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Terms

Terms and Conditions
Sellmyhome.co.uk Limited (“SMH”)

1. These Terms
1.1 Please read these terms and conditions (“Terms”) carefully they are a legal document and grant rights and responsibilities to users of the sellmyhome,co,uk website (“the Site”). You can print them or store them on your computer for later reference. By your continued use of the Site you agree to be bound by these Terms.
1.2 These Terms should be read in conjunction with SMH’s privacy policy.
1.3 If after reading these Terms you do not agree to be bound by them please exit the Site immediately.

2. About us
The Site is provided by sellmyhome.co.uk Limited (“us/we”), our registered office is 1st Floor Holborn Gate, 330 High Holborn, London, WC1V 7QT

3. Use of the site
3.1 You may use the Site only to advertise for sale properties in the England and Wales, you may not use it in connection with a business or for illegal or immoral purposes.
3.2 You may not cause any nuisance, annoyance or inconvenience to SMH, smh's customers or users of the Site. You agree to indemnify SMH against any costs, claims, expenses or legal proceedings which may be taken as a result of your use of the Site.
3.2 You agree that you are responsible for the security and use of any passwords user names to be used in accessing the Site. You agree to take all reasonable steps to protect and keep secure those passwords and usernames. If you fail to do so you will be held responsible for any unauthorised use of your passwords and usernames and any damage or loss which may arise as a result
3.3 You agree that you will not use the Site or any facility provided by SMH to send, receive, distribute, store, or otherwise deal with any material which is defamatory, offensive, illegal, obscene, subject to the intellectual property rights of others in breach of such rights, or breaches any duty of confidentiality by which you are bound.
3.4 You agree not to use the Site in any way that may be connected with the distribution of multiple unsolicited emails.
3.5 You agree to indemnify SMH against any costs, claims, expenses or legal proceedings which may be taken as a result of breach of any of the Terms & Conditions contained in these Terms. Further, SMH may at any time withdraw any access privileges which you may have to the Site or any other services or areas provided by them, if you are in contravention of any of the Terms or Conditions contained herein.
3.6 You agree to take all reasonable steps to maintain the accuracy of the information posted by yourself on the Site, either in the form of an advertisement or any other form. SMH reserve the right to remove any information in whatever form from the Site if they have reason to believe that it or any connected information is incorrect or so worded as to be misleading.
3.7 You allow a member of the SMH team access to the property being placed for sale in order to confirm the accuracy of both valuation and descriptions. Also that you are aware that whilst the property may be available on the SMH web site before this inspection has taken place uploads to specific portals will be suspended until the inspection has been confirmed.
3.8 All agreed fees and charges will be confirmed in writing, following your instructions to market your property.  Fees within the ‘Agency Package’ will become due on exchange of contracts and payable upon completion. (Unless paid in advance as part of the ‘Fixed Fee Package’)
3.9 There may be dual fee liability if you the seller has previously instructed another agent to sell the same property on a sole agency, joint sole agency basis or a sole selling rights basis. If you the seller instructs another agent on a multi agent basis during or after the period of your selling with SMH, there will be no dual fee liability.  However, our fees (payable on completion and only if we sell your property), will increase by £350 + VAT
4. Pre-Approval of Particulars
SMH will review and pre-approve any text written by the vendor regarding the property, proposed for publication on the Site before publishing the Advertisement. The Advertisement may be rejected on the grounds that its content is a breach of these Terms, that the property so advertised is located outside of England and Wales as defined by our “List of acceptable Postcodes” or any other grounds solely at SMH’s discretion.

If at any time you make changes to the material which SMH has previously approved in such a way as that material would not have received pre-approval SMH reserves the right to remove your material from the Site and to retain any monies paid over without obligation to refund any monies. This right of removal and non-refund may be exercised at the sole discretion of SMH and without good reason.

5. Contact
It remains your responsibility to maintain the contact details you have provided to us. Failure to do so will be a breach of these Terms. If we cannot contact you within 10 working days of any attempt to do so we reserve the right to remove your advertisement from the Site without Notice to you or any third party

6. Intellectual property rights
6.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.
6.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others to material posted on our site.
6.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
6.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
6.4 You must not use any part of the materials on the Site for commercial purposes without obtaining a license to do so from us or our licensors, which may be withheld without reason.
6.5 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
6.7 As the owner of the property, you agree to take full responsibility for the accuracy of the property particulars and hereby indemnify us against any costs, claims, expenses or legal proceedings which may arise as a result.
6.8 Except as expressly authorised by us you agree not to copy, download, adapt, modify, rent, lease, loan sell distribute or create derivative works of any material contained in or content of the Site in whole or in part.

7. OUR LIABILITY
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
    * All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
    * Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue; loss of business;loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor any other liability which cannot be excluded or limited under applicable law.

7.1 SMH provides links and address details to “approved suppliers” for information purposes only and in no way represents or warrants the quality, or suitability of the suppliers on the list of approved suppliers for your purposes. Any dealing between you and a supplier from the above list of suppliers is at your sole risk and SMH expressly excludes any liability for damage, loss, expenses or legal proceedings arising from your use of their services, or your contact with them.

8. Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed.  We disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents. SMH does not compile information contained in advertisements, that is solely the responsibility of the advertiser.
8.1 SMH does not make any representation or warranty as to whether any property advertised (“the Property”) on the Site is

* Free of encumberances or charges, burdened by any easements or restrictive covenants or any other unexpired right
    * Held legally or beneficially by the party so holding out
    * That any advertisement to that effect is a statement of fact
    * Not subject to any planning orders or compulsory purchase orders, or any other statutory or non-statutory conditions which may adversely affect the value of any property advertised on the Site or the right of transfer of any individual holding out their right to transfer the Property
    * Is otherwise accurately described

You should make any checks or searches or take any relevant steps which may reveal faults in title or suitability of the property for your purposes and seek independent legal and surveying advice prior to any purchase of property (If you have any queries regarding solicitors contact www.lawsociety.org.uk, for surveyors contact www.rics.org)

9. No Offer
The advertisements placed on the Site do not constitute any part of an offer or contract. It is the responsibility of the individuals concerned to make offers for purchase or sale and to conduct any relevant negotiations.  Where applicable, SMH will receive offers on behalf of the vendor and be actively involved in sales negotiation.

10. Return of Correspondence Regarding Negotiation

11. Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

12. Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
We reserve the right to remove from the Site any material for any reason without notice to you or any third parties at our sole discretion. We accept no liability for loss or damage as a result of any such removal

13. Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

14. Uploading material to our site
Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with these Terms. You warrant that any such contribution does not contain any material which is defamatory, offensive, illegal, obscene, subject to the intellectual property rights of others in breach of such rights, or breaches any duty of confidentiality by which you are bound , and you indemnify us for any breach of that warranty.
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy, or is in breach of any statutory provisions or is in any other way illegal.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with these Terms.

15. Internet Access
SMH will not accept any liability for loss or damage which arises from your accessing of the internet. You access the internet at your own risk and are bound by the laws of any relevant jurisdiction. Any loss which you suffer as a result of interrupted access or inability to access the internet shall not be the responsibility of SMH.

16. Jurisdiction and applicable law
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site [although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country]. These terms of use are governed by English law.

17. Variations
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site. You continued use of the Site will be regarded as acceptance of any changes thus published.
SMH will not accept any variation of the Terms by you unless agreed in writing. SMH is under no obligation to agree to such a variation and may withhold it at their sole discretion and without reason.

18. Notices
Notices may be served by post to our Registered Office as detailed above.
SMH may serve notice on you by post or by email. Notice shall be effective from the date of posting or the date of sending by email.

19 . Duration and Termination
These Terms bind you immediately, your use of the Site is acceptance of them, they may only be terminated if;
    * You breach any of the terms and conditions contained herein
    * SMH terminates them by written Notice served by either email or post giving 21 days notice.
    * You issue Notice in writing by post to SMH of your wish to terminate the contractual arrangement between SMH and yourself, settle any outstanding fees and giving 21 days notice.

20. Statutory Rights
Nothing contained in these Terms effects your statutory rights.

21. Payment
Payment will only be accepted by credit or debit card payable through an online system provided or authorised by SMH. Charges may be suspended at any time by SMH at their sole discretion for a period at their sole discretion. Please refer to our present scale of charges

22. Notices
Legal Notices may be served by post to our Registered Office as detailed above.
SMH may serve notice on you by post or by email. Notice shall be effective from the date of posting or the date of sending by email.

23. Your concerns
If you have any concerns about material that appears on our site, please contact info@sellmyhome.co.uk, or call us at 0845 862 8662
Thank you for visiting our site.

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