We've been doing the rounds
1.
These Terms
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.
2.
These Terms should be read in conjunction with
SMH’s privacy policy.
3.
These terms and conditions are in addition to
the ‘Terms of Business’ related to each sales option offered by us. In the event of conflict between
terms and conditions herein and the authorised Terms of Business, these Terms and Conditions herein will
be subordinate.
4.
If after reading these Terms you do not agree to
be bound by them please exit the Site immediately.
2.
About us
1.
The Site is provided by Online Estate Agents Ltd
T/A Sellmyhome.co.uk (“us/we”). Our registered and operating address is 61 Abbey street, Leicester LE1
3TE.
3.
Use of the site
1.
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 that may be taken as a result of your use of the Site.
2.
You agree that you are responsible for the
security and use of any passwords and 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 that
may arise as a result
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.
4.
You agree not to use the Site in any way that
may be connected with the distribution of multiple unsolicited emails.
5.
You agree to indemnify SMH against any costs,
claims, expenses or legal proceedings that 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 that
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.
6.
As the selling customer, you will verify
information displayed by SMH in relation to your property and will advise SMH of any inaccuracies. Any
material changes which may affect a property's description post instruction must be informed to SMH by
you, the selling customer. SMH complies with the Property Misdescriptions Act 1991. (Please note the
Property Misdescriptions Act 1991 has been repealed and the Consumer Protection from Unfair trading
Regulations has replaced it.)
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.
8.
All agreed fees and charges will be charged as
advertised on sellmyhome.co.uk. Any commission fees owed to SMH will become due on exchange of contracts
and payable upon completion for the essential and traditional package. This will be paid out of the
final completion funds by your solicitor For the modern auction service any commission fees owed to SMH
become due and payable on exchange of contracts. This will be paid by the buyer to SMH upon exchange of
contracts If you dispute the work carried out and fees due, you must do so in writing prior to the
completion date.
4.
Pre-Approval of property listings
1.
SMH will review and pre-approve any property
listing proposed for publication on the Site before publishing. The listing may be rejected on the
grounds that its content is a breach of these Terms, that the property so advertised is located outside
of our “List of acceptable Postcodes” or any other grounds solely at SMH’s discretion.
2.
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 without obligation to refund any monies.
3.
For vendors wishing to sell a property in
Scotland, they are legally obliged to commission a Home Report prior to the property being marketed.
This report needs to be produced by an independent provider, and therefore SMH can have no role in
producing this documentation. It is the vendor’s responsibility to produce this document, and SMH will
only market the property once we have been sent the full report.
5.
Contact
1.
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
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.
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.
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.
4.
Our status (and that of any identified
contributors) as the authors of material on our site must always be acknowledged.
5.
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.
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.
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 that may arise as a result.
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
1.
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:
2.
All conditions, warranties and other terms which
might otherwise be implied by statute, common law or the law of equity.
3.
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:
4.
This does not affect our liability for death or
personal injury arising from our negligence, nor any other liability that cannot be excluded or limited
under applicable law.
5.
SMH will offer its selling clients and
prospective purchasers additional services such as but not limited to mortgages, insurances, pensions
and investments and conveyancing from which SMH may derive a commission.
8.
Reliance on information posted
1.
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.
2.
SMH does not make any representation or warranty
as to whether any property advertised (“the Property”) on the Site is
3.
You should make any checks or searches or take
any relevant steps that 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
1.
The property listings placed on the Site do not
constitute any part of an offer or contract. SMH will receive offers on behalf of the vendor and
therefore could be actively involved in sales negotiation, if requested.
10.
Correspondence and general management
1.
Where applicable, the Sellmyhome team will
manage all correspondence between buyers and sellers. This may be limited to pre-offer activity or Sales
completion activity, dependent on your chosen sales option or ‘add-on’ services. A member of the team
will take responsibility for communicating all offers, viewing requests, any feedback and all requests
for information.
11.
Viruses, hacking and other offences
1.
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.
2.
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.
3.
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
1.
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.
2.
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
1.
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
1.
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.
2.
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.
3.
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.
4.
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
1.
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
1.
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
1.
We may revise these terms of use at any time by
amending this page.
2.
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.
18.
Notices
1.
Notices may be served by post to our Registered
Office as detailed above.
2.
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
1.
These Terms bind you immediately, your use of
the Site is acceptance of them, they may only be terminated if;
20.
Statutory Rights
1.
Nothing contained in these Terms affects your
statutory rights.
21.
Payment
1.
Where applicable, payment will only be accepted
by BACS bank transfer 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.
Confidentiality, Privacy & Data Protection
1.
SELLMYHOME.CO.UK (‘SMH’) is the ‘Controller’ for
data protection purposes. This means that SMH collects and holds your information and decides what it
will be used for. SMH is subject to the requirements of data protection legislation applicable to the UK
and must use your personal data in accordance with the law. Online Estate Agents Ltd is registered with
the Information Commissioner’s Office (ICO), with registration number ZA526739. SMH’s contact details
are: Address: Online Estate Agents Ltd, Office: 61 Abbey street Leicester LE13TE.
2.
SMH keeps your information confidential and will
not disclose it to third parties unless disclosure is:
3.
SMH uses your information primarily to provide
estate agency services to you. SMH also uses your information for: accounting and billing purposes; to
comply with legal and regulatory obligations, and to manage its business effectively. SMH may also send
you information about its services or events that it thinks may be of interest to you. You will be given
an option to opt-out of receiving these communications.
4.
SMH is a trading brand of Online Estate Agents Ltd . Online Estate Agents Ltd also owns RENTMYHOME.CO.UK, MANAGEMYHOME.CO.UK and SELLMYHOME.CO.UK . The same staff work in each and the same records management systems are used in all companies. This
means that your information will be visible across all of the companies albeit by exactly the same staff
that are also working in the company that you have instructed.
5.
SMH may work with other professionals such as
solicitors, surveyors, mortgage brokers etc. to progress your property matter, and may need to disclose
relevant information about you to them in order to provide their services to you. Please contact SMH if
you have any queries about this.
6.
Sometimes SMH outsources part of its work to
other people or companies to improve efficiency in its services and your customer experience. For
example, SMH outsources property photography. SMH will always carry out due diligence and obtain
confidentiality agreements from such outsourced providers. If you would like more information about
SMH’s outsourcing arrangements, please contact SMH.
7.
SMH may correspond with you by email if you
provide SMH with an email address, unless you advise us in writing that you do not wish SMH to do so.
You acknowledge that email may not be secure. Email will be treated as written correspondence and SMH is
entitled to assume that the purported sender of an email is the actual sender and that any express or
implied approval or authority referred to in an email has been validly given. Please be aware that SMH
may monitor and read any email correspondence travelling between you and any mail recipient at SMH as
part of its monitoring activities to ensure compliance with its Information Management & Security
Policy.
8.
SMH will aim to communicate with you by such
method as you request. More often than not this will be in writing but may be by telephone if it is
appropriate.
9.
Where you provide SMH with fax or email
addresses for sending material to, you are responsible for ensuring that your arrangements are
sufficiently secure and confidential to protect your interests. You must tell SMH if this method of
communication is not secure so that SMH can use an alternative method.
10.
The Internet is not secure and there are risks
if you send sensitive information in this manner or you ask SMH to do so. Please be aware that the data
SMH sends by email is not routinely encrypted.
11.
SMH will take reasonable steps to protect the
integrity of its computer systems by screening for viruses on email sent or received. SMH expects you to
do the same for your computer systems.
12.
It is very unlikely that SMH will change its
bank account details during the course of your matter. In any event, SMH will never contact you by email
to tell you that its details have changed. If you receive any communications purporting to be from SMH,
that you deem suspicious or have any concerns about (however slight), please contact SMH by telephone
straightaway.
13.
Once your matter has concluded, SMH will hold
your records on its record management systems for at least 6 years from the date that the matter is
closed in line with SMH’s retention periods. After that period has elapsed, SMH will delete your records
from its electronic systems. Once that has happened, your records will no longer be available.
14.
SMH transfers your personal data outside of
European Economic Area (EEA) where your personal data is backed up to cloud storage provided by
companies based in the US. SMH’s storage providers are certified to the EU-US Privacy Shield Framework
which means that they agree to process personal data to the standards expected by Europe. SMH’s storage
providers are bound by the same data protection laws as SMH, meaning that they have the same obligations
to keep your information safe.
15.
If you are an individual, you have the following
rights under the General Data Protection Regulation (GDPR):
16.
Please note that the rights described above are
not absolute rights (they are not rights’ that will be automatically granted), as SMH has to consider
whether there are any reasons why it cannot meet your request. For example, SMH will not be able to
delete data that it is legally obliged to keep. SMH will let you know if it is not able to meet your
request and the reason why (where it is appropriate to disclose this information to you).
17.
You also have the right to complain to the
Information Commissioner’s Office (ICO) if you are not happy with the way that SMH handles your personal
data. You can contact the ICO at Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF or by calling
the ICO’s helpline on 0303 123 1113.
18.
Please note that where you provide consent to
SMH using your personal data, you are entitled to withdraw that consent at any time. You can do this by
informing your sales agent or contacting SMH’s designated Data Protection Manager.
19.
SMH has appointed Yaz Raidan as its Data
Protection Manager and you can contact him on 03301244786 to discuss any data protection related issues
or queries’
23.
Feedback, comments and complaints
1.
We're always striving to improve and welcome any
feedback or general comments you may have about our services.
2.
It is a condition of our membership of the
Property Ombudsman Scheme that we provide information relating to our complaints procedure. Please click
the following link for further information on our complaints handling procedure: https://www.sellmyhome.co.uk/complaints
24.
Notice of Right to Cancel
1.
In accordance with the terms suggested by The
Property Redress Scheme we provide notice to our customers that they have the right to cancel, for whatever
reason, the services of SellMyHome.co.uk within 14 days of instructing OnlineEstateAgents Ltd. We will
refund all monies except those that are part of a product that have been instructed by our customers.
These may include: professional photographs, professional floorplan, EPC and any other products priced
as per the pricing schedule viewable on the SellMyHome.co.uk website.
25.
Refer a friend
We are enormously grateful to anyone who refers us business, as such we ensure we reward
all referees accordingly. When your friend signs up to the Essential, traditional or modern auction
package you will receive payment when their property is sold. You can register and refer at any time
visiting our website refer a friend page