Terms and Conditions

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SellMyHome.co.uk Limited (“SMH”) Terms

 

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

2.1 The Site is provided by Sellmyhome.co.uk Limited (“us/we”), our registered office is 119 The Hub, 300 Kensal Road, London W10 5Be. Our operating address is Part First Floor, North Wing, Bedford House, 69-79 Fulham High Street, London SW6 3JW

 

3. Use of the site

3.1 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.

 

3.2 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

 

3.3 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 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.

 

3.6 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.)

 

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.

 

3.8 All agreed fees and charges will be confirmed in writing, following your instructions to market your property.  Any commission fees owed to SMH will become due on exchange of contracts and payable upon completion (unless paid in advance, as part of the fixed fee package). If SMH are required to mediate on your behalf in the time between an offer being accepted and the exchange of contracts we are able to request a successful completion payment of £400 inc VAT, known as Completion Management. This will be paid out of the final completion funds by your solicitor. If you dispute the work carried out we will launch an internal investigation and may withdraw or amend our request for payment.

 

4. Pre-Approval of property listings

4.1 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.

 

4.2 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.

 

4.3 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

5.1 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

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.

 

6.5 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.

 

6.6 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.

 

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 that 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

 

7.1 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: 

 

7.2 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

 

7.3 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:

  • 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.

     

    7.4 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.

     

    7.5 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

    8.1 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.

     

    8.2 SMH does not make any representation or warranty as to whether any property advertised (“the Property”) on the Site is

    - Free of encumbrances 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 property listing 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

    8.3 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

    9.1 The property listings 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 therefore could be actively involved in sales negotiation, if requested.  There may be an additional fee for this service.

     

    10. Correspondence and general management

    10.1 The Sellmyhome team are committed to manage all correspondence between all buyers and sellers. A member of the team will take responsibility for all offers, all viewing requests, any feedback and all enquiries.

     

    11. Viruses, hacking and other offences

    11.1 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.

     

    11.2 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.

     

    11.3 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

    12.1 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.

     

    12.2 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

    13.1 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

    14.1 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.

    14.2 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.

    14.3 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.

    14.4 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

    15.1 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

    16.1 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

    17.1 We may revise these terms of use at any time by amending this page.

    17.2 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

    18.1 Notices may be served by post to our Registered Office as detailed above.

    18.2 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

    19.1 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

    20.1 Nothing contained in these Terms effects your statutory rights.

     

    21. Payment

    21.1 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. Money Back Guarantee

    22.1 If you have selected our ‘Pay now with Money Back Guarantee’ option and your property has not received an offer within 2% of the valuation, from a buyer who is in a position to proceed, within 6 months of first being listed, we will refund your initial agency fee. This is dependent on a fair market valuation for the property being mutually agreed between you and us. Our valuation rationale will be shared with you in full transparency prior to listing the property. If you choose to withdraw your property from the market before the date of 6 months from initial listing, you will not be entitled to any refund and any refund given will be at the complete discretion of SellMyHome Ltd.

     

    Confidentiality, Privacy & Data Protection

    1. SELLMYHOME.CO.UK LTD (‘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. SMH is registered with the Information Commissioner’s Office (ICO), with registration number ZA251856. SMH’s contact details are: Address: Bedford House, 69-79 Fulham High St, Fulham, London SW6 3JW Telephone: 0203 4412345 Email: [email protected]

    2. SMH keeps your information confidential and will not disclose it to third parties unless disclosure is:

      1. Authorised by you;
      2. Necessary as part of the estate agency services SMH is providing to you (performance of a contract);
      3. Required by law or SMH’s professional rules;
      4. Necessary for the purposes of SMH’s legitimate interests or those of a third party (in other words, SMH has a compelling justification for the disclosure); or
      5. Necessary to protect your vital interests or those of another person i.e. to protect a life.
    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 owned by a parent company called Myhomegroup Ltd (‘MHG’). MHG also owns RENTMYHOME.CO.UK LTD, MANAGEMYHOME.CO.UK LIMITED and SELLMYHOME.CO.UK LTD. While these are all separate legal entities (separate companies), 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.

    1. 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.

    2. 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.

    3. 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.

    4. 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.

    5. 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.

    6. If you are an individual, you have the following rights under the General Data Protection Regulation (GDPR):

      1. Right to access personal data – you can request details from SMH of the personal data that SMH holds about you;
      2. Right to object to processing – you can tell SMH that you want it to stop processing your personal data;
      3. Right to object to automated individual decision-making including profiling – you can object to SMH making decisions about you solely by using a computer system without any human consideration. SMH does not currently do this;
      4. Right to rectification – you can ask SMH to correct personal data that it holds about you because you believe it is inaccurate;
      5. Right to erasure – you can ask SMH to delete the personal data that it holds about you;
      6. Right to restrict processing – you can tell SMH that you only want it to use your personal data for a specific reason.
    7. 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).

    8. 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.

    9. 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.

    10. SMH has appointed Jessica Kyei-Baafour as its Data Protection Manager and you can contact him to discuss any data protection related issues or queries on 0203 44 12345 or at [email protected]

    24 Feedback, comments and complaints

    24.1 We're always striving to improve and welcome any feedback or general comments you may have about our services.

    24.2 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

     

    25. Notice of Right to Cancel

    25.1 In accordance with the terms suggested by The Property Ombudsman 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 SellMyHome.co.uk 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 (£75), professional floorplan (£45), EPC (£90) and any other products priced as per the pricing schedule viewable on the SellMyHome.co.uk Ltd website.

     

    26. Refer a friend

    26.1 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 Pay Now package, you will receive £50 once they’ve successfully listed their property with us. If they choose the Pay Later package, you will receive £50 when their property is sold.

     

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