permitted (however the same property can be advertised "For Sale" and "For Rent".

2.22 Manipulate the advert address to increase visibility - The property address should reflect the properties location as listed by the postal service.

2.23 You must not attempt to change the address of an advert once created (typo mistakes can be corrected by contacting support).
Section 3 - Rejection or Removal of Adverts by 3up2down

3.0 3up2down has a right to reject or remove any advert it feels is unsuitable or does not comply with its terms and conditions without prior warning. If an advert is rejected or removed by 3up2down the advertiser shall receive notification either by email or letter. After notification to reject or remove an advert 3up2down may decide to prohibit any adverts submitted by that individual (or company etc).

3.1 If after notification of the prohibition the individual (or company etc) continues to submit adverts they may be charged an administration charged @ £15 for every submitted advert. If any services have been purchased no refund will be paid.
Section 4 - 3up2down LLP responsibility

4.0 Free adverts will be published within 48 hours.

4.1 If you have ordered a "For Sale" board, please allow 3 – 5 working days for delivery.

4.2 Marketing upgrades (excluding the for sale board) are activated and become live on the website once you have successfully paid.

4.3 All advert upgrades (excluding the for sale board) are time limited and are not transferable.

4.4 When your property is sold or rented 3up2down will keep displaying your advert for a set time period (just in case your sale falls through etc). However, if the status of your property remains ‘sold’ or ‘rented’ after 8 weeks the advert will be removed automatically from our system and any attached advert upgrades will also expire.

4.5 If you have upgraded your account to receive Mobile Phone Text Alerts 3up2down will provide the service for the time period purchased, unless you have reached the maximum SMS text limit confirmed on the website.

4.6 3up2down will endeavour to ensure that the website is accessible for 24 hours a day. However we reserve the right to take the site 'off-line' without prior notice for essential maintenance and upgrades. 3up2down do not accept liability for any losses, financial or otherwise, caused by the unavailability of the website or any failure of the website to perform correctly.

4.7 3up2down LLP cannot warrant that the site is free of viruses or technical defects of any description and will not be responsible for any technical problems arising from the use of the site.

4.8 Although we have taken all reasonable care to ensure that the information provided on this site is accurate we give no warranties of any kind, express or implied, with regard to the accuracy, timeliness or completeness of any such information.

4.9 Opinions and any other contents at the site are provided by us for personal use and informational purposes only and are subject to change without notice.

4.10 Nothing contained on the site constitutes investment, legal, tax or other advice and is not to be relied on in making a decision. You should obtain relevant and specific professional advice before making any decision.
Section 5 - Refunds

5.0 Once payment for an advert upgrade has been received, any errors must be reported within 24 hours, no refunds will be given for errors reported after this time. However, if you have received an enquiry on the property within the 24 hour refund period, no refund will be paid.

5.1 Mobile Phone Text Alerts. No refunds will be paid for unused SMS Text credits. We provide the service for a set time period and cap the amount of SMS Text messages you are able to receive.

5.2 Mobile Phone Text Alerts. No refunds will be paid should you be unable to receive your SMS text messages as a result of your network availability.

5.3 For sale boards. Once you have received your "For Sale" board you have 7 working days to return it to us for a refund. All returned "For Sale" boards must be new, unused and sent in its original packaging. We recommend that you send it by recorded delivery so you have evidence that its been returned. Please note that the cost of returning this item is the responsibility of the customer.
Section 6 - Data Protection, Our Privacy Policy

6.0 This privacy policy explains how 3up2down treat the information that you have provided and how it is used.

6.1 3up2down is registered under the Data Protection Act registration number: Z9990223. We do not store any credit or debit card details from transactions and use a secure checkout using Worldpay to process all our credit and debit card payments.

6.2 This website uses cookies for the purpose of authenticating users and maintaining functions such as, account login, my favourites, and other site preferences. For this reason cookies need to be enabled for this website to function correctly.

6.3 When you place an advert on 3up2down certain personal information and data will be captured and stored electronically on our database. In order to promote your property we may upload or pass data on your property onto third party websites and companies, this may also include personal contact details in order to promote your property to a wider audience.

6.4 From time to time we may use information we hold about you to inform you of any offers or products we think may be of interest to you. If at any time you decide that you would not like to receive this information then you may unsubscribe either by logging on to your account or by emailing us at offersunsubscribe@3up2down.com.
Section 7 - Third Party Products and Services

7.0 Where we provide hypertext links to third party Internet web sites, such links are not an endorsement by us of any products or services in such web sites. You use such links entirely at your own risk and we accept no responsibility or liability for the content, use or availability of such web sites. We have not verified the truth or accuracy of any content of such web sites.

7.1 This site may also contain some material provided by third parties and we accept no responsibility or liability for the accuracy of such material.
Section 8 - Copyright, all rights reserved

8.0 This website and all the materials contained in it are protected by intellectual property rights including copyright and is either the property of 3up2down or we are permitted/licensed to us to use such information. Materials include, but are not limited to, the design, look, layout, appearance, our logo and other graphics and documents on the website as well as other content such as adverts and other text.

8.1 You may not download (all or in part), transmit or modify the site without our prior permission. However, you may print out all or part of the site for your own personal use.

8.2 You may, without our consent, link to this website from another website only if you agree with our guidelines.
- Links must be to the homepage
- You must not create a frame or any other border around our website
- The site from which you wish to link must comply with all relevant laws and regulations and must not contain content which may be considered to be distasteful, offensive or damaging to 3up2down.
Section 9 - Changes

9.0 We reserve the right to update and change our privacy policy without prior notice; all changes will take effect immediately.