MASHROOM LTD T/A EMOOV
TERMS AND CONDITIONS
Before you agree to sell your Property with us, Mashroom Ltd (company registration number 11412766) (“us”, “our”, “we”, “Mashroom”), also trading as Emoov and Tepilo, and use our site www.emoov.co.uk (“Website”) we need to make sure that you understand and accept these terms and conditions. If you do wish to question anything in these terms and conditions, please contact us at email@example.com.
To agree to the following terms and conditions, you must be the beneficial owner of the property being sold or have the permission of the beneficial owner to sell the property. You also cannot be an estate agent operating on behalf of the beneficial owner.
You will be deemed to have accepted the Agreement on the earlier of the following events, i) your ticking of an acceptance box on the Website, ii) your payment for any Services; or iii) any alternative form of electronically recorded acceptance.
1.1 In the Agreement:
1.1.1 “Buyer” means the purchaser of the Property;
1.1.2 “Charges” has the meaning given in clause 4.2;
1.1.3 “Completion Date” means the date of the completion of the sale of the property between you and the Buyer;
1.1.4 “Data Protection Legislation” means the (i) Data Protection Act 2018, (ii) the General Data Protection Regulation ((EU) 2016/679)(“GDPR”), and then (iii) any successor legislation to the GDPR or the Data Protection Act 2018;
1.1.5 “Completion Date” means the date on which completion of the sale of the Property occurs;
1.1.6 “Fees” means the full amount payable for any selected Service;
1.1.7 “Order” means an order you submit to Mashroom for any selected Service;
1.1.8 “Property” means the entire freehold or leasehold property to be offered for sale in accordance with the Agreement;
1.1.9 “Service” means all and any estate agency products and services offered by us for purchase from time to time in connection with the sale of your property in accordance with this Agreement;
1.1.10 “Third Party Services” means all and any services offered by third parties which may include, without limitation, financial, insurance, conveyancing and utility switching services; and
1.1.11 “Website” means www.emoov.co.uk.
2.1 You may submit an Order at any time through the Website or via telephone with the Mashroom sales team. Mashroom may accept or reject any Order in its absolute discretion.
2.2 When you submit an Order you confirm that:
2.2.1 Each person and/or entity with a legal or beneficial interest in the Property, including (if applicable) each current occupier, is aware of and has consented to your actions; and
2.2.2 You have obtained all relevant consents and authorisations from any relevant authority as are required to enable you to take advantage of the Services.
2.3 If the Order is accepted by Mashroom and in consideration of the Fee, we will provide you with the Services specified in the Order on the terms of this Agreement.
2.4 Mashroom may amend or withdraw the Services from offer to the public at any time. Details of such amendment or withdrawal will be publicised on the Website. This will not affect the provision of any Services provided under an already accepted Order.
2.5 Whilst we will make all reasonable efforts to ensure the Services are available at all times, Mashroom does not guarantee, represent or warrant that access to any of the Services will be uninterrupted or error-free.
The provision of any Service which involves the advertisement of your Property by Mashroom (“Advertising Services”) will be subject to the following:
2.6 Mashroom will always list your Property for sale on the Website.
2.7 Mashroom will also advertise and market your Property on such property portals, website or publications as we consider to be the most effective at securing interest in your Property from potential buyers at our absolute discretion. This may include advertising outside of the UK.
2.8 Third party website portals which we use are subject to change and may not be controlled by us. We cannot therefore always guarantee continued presence on these websites. However, we try always to maintain, expand and improve our portal networks. We may also withdraw or no longer take advantage of the services of such property portals, websites or publications
2.9 You take full responsibility for the accuracy, completeness and veracity of any information provided by you or on your behalf to Mashroom and published on our Website or any third-party website portal in relation to your Property (“Property Information”).
2.10 You agree to promptly inform Mashroom of:
2.10.1 Any inaccuracies in the Property Information; and
2.10.2 Any material changes which may affect the Property Information.
Energy Performance Certificate
2.11 You acknowledge that it is a legal requirement for you to have an Energy Performance Certificate (“EPC”) in order to advertise and market your Property.
2.12 It is your responsibility to secure a valid and up to date EPC, which you will provide to Mashroom within seven (7) days of any advertisement in respect of your Property being published.
2.13 You acknowledge that it is a legal requirement for you to provide a single survey, an energy report, mortgage valuation certificate, a property questionnaire and the other relevant documents (“Home Report”) in respect of any property situated in Scotland, in order to advertise and market your Property.
2.14 It is your responsibility to commission a valid Home Report prior to our marketing of the Property, which you will provide to Mashroom within seven (7) days of any advertisement in respect of your Property being published.
Home Visits & Photography
2.15 Subject to the Advertising Services purchased, you are entitled to one home visit per Property made by your local Mashroom representative, to take photographs of and to prepare floor plans for marketing purposes (“Home Visit”). You hereby authorise a representative of Mashroom to have access to your Property for the purpose of carrying out a Home Visit.
2.16 It is your responsibility to ensure that the Property is in a fit state to be photographed. You must ensure that it is tidy and suitably arranged before the Home Visit.
2.17 In accordance with clause 4.2, you may incur additional Charges for the following:
2.17.1 any additional Home Visits required;
2.17.2 if your Property is particularly remote, we may need to charge you reasonable travel costs to get there; and
2.17.3 if your Property takes longer to photograph due to its size or if there are multiple properties.
Any additional Charges will be notified to you when you sign up for the Services.
2.18 We own the entire copyright in all photos that we have taken of the Property for the full period of copyright , throughout the World. If you supply photographs taken by another photographer (or source) you must have permission to use those photographs, from the photographer (or the owner of the photographs). You hereby grant Mashroom a royalty-free, unlimited, worldwide and non-exclusive license to use any photographs supplied by you or a third-party on your behalf. Mashroom have the right to take your listing off the Website and off the portals if notified by a third party that the photographs used may not be permitted for use by you. Mashroom will notify you and re-list the Property as soon as the correct/appropriate photographs are provided along with an authorisation from a third party to use the photographs, where appropriate
2.19 If you wish to add your own images to your listing the photograph must be;
2.19.1 in accordance with clause 2.18;
2.19.2 of the Property; and
2.19.3 representative of the Property’s current condition.
2.20 We will examine any photographs that you have uploaded in advance of them becoming live on the property portals and the Website.
2.21 We reserve the right to refuse to allow any image to be uploaded, made live or presented on any marketing or property portal that we consider in our absolute discretion to be inappropriate (for any reason), obscene, inaccurate, misleading or likely to cause distress or embarrassment to anyone viewing the image.
2.22 You hereby warrant that the information provided by you to us is true, accurate, complete, and current at all times. Failure to do so constitutes a breach of the Agreement, which may result in immediate termination the Agreement.
2.23 You may not use your Property listing with us to gain interest in other properties not listed with us.
2.24 You agree not to disclose your login details, or permit their use or use on your behalf, by any third party, including any person who acts in a professional capacity, including but not limited to any estate agent or letting agent.
2.25 You may not include logos, images or a brand identifier in the Property description, images you submit to us or in any other materials you submit to us. We can cancel the Agreement without notice if we reasonably believe you are doing this.
2.26 You shall indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by Mashroom arising out of or in connection with any claim made against Mashroom for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with use of any content or photos of the Property you have submitted to us.
Conveyancing Referral Scheme
2.27 As part of the Service, Mashroom offers a conveyancing referral service which you have the right to select if you wish. The provision of any Service which involves the referral by Mashroom to conveyancing services offered by third parties (“Conveyancing Referral Services”) will be subject to the following clauses:
2.28 On the selection of the Conveyancing Referral Service, Mashroom will refer you to a firm to carry out your conveyancing (the “Conveyancing Firm”).
2.29 The choice of Conveyancing Firm will be at the absolute discretion of Mashroom, save that Mashroom will only refer you to Conveyancing Firms which are registered with the Law Society of England & Wales as being entitled to practice law within the jurisdiction of England & Wales or will be registered with the Council of Licensed Conveyancers, and have at least three million pounds (£3,000,000) of professional liability insurance.
2.30 The Conveyancing Firm will be your legal representative and you will be the firm’s direct client. This 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 Licensed Conveyancers. The provision of such services will be governed by the separate agreement (a retainer letter) entered into by you with the Conveyancing Firm for the delivery of its services to you.
2.31 Mashroom can not and will not provide any conveyancing services to, makes no representations or warranties, a) as to the services provided by the Conveyancing Firm, and b) about the firm we recommend except as set out in 2.29 above. Mashroom accepts no liability or responsibility for the conduct of the Conveyancing Firm.
Fees and Included Services
2.32 On purchase of a Conveyancing Referral Service, you will pay a single Conveyancing Fee in respect of the following:
2.32.1 conveyancing services to be undertaken by the Conveyancing Firm (a list and explanation of the scope of such services should be set out in the retainer letter you receive); and
2.32.2 a referral fee of up to a maximum amount of four hundred fifty pounds (£450) plus VAT per Property will be paid to Mashroom by the Conveyancing Firm in respect of Mashroom referring you to use its conveyancing service.
2.33 In the instances where you pay Mashroom the Conveyancing Fee you hereby authorise Mashroom to hold that amount on trust for you, until such time as the Conveyancing Firm requests payment, at which point Mashroom will be authorised to transfer all the Conveyancing Fee to the Conveyancing Firm.
Fees and Excluded Services
2.34 The Conveyancing Fee paid to Mashroom on the purchase of a Conveyancing Referral Service does not include the following, in respect of which additional Charges may be payable to the Conveyancing Firm:
2.34.1 work and services required over and above the standard conveyancing services (a list and explanation of the additional Charges will be provided by the Conveyancing Firm); and
2.34.2 required payments to third parties (disbursements) including (without limitation), stamp duty, land registry fees, any bank charges and search fees .
Lawyers Referral Code
2.35 You hereby acknowledge that Mashroom is fully compliant with the Solicitors’ Introduction and Referral Code published by the Law Society and the Rules and Regulations detailed by the Council for Licensed Conveyancers. To the best of our knowledge, all professionals on our panel are independent firms from whom you will be entitled to, and should receive impartial and confidential advice.
2.36 The Law Society and Council for Licensed Conveyancers allows firms 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. Mashroom, and the firms on our panel, have a formal agreement under the Solicitors Code of Conduct.
Third Party Services
2.37 From time to time, Mashroom may advertise third party services to you in return for which Mashroom may derive commission (“Third Party Services”).
2.38 Mashroom makes no representations or warranties as to the Third-Party Services and accepts no liability for the conduct of such third parties.
2.39 Should you wish to purchase Third Party Services, the provisions of such Third- Party Services will be governed by the agreement you enter into with the third party for the delivery of the Third-Party Services.
3.1 We shall use our reasonable endeavours to notify you of all offers we receive to purchase the Property within 24 hours of an offer being received by us.
3.2 If you accept an offer to purchase the Property, we reserve the right to list the Property as ‘Sold Subject to Contract’ in any of the methods we use to advertise properties from time to time, until the Completion Date.
4. FEES AND CHARGES
4.1 Our fees vary depending upon which payment option you select. You have the option of a Fixed Fee service, pay monthly service, or a Split Fee service, details of which are set out in clause 5. If you select the percentage fee service you will pay a lower amount upfront but upon sale of the Property, you will in addition pay a percentage of the sale price achieved. All Fees are as advertised on the Website, are inclusive of VAT and will be confirmed by Mashroom at the time you submit an Order.
4.2 In addition to the Fees payable in respect of any ordered Service, Mashroom reserves the right to charge additional fees (together the “Charges”) in the following circumstances:
4.2.1 For any of the instances as described in clause 2.17;
4.2.2 If you request additional services beyond the scope of the Services; or
4.2.3 If you cancel any scheduled Home Visit to your property after 5pm on the day before the appointment is due to commence. In this instance you will be charged £120 inclusive of VAT.
4.3 The amount of any additional Charges if not specifically set out in the Agreement will be determined by Mashroom in accordance with reasonable industry practice and notified to you accordingly.
5.1 In respect of certain Services (as detailed on the Website), Mashroom offers you the choice to pay Fees and Charges (if known) either at the point of order (“Fixed Fee”), in monthly instalments (“Pay Monthly”) or only after exchange of contracts for the sale or leasing of the Property (“Pay on Sale”), subject to the conditions as set out within this Agreement.
5.2 In the event that your appointed solicitor/conveyancer does not pay the Fees and Charges then you are liable to settle all amounts due to us on the Completion Date.
5.3 If you have selected to pay for the Services on a Fixed Fee basis, you agree to pay all Fees and Charges known to us on submission of your Order. Charges arising later will be invoiced after they arise and will be payable within 14 days of invoice or if sooner upon completion.
5.4 In cooperation with Duologi (Duologi is a trading name of Specialist Lending Ltd which is a limited company registered in the UK under number 10664999 at the registered address 10 Bressenden Place, London, SW1E 5DH, United Kingdom. Authorised and regulated by the Financial Conduct Authority.), Mashroom are offering you the option for monthly payment of the Fees and Charges. Payment will be collected by Duologi from your account via card payment and/or direct debit.
5.5.1 The initial fee (“Initial Fee”) will be the amount notified to you when you agree this payment option. In addition, upon sale of the Property meaning upon completion, you will pay us the percentage notified to you when we accept your Order of the contractual sale price of the Property agreed on exchange of contracts (“Completion Payment”). If you select our Split Fee option, a) Mashroom will market the Property for a fixed period of six (6) months from the time your Order is accepted, and b) you have agreed to appoint on a sole agency basis for this period which means you cannot appoint anyone else to sell the Property during that period. The Completion Payment becomes due upon completion occurring and should be paid to us by the Conveyancing Firm, your chosen law firm or licensed conveyancer, as appropriate. Failing that, the amount is payable by you and in all circumstances is owed by you to us. You undertake that you will inform your chosen advisor of the Completion Payment as soon as possible after you have appointed your advisor or we agree your Order, whichever occurs later.
5.5.2 You hereby authorise us to inform your chosen advisors that they are to pay us the Completion Payment upon Completion.
5.5.3 We will raise an invoice for the Completion Fee at our discretion at any time on or after exchange of contracts has occurred, or beforehand in the event of a simultaneous exchange and completion.
5.5.4 Interest is payable on any sum due and owing to Mashroom under the Agreement from the day after payment is due until the actual date of payment calculated (and prorated as necessary) by reference to the annual base rate of Barclays Bank plc as adjusted from time to time plus four per cent (4%).
5.5.5 Mashroom will reluctantly appoint a debt collection agency to pursue any amount outstanding by more than thirty (30) days after the due payment date.
5.6 The Pay Monthly option is subject to and governed by Duologi’s Terms and Conditions. By completing and submitting the Pay Monthly loan application form (“Application”), you agree to pay in monthly instalments over a period of up to 6 months for your chosen Services, and you will have entered into a separate contract with Duologi which is not connected to your Agreement with Mashroom. Mashroom is not a party to that contract, and Mashroom makes no representation and provides no warranty in relation that that agreement.
5.7 For further details about how Duologi handles your personal data please see Duologi’s privacy notice.
5.8If your Application to Duologi is declined, you may choose to pay for the Fees and Charges on a Pay Now basis. If you would like further information about why your Application has been declined, you should contact Duologi.
5.9 If your Application is successful, you will be notified by email. Your first instalment is payable on submission of your order, payments will be taken on a monthly basis whether or not the Property Property has been sold. In general, monthly payments will be taken for a period of up to 6 months to cover the Fees and Charges. It is your responsibility to ensure you have sufficient funds available to cover the monthly payments, which will be payable from your bank account via direct debit.
5.10 Duologi offers the option to repay the remaining balance on your account at any point with no additional charges or fees to pay.
5.11 If you decide to cancel your loan agreement with Duologi within the 14-day cooling-off period, contact Mashroom directly on firstname.lastname@example.org.
5.12 Payments may be made by credit or debit card. Mashroom does not accept any liability if payment is refused, or declined, by the debit or credit card supplier.
5.13 In respect of online payments only, Mashroom will confirm that your payment has been successful through an online confirmation screen and (if you have supplied a valid e-mail address) by confirmation email. Please keep a note of the transaction receipt number, as you will need to quote this if you have any queries with your payment.
5.14 Mashroom 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.
5.15 The online payment service is fully managed externally by Stripe, PayPal or Braintree. Mashroom does not hold any card details on any of its servers or within its infrastructure. Mashroom does not have any access to your card details on the managed service.
5.16 The online payments system complies with all industry financial security requirements and Mashroom will continue to enhance the application to the highest security standards.
5.17 In the event that you believe that you have been billed in error, you must notify Mashroom immediately. We will review all such notifications and, if in agreement with your assessment, will issue a refund in respect of any incorrect charge.
5.18 If you should have any difficulties with the payment process you can contact the company at any of the following:
5.18.1 By email: email@example.com; or
5.18.2 By post: 21 Navigation Business Village, Navigation Way, Ashton-On-Ribble, Preston, PR2 2YP.
6. CANCELLATION AND REFUNDS
6.1 In accordance with the Consumer Contracts Regulations 2013, from the date of acceptance of these terms you are entitled to a 14 (fourteen) day cooling-off period (“Cooling Off Period”) during which you may cancel the Services and (subject to the below) receive a full refund for any Fees and Charges paid.
6.2 Mashroom shall not provide any Services within the Cooling Off Period unless requested to do so by you.
6.3 To exercise your right to cancel, you must inform us by either:
6.3.1 Email: firstname.lastname@example.org; or
6.3.2 Post: 21 Navigation Business Village, Navigation Way, Ashton-On-Ribble, Preston, PR2 2YP.
6.4 You may use the model cancellation form set out in clause 18 below, but it is not obligatory to use that.
6.5 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
6.6 In the event that Mashroom has provided you with Services during the Cooling Off Period (at your request), any refund will be adjusted to reflect the cost of Services provided up until cancellation, and where applicable in accordance with the following:
6.6.1 EPC certificate – £70 (incl. VAT)
6.6.2 Property Photographs and Floor Plan – £80 (incl. VAT)
6.6.3 Property Photographs, Floor Plan and EPC – £120 (incl.VAT)
6.7 We will make any reimbursement without undue delay, and not later than 28 days after the day on which we are informed about your decision to cancel the Agreement. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement.
6.8 Following the Cooling Off Period, you are entitled to cancel the Services at any time but will not be entitled to any refund, irrespective of whether the Services ordered have been performed.
6.9 If you exchange contracts with a Buyer introduced by us within 12 months of the cancellation of the Agreement, the Fee will become due and payable by you in full. You agree to notify us in the event of any such property sale. For the purposes of these terms and conditions, a ‘Buyer introduced by us’ is anyone whom we have directly introduced to you as a potential buyer or who has viewed the property.
6.10 If you chose to cancel the Agreement in accordance with this clause 6, at any time, we will remove your Property from our Website, portals and other advertising mediums.
7. HEALTH AND SAFETY AND UNOCCUPIED PROPERTY
7.1 It is important that any viewings or visits to the Property are conducted safely. It is essential that we are notified of and provided with all relevant information relating to health and safety and that any documentation and/or measures are in place to manage any risks.
7.2 It is your responsibility to ensure that, where the Property is unoccupied, the Property is adequately secured, mains services are turned off, water and heating systems are professionally drained and suitable insurance cover is put in place. You will be responsible for all maintenance at the Property and we accept no liability or responsibility for it during the term of this Agreement.
8. MONEY LAUNDERING
8.1 We are subject to the Money Laundering Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, the Proceeds of Crime Act 2002, Terrorism Act 2000 and Criminal Finances Act 2017 (the “Legislation”). As a result:
8.1.1 we reserve the right to ask you for such information as we require to comply with the Legislation to verify your identity (or the identity of the person/entity that you represent), which must be received before we can proceed with any work on your behalf;
8.1.2 we reserve the right to terminate our relationship with you if, when requested to provide such information, you fail to do so or we consider that the evidence provided is insufficient to discharge our obligations under the Legislation (or such similar legislation as is in force from time to time); and
8.1.3 you acknowledge that we may also be required to provide information to the relevant authorities without prior notification or any liability to you if we know or have a reasonable reason to suspect that you (or the person/entity that you represent) are involved in money laundering or terrorist financing.
9.1 The Website is provided ‘as is’, without warranty of any kind either express or implied. Without limiting the foregoing:
9.1.1 Mashroom explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade.
9.1.2 Mashroom makes no warranty that the Website or Services or any website referred to by it (a “Third Party Site”) including but not limited to, the listings will meet your requirements or that the Services will be available on an uninterrupted, secure or error-free basis. Mashroom does not approve or endorse any information contained on any Third-Party Site, including those of any providers of Third-Party Services advertised by Mashroom, and accepts no responsibility or liability for this information or its content.
9.1.3 Mashroom makes no warranty regarding the quality of any listings or the accuracy, timeliness, truthfulness, completeness or reliability of any content available through the Website or Services. Mashroom has no control over the content contained in any listings and the condition, legality or suitability of any Property. Mashroom is not responsible for and disclaims any and all liability related to any and all listings and Properties.
9.1.4 You acknowledge and agree that Mashroom is not a party to any agreement entered into between you and a seller or any other third party. Mashroom has no control over the conduct of such parties and disclaims all liability in this regard to the maximum extent permitted by law. Furthermore, if a dispute arises between a Buyer and seller or any other third party, both parties agree that Mashroom will not be involved in the dispute and has no liability whatsoever in relation to such disputes.
9.1.5 No advice or information, whether oral or written, obtained from Mashroom or through the Website or Services will create any warranty unless expressly made herein.
9.1.6 Fee comparisons and statements made by Emoov relating to fee savings compared to third parties are formulated using average house price data published by the UK government, industry bodies and private financial institutions, and are calculated using average alternative estate agency fee data as published from time to time by respected industry and government sources including the Office of Fair Trading.
9.1.7 Mashroom provides no guarantee that the Property will sell as a result of your using our Service. Failure to sell a property can be for any number of reasons unconnected to the provision of our Services.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 We are the owner or licensee of all intellectual property rights on our Website. You are not permitted to copy, distribute or use its contents in any other way without our prior written consent.
10.2 We grant you a non-exclusive, non-transferable licence to use the Website solely in executable form and only to the extent necessary for use of the Website and the Services, and for no other purpose.
10.3 You must not use an automated program (including, without limitation, any web-crawling or screen-scraping software or any equivalent technology or techniques), to access the Website for the purpose of collecting, obtaining and/or accumulating (or other similar activity) data or content in this Website. Any such use of an automated program is prohibited and shall be a breach of this Agreement.
10.4 You may not reproduce, copy, edit, republish, transmit materials including but not limited to; articles, incorporating into any other materials, or distribute any material articles, photographs, images or submissions, information or content on this Website, or that form part of the Services, without our prior written consent. However, you are granted a limited right to access and use the Website and our Services, and retrieve, display and print content pages, for your own personal, non-commercial use and to the extent necessary for use of the Website and the Services only.
10.5 You may not do anything which may be seen to take unfair advantage of the reputation and goodwill of Mashroom or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to Mashroom.
10.6 We reserve the right, in our sole discretion and without notice to you, to terminate your account and to prevent future access by you to this Website.
11. LIMITATION OF LIABILITY
11.1 NEITHER MASHROOM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE WEBSITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT MASHROOM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
11.2 WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
11.3 SUBJECT TO THE FOREGOING, IN NO EVENT WILL MASHROOM’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE WEBSITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OF ANY PROPERTY VIA THE WEBSITE AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, EXCEED THE TOTAL FEES PAID BY YOU IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY AND OR IF NO SUCH PAYMENTS HAVE BEEN MADE, ONE THOUSAND POUNDS STERLING (£1000).
12.1 We undertake to comply with the terms of the Estate Agents Act 1979 and the Consumer Protection from Unfair Trading Regulations 2008 (“CPR”) where those acts relate to our appointment as your selling agent.
12.2 Under the CPR it is a criminal offence for a selling agent to make inaccurate or misleading statements about your Property (be they written or verbal), including through the sales particulars, adverts and other marketing, photographs and floor plans. This includes anything that might give the wrong impression about a Property and includes omitting facts. This means that:
12.2.1 you are responsible for providing us with accurate information about the Property and must tell us immediately if there is any inaccuracy or misleading information in our sales particulars, adverts or any other information that we provide to prospective buyers and/or their representatives about the Property. We will ask you to verify certain information and require you to assist us to the best of your knowledge, having made reasonable enquiries where necessary;
12.2.2 you will be responsible for any loss, damage or costs we have to pay in the event that you provide incomplete, incorrect or misleading information;
12.2.3 you shall inform us immediately of any changes in the information that you provide in respect of the Property; and
12.2.4 we reserve the right not to publish any information that you provide.
12.3 All information on our Website and provided to potential buyers and sellers directly cannot be guaranteed by us and does not form part of any contract.
13. DATA PROTECTION
14. RELATED SERVICES
14.1 It is possible that you and/or the Buyer of the Property may wish to instruct us in respect of a related service (including with regard to obtaining a mortgage and otherwise financing the purchase of the Property). In such circumstances, we or our employees may earn some form or remuneration in relation to those services. We will provide you with details of any such services rendered to the prospective buyer of the Property if applicable.
15. FEEDBACK, COMMENTS AND COMPLAINTS
15.1 We welcome your feedback and comments about Mashroom and its products. If you wish to supply any feedback, please email email@example.com.
15.2 We are members of the Property Ombudsman and abide by the Property Ombudsman Code of Practice. Please note that the Property Ombudsman will only review complaints made by consumers. You agree that we may disclose information relating to the sale of the Property to the Property Ombudsman if the Property Ombudsman asks for it.
15.3 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 21 Navigation Business Village, Navigation Way, Ashton-On-Ribble, Preston, PR2 2YP or emailed to firstname.lastname@example.org. All complaints will be acknowledged swiftly, investigated and we will make reasonable efforts to respond within five working days.
16.1 You hereby agree to indemnify us against any and all reasonable and direct costs, expenses or liabilities incurred or imposed on us arising from your failure to comply with your obligations under this Agreement.
17. GENERAL TERMS
17.1 We regularly update our Website and may change the content from time to time. Our Website may not always be completely up to date, and we are not obligated to update it. We cannot guarantee it will be free of errors.
17.2 We reserve the right to amend the Agreement (but not the primary Fee (which does not include Charges) that you have agreed to) without notice to you at any time. In the event that we need to make changes to this Agreement, we will publish an amended version of the Agreement on our Website. It is your responsibility to check the Website for any such changes and you agree to be bound by such changes if you continue to use the Services.
17.3 From time to time, the services that we offer, or make available to you, may also be governed by additional or alternative terms of conditions with us, or other third parties. You agree to be bound by such additional terms which will form part of the Agreement as if set out in full here.
17.4 Neither you nor we shall be liable under or in connection with the Agreement if and to the extent that such liability arises as a consequence of any event, circumstance or cause beyond the reasonable control of that party.
17.5 We are not aware of any personal interest existing between us or anyone in our employment or any connected person(s) of an employee, director or shareholder of us and you. If you are or become aware of such a personal interest, you should notify us immediately. For the purposes of this clause, a “connected person” means a family member of an employee, director or shareholder of Mashroom (that is, that persons spouse, civil partner, any person with whom that person lives with as a partner in an enduring family relationship, a child or stepchild of that person, a child or stepchild of that persons’ partner (if living with that person and under the age of 18), or that person’s parents).
17.6 Any notice given in connection with the Agreement shall be in writing and may be delivered by hand, pre-paid first class registered or recorded delivery post, special delivery post, facsimile or e-mail (unless otherwise notified) to, in our case, our registered office address (21 Navigation Business Village, Navigation Way, Ashton-On-Ribble, Preston, PR2 2YP) and, in your case, to the address given when you submitted your details on the Website.
17.7 Any notice or communication shall be deemed to have been received:
17.7.1 if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address;
17.7.2 if sent by pre-paid first-class registered or recorded delivery post, special delivery or other next working day delivery service, at 9.00am on the second business day after posting or at the time recorded by the delivery service;
17.7.3 if sent by fax or email, at 9.00am on the next business day after transmission.
17.8 Clause 17.7 does not apply to the service of any proceedings or other documents in any legal action, or where applicable, any arbitration or other methods of dispute resolution.
17.9 If a court rules that any provision of these terms and conditions is invalid or unenforceable, this will not affect the remaining parts of the Agreement, which shall remain fully in force.
Rights of Third Parties
17.10 The Agreement is between you and us. No other person shall have any rights to enforce any of its terms.
17.11 The Agreement constitutes the entire agreement between us and you and supersedes all prior agreements or communications between the parties. Any amendment to the Agreement will only have effect if it has been made in writing by a Director of Mashroom.
Law and Jurisdiction
17.12 The Agreement is governed by the laws of England and Wales. You and Mashroom agree to the exclusive jurisdiction of the courts of England and Wales should any dispute between us arise.