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Terms and Conditions

General

Our terms should be read in conjunction with the law of England and Wales and in particular, law of contract.

The wording contained herein represents an offer to treat. Your acceptance of our terms of business is performed when successful payment is made by a third party customer in favour of eMoov Limited, howsoever made.

No liability is accepted or should be seen as being implied in so far as third parties employed by eMoov and their actions or inactions. Nor should any liability be assumed in so far as eMoov supplied goods such as for sale boards being used inappropriately by third parties and causing damage to property. No liability is accepted by eMoov in any respect whatsoever where circumstances beyond its control may lead to any loss or inconvenience.

Fee Options and Policy

Our fee is as advertised on the Emoov website and confirmed via email at the time the customer commits to list a property via an Emoov package. The packages are either ‘pay now’ (credit or debit card) or ‘pay later’ via our third party finance provider, Honeycomb. The facility is interest free to the customer by way of a 12 month deferral of fee or the legal completion of the property sale, whichever is the sooner. Further terms and conditions relating to this facility are laid out below. There are no acceptance fee or cancellation fees and no mandatory services insisted upon. You do not have to engage our recommended conveyancers in order to benefit from our ‘pay later’ scheme.

Under ordinary circumstances, there are no admin fees or costs for alterations or amendments to your property listing. The customer will never be required to enter into a sole agency tie-ins or incur penalty fees.

eMoov does not operate restrictive sole agency agreements or penalty fees. When a customer takes the listing package there are no contractual tie-ins. You are free to instruct any or as many alternative or additional estate agents in conjunction with the eMoov service as you wish.

 

Property Information

The selling/letting customer will verify information displayed by eMoov in relation to their property and will advise eMoov of any inaccuracies. Any material changes which may affect a property’s description post instruction must be informed to eMoov by the selling customer. eMoov online estate agents comply with the Consumer Protection Regulations 2008. An Energy Performance Certificate is a legal requirement in England and Wales and must be in place and displayed with the ad listing within 7 days of the ad being published. A Home Report is a legal requirement in Scotland and is the responsibility of the selling client to have in place before a property can be advertised for sale.

Additional Services

eMoov will offer its selling, buying and letting clients and prospective purchasers and tenant’s additional services via our partners such as mortgages, insurances, pensions, low cost conveyancing, utility switching and other products from which eMoov Limited may derive commission.

Conveyancing work is carried out by carefully selected third party conveyancing partners. As a result no liability is accepted on our part in respect of these third parties. Third party services will be governed by the agreement signed with that party for the delivery of those services.

Please note that special offers from time to time relating to EPC’s, Rightmove and Zoopla Premium Listings etc are dependent upon the purchase of a marketing package and are not available as stand alone items.

Disclaimer

When you transact with eMoov Limited you are agreeing to accept the terms of use set out, and any additional terms that may be located elsewhere that are brought to your attention. eMoov Limited may change these terms without notice at any time, so you should revisit these, and any other relevant pages, from time to time prior to further transactions to ascertain what terms of use you are agreeing to.

Information held on our website and elsewhere is intended for your general information and, as such, should only be treated as a guide. eMoov Limited, ‘the company’, has used all reasonable endeavours to ensure the accuracy and completeness of its website. It cannot give any representations, assurances, undertakings or warranties about the accuracy, correctness or fitness for purpose regarding the site or any website referred to by it (third party site).

eMoov does not approve or endorse any information contained on any third party site and accepts no responsibility for this information or its content. Emoov Limited therefore accepts no liability in connection with any information held on a third party site.

The contents of the company’s website, its hard copy documentation and media files are the copyright of the company. You may make copies for your personal use only. You are not allowed to copy and distribute its contents in any way without the prior consent of the company. You should seek appropriate professional advice before taken any action based on any information held on this site.

eMoov Limited cannot be held responsible for content on third party portal sites. The websites that we display as partner sites are representative only and may change from time to time at the behest of others.

Fee comparisons and statements made by eMoov relating to fee savings compared to other/traditional/high street estate agents are formulated using average house price data from sources such as HM Land Registry; the Halifax; WHICH?, the Nationwide and our own records and calculated using typical, accepted alternative estate agency fee costs as published by sources including the Halifax and the Office of Fair Trading (2010 report) from time to time.

Credit and Debit Card Payments

Emoov accepts Credit, debit card payments as well as settlement via Honeycombe consumer credit are acceptable in respect of the company’s marketing services and add-ons such as photography, sign boards, energy performance certificates and conveyancing products.

Please read these terms carefully before using one of these payment options to pay for the company’s services. Use of company’s online payments application on this website indicates your acceptance of these terms. If you do not accept these terms please do not use the online payments facility on this website.

The company cannot accept any liability if payment is refused, or declined, by the debit / credit card supplier. The company has no control over acceptance over acceptance of card payments and any refusal of payment should be taken up with your card supplier.

eMoov Limited does not store credit or debit card details of any kind.

Confirmation of Payment

Once your payment has been authorised, the application will display a confirmation screen showing the payment details and a UNIQUE transaction reference number. You can print this screen as your receipt for your payment. These details will also be e-mailed to you if you have supplied the system with a valid e-mail address during the transaction. Please keep a note of the transaction receipt number, as you will need to quote this if you have any queries with your payment. Your receipt will not show your debit / credit card details, so if your receipt is lost or stolen, your card details will remain confidential.

Refused Payments

If your payment is refused, the application will display a screen informing you of this.

Remember it is not the company that is refusing your card payment, it is the card issuing bank that is refusing to authorise the payment. If this occurs you will need to contact your card company to discuss the reasons for the refusal.

Charges

You are entitled to one home visit per listing to conduct photographs and floor plans for the marketing purposes of your property. If you require additional visits, a further charge will be payable.

If you cancel your scheduled visit after 5pm on the day before the appointment is due to commence, a cancellation charge will be payable.

Refunds

Where an overpayment occurs a refund will be issued following a request. Where overpayment was initially made by debit/credit card, refunds shall normally be made by bank transfer. Where a payment by any means has been made to the company that payment is final and no refunds will be due. The company instigates various costs at the outset of a property being instructed to it and thus refunds will not be entertained where a customer changes their mind or is subject to a change of circumstances notwithstanding prevailing legislation including the Consumer Protection Regulations 2000 whereby commencement of performance of the contract is deemed to take place at the point that our assessors are instructed.

Where a customer has paid up front but decides to cancel within the 14 day cooling-off period you will be entitled to a full refund. However, if you are in receipt of services to be provided during the cooling-off period, any refund will be adjusted to reflect the cost of services provided up until cancellation. There are various costs that could be incurred as a result of service delivery that forms part of the property list. In the instance that the property listing incurs costs relating to photography and floor plan generation a fee of £120 per property would ordinarily be captured by the company as part of the refund process. Customers are deemed to consent to this fee by scheduling the assessor visit relating to the photography and floor plan.

Security

The company provides a secure online payments facility, fully managed to Level 1 approval in line with the Payment Card Industry (PCI) requirements. Once you click on the link to make a payment you will be re-directed to a fully hosted secure managed environment. All information that you send will be fully 128 bit encrypted.

The online payment service is fully managed externally by Paypal, Braintree and the company does not hold any card details on any of its servers or within its infrastructure. The company does not have any access to your card details on the managed service.

The online payments system complies with all of the security requirements of the PCI council CV2 input, Verified by Visa, MasterCard SecureCode etc. and the company will continue to enhance the application to the highest security standards.

Payment Issues

If you should have any difficulties with the payment process you can contact the company at any of the following:

Email: support@emoov.co.uk

Write to Us: eMoov Limited, New North House, Ongar Road, Brentwood CM15 9BB

Privacy

Your privacy is very important and the company is committed to protecting your privacy online.

We will only use any personal information you send us for the purposes for which you provide it or for other lawful purposes as described. We will only hold your information for as long as necessary for these purposes. All employees who have access to your personal data or are associated with the handling of that data are obliged to respect the confidentiality of your personal data.

Upon request we will inform you whether personal information is stored by us. You can contact the company at any of the following:

Email: support@emoov.co.uk

Write to Us: eMoov Limited, New North House, Ongar Road, Brentwood CM15 9BB

If you have concerns about the processing of your personal data by the company you may contact the company at the address above, or:

The Office of the Information Commissioner, Wycliffe, HouseWater Lane, Wilmslow, Cheshire SK9 5AX

Feedback, Comments and Complaints

The company welcomes your feedback and comments about eMoov and its products. If you wish to supply any feedback please email support@emoov.co.uk. It is a condition of our membership of the Property Ombudsman Scheme that we provide information relating to our complaints procedure. In the event of a complaint correspondence should be sent to eMoov.co.uk, New North House, Ongar Road, Brentwood CM15 9BB or emailed to support@emoov.co.uk. All complaints will be acknowledged swiftly, investigated and responded to within five working days.

Limitations of Liability

eMoov Limited its suppliers or other third parties mentioned on this site will not be liable for any damages arising out of the use, inability to use, or results of use of this site, any web sites linked to this site or any material or information contained on this site. Marketing fees represent a twelve month marketing period.

Registration and Authentication

The company may in the future require you to register and be authenticated with us in order for you to access extra services. The information will not be used for sending you newsletters or other promotions unless stated.

Web Site Accessibility

We always try to ensure that our web site is accessible to everyone. We use independent monitors to assess our site. Our site should not present any problems as regards accessibility.

Help us improve our performance

If you experience technical difficulties using this web site please contact us at any of the following:

Email: support@emoov.co.uk

Write to Us: eMoov Limited, New North House, Ongar Road, Brentwood CM15 9BB

Conveyancing Terms & Conditions

Terms of use

Emoov Ltd act as a referral service for conveyancing lawyers in England and Wales. By using this service there are certain terms and conditions that apply. If you are not in agreement with these terms and conditions, please do not use this service. These conditions do not affect your statutory rights.

  1. If you elect to use this service for your conveyancing, these are our obligations to you:

1.1 We will allocate a lawyers’ firm to carry out your Conveyancing. The lawyer’s we allocate will be your conveyancers and you will be their client and the relationship will be subject to the protection afforded by the rules and procedures of the Law Society of England and Wales or the Council of Licenced Conveyancers. The firms we allocate to carry out your Conveyancing:

  1. will be registered with the Law Society of England & Wales as being entitled to practise law within the jurisdiction of England & Wales or will be registered with the Council of Licenced Conveyancers.
  2. will have at least £2 million pounds of Professional Liability Insurance in case something goes wrong.
  3. we will keep the monies from the fee you have paid secure until such time that we pay the relevant fee’s to the firm nominated to carry out your Conveyance
  4. Exceptions to fixed legal fees

Additional charges may be applicable for work and services required over and above the standard legal procedures in a conveyancing transaction. A list and explanation of the additional charges can be requested by contacting us.

  1. Fees payable to other parties

We do not control payments to third parties (disbursements) such as Value Added Tax, Stamp Duty, Land Registry fees, fees for searches and so on. Consequently, we cannot guarantee that such payments will not rise or fall in accordance with government policy.

  1. Refund Policy

If you wish to cancel the conveyancing service, please refer to our refund policy:

  1. If no work has been carried out, you will be entitled to a full refund.
  2. If the case has been opened and work has been completed, you will be entitled to a 50% refund.
  3. Once a draft contract has been produced full payment is due and there will be no refund.
  4. If you have chosen to defer your payment using the Honeycombe finance that is fulfilled by Pay4Later scheme, we will not be able to cancel your loan after a 14-day cooling off period or if any work has been carried out. If you have chosen to cancel within the 14-day period and no work has been carried out the loan will be cancelled.

Lawyers Referral Code

Emoov Ltd complies with the Solicitors’ Introduction and Referral Code published by the Law Society and the Rules and Regulations detailed by the Council for Licensed Conveyancers. The lawyers on our panel are independent practices from whom you will receive impartial and confidential advice.

The Law Society and Council for Licensed Conveyancers allows lawyers to make agreements with their introducing sources for referral cases. Such agreements must comply with a code known as the Solicitors Code of Conduct (2011). The Code contains strict rules which are designed to safeguard your interests as the customer. Emoov Ltd, and the Lawyers on our panel, have a formal agreement under the Solicitors Code of Conduct. The company charges each of the solicitors up to a maximum amount of £300 + VAT per case.

Privacy

Your privacy is very important and the company is committed to protecting your privacy online.

We will only use any personal information you send us for the purposes for which you provide it or for other lawful purposes as described. We will only hold your information for as long as necessary for these purposes. All employees who have access to your personal data or are associated with the handling of that data are obliged to respect the confidentiality of your personal data.

Upon request we will inform you whether personal information is stored by us. You can contact the company at any of the following:

Write to Us: eMoov Limited, New North House, Ongar Road, Brentwood CM15 9BB

Email: support@emoov.co.uk

If you have concerns about the processing of your personal data by the company you may contact the company at the address above, or:

The Office of the Information Commissioner, Wycliffe, HouseWater Lane, Wilmslow, Cheshire SK9 5AX