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 this 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 this 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 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 this 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 on 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 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 conduct photographs and floor plans for marketing purposes in respect of your Property (“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, therefore, ensure that it is tidied 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;
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 retain the entire copyright in the photos that we have taken of the Property at all times, throughout the World. If you are supplying photographs taken from another photographer (or source) you must have permission to use the photographs from the photographer (or the owner of the photographs). You will also grant Mashroom a royalty free, unlimited, worldwide and non-exclusive license to use any photographs supplied by you or a third party source. 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 are uploaded by you 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, 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 this Agreement, which may result in immediate termination of their Account.
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, for their use or use on your behalf, any login details we supply to you as part of the Services, to 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 brand identifier to the Property description, images you submit to us or in any other materials you submit to us. We can cancel your Agreement with us 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 the content you have provided as part of your listing or the photos of the Property you have submitted.
Conveyancing Referral Scheme
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:
2.27 On the selection of the Conveyancing Referral Service, Mashroom will refer you to a firm to carry out your conveyancing (the “Conveyancing Firm”).
2.28 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 two million pounds (£2,000,000) of professional liability insurance.
2.29 The Conveyancing Firm will be your conveyancers and you will be their 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 entered into by you with the Conveyancing Firm for the delivery of those services.
2.30 Mashroom will not be responsible for providing any conveyancing services, makes no representations or warranties as to the services provided by the Conveyancing Firm, and accepts no liability for the conduct of the Conveyancing Firm.
Fees and Included Services
2.31 On purchase of a Conveyancing Referral Service, you will pay a single Fee in respect of the following:
2.31.1 conveyancing services to be undertaken by the Conveyancing Firm (a list and explanation of the scope of such services can be provided to you on request); and
2.31.2 a referral fee of up to a maximum amount of four hundred fifty (£450) plus VAT per Property to Mashroom from the Conveyancing Firm in respect of referring you to use their conveyancing services.
2.32 In the instances where Mashroom collect the relevant Fees you hereby authorise Mashroom to hold all Fees paid in respect of the conveyancing services on trust for you until such time as the Conveyancing Firm requests payment, at which point Mashroom will be authorised to transfer all such Fees to the Conveyancing Firm.
Fees and Excluded Services
2.33 The Fees payable to Mashroom on purchase of a Conveyancing Referral Service do not include the following, in respect of which additional Charges may be payable to the Conveyancing Firm:
2.33.1 work and services required over and above the standard conveyancing services (a list and explanation of the additional Charges can be provided to you on request); and
2.33.2 required payments to third parties (disbursements) including (without limitation), stamp duty, land registry fees, and fees for searches.
Lawyers Referral Code
2.34 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 receive impartial and confidential advice.
2.35 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
2.36 From time to time, Mashroom may advertise third party services to you in return for which Mashroom may derive commission (“Third Party Services”).
2.37 Mashroom makes no representations or warranties as to the Third Party Services, and accepts no liability for the conduct of such third parties.
2.38 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 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 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 either at the point of order (“Pay Now”) at a later date (“Pay Later”), or only upon 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 If you have selected the Pay Later option the Fees and Charges must be paid out of the completion monies relating to the sale of the Property before any other disbursements, except solicitors’ or conveyancers’ fees. Payment of the Fees and Charges shall be made on your behalf by your solicitors/conveyancer, and you are responsible for ensuring that they are fully aware of this. Your acceptance of this Agreement authorises your solicitor/conveyancer to settle Mashroom’s account in accordance with this Agreement.
5.3 In the event that your appointed solicitor/conveyancer does not pay the Fees and Charges then you are liable to settle the amount to us on the Completion Date.
5.4 If you have selected to pay for the Services on a Pay Now basis, you agree to pay all Fees and Charges on submission of your Order.
5.5 If you have selected to pay for the Services on a Pay Later basis, you agree to pay all Fees and Charges on the earliest of the following events:
5.5.1 On completion of the sale of the Property;
5.5.2 Subject to clause 6, on your request for Mashroom to cease provisions of the Services in full; or
5.5.3 The deferred payment date (being up to 12 (twelve) months from the date on which you submit an Order for the relevant Services) as specified in your agreement with the Finance Provider.
5.6 The Pay Later facility is provided on an interest free basis through a third party finance provider of Mashroom’s choice (the “Finance Provider”). You agree that Mashroom can disclose such information as may be required to the Finance Provider for the purposes of providing this facility.
Pay on Sale
5.7 The following terms and conditions apply to Services provided on the Pay on Sale basis:
5.7.1 Mashroom shall provide Advertising Services for a period of 6 months commencing on the date on which the Property is first listed for sale (“Pay on Sale Period”).
5.7.2 At the end of the Pay on Sale Period, Mashroom shall be under no further obligation to provide any further Advertising Services, but shall have the right to elect, at its sole discretion, to continue to provide Advertising Services for an additional period of up to 6 months (“Extended Pay on Sale Period”)
5.8 Upon commencement of the Pay on Sale Period or Extended Pay on Sale Period, you shall not be entitled to transfer to Services provided on either the Pay Now or Pay Later basis.
5.9 If any Fees or Charges due to us remain unpaid more than 10 calendar days following the due date, we reserve the right to charge interest, calculated daily from the due date until payment is made at 3% per annum above the base rate of Barclays Bank PLC until payment is made in full both before and after any judgment. If we need to use legal representatives or collection agents to recover monies due, you will be required to pay all reasonable costs and disbursements that we incur relating to your late payment.
5.10 We may terminate the Agreement without liability at any time in the event that you fail to make any payment within 14 days of its due date for payment.
5.11 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.
5.12 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.
5.13 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.
5.14 The online payment service is fully managed externally by Stripe, PayPal, Braintree and 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.
5.15 The online payments system complies with all industry financial security requirements and Mashroom will continue to enhance the application to the highest security standards.
5.16 As part of our provision of the Services, you are appointing us as your sole and exclusive agent for a period of 8 weeks commencing on the date on which the Property is first listed for sale (“Sole Agency Period”).
5.17 For the purposes of this Agreement, sole agency means that you will be liable to pay the applicable Fees and Charges to us on the earliest of the following events:
5.17.1 if at any time contracts for the sale of the Property are exchanged with a Buyer introduced by Mashroom during the Pay on Sale Period, or with whom Mashroom had negotiations about the Property during the Pay on Sale Period; or
5.17.2 if applicable, if at any time contracts for the sale of the Property are exchanged with a Buyer introduced by Mashroom during the Extended Pay on Sale Period, or with whom Mashroom had negotiations about the Property during the Extended Pay on Sale Period; or
5.17.3 a Buyer is introduced by another agent during the Sole Agency Period; or
5.17.4 after the Pay on Sale Period has ended, an individual that was introduced by Mashroom or with whom Mashroom negotiated about the Property during the Pay on Sale Period becomes the Buyer of the Property.
5.18 In the event that you believe that you have been billed in error, you must notify Mashroom immediately upon becoming aware of the discrepancy. We will review all such notifications and, if in agreement with your assessment, will issue a refund in respect of the incorrect charge.
5.19 If you should have any difficulties with the payment process you can contact the company at any of the following:
5.19.1 Email: firstname.lastname@example.org; or
5.19.2 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 commence the Services within the Cooling Off Period unless requested to do so by you.
6.3 To exercise the right to cancel, you must inform us by either:
6.3.1 Email: email@example.com; 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.
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 Home Visit – £120 (excl. VAT)
6.6.2 EPC certificate – £55 (incl. VAT)
6.6.3 Property Photographs and Floor Plan – £80
6.6.4 Property Photographs, Floor Plan and EPC – £120
6.7 We will make the reimbursement without undue delay, and not later than 28 days after the day on which we are informed about your decision to cancel this Agreement. We will make the reimbursement using the same means of payment as you used for the initial transaction unless you 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 who we have directly introduced to you as a potential buyer or who has viewed the property.
6.10 If you chose to cancel this 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,
9.2 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.
9.3 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.
9.4 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.
9.5 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.
9.6 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.
9.7 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.
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 firstname.lastname@example.org.
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 email@example.com. 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 provided that such reasonable and direct costs, expenses or liabilities were incurred in our carrying out the range of services and/or Products which you select (from time to time) on your behalf.
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 this Agreement 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 this 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 this Agreement as if set out in full here.
17.4 Neither you nor we shall be liable under or in connection with these terms and conditions to the extent that such liability arises as a consequence of any event of 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 an 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 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 post 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 rest of the Agreement, which shall remain fully in force.
Rights of Third Parties
17.10 This Agreement is between you and us. No other person shall have any rights to enforce any of its terms.
17.11 This Agreement (together with any documents referred to in it) constitutes the entire agreement between us and you and supersedes all prior agreements or communications between the parties. Any amendment to this Agreement will only have effect if it has been made in writing by a Director of Mashroom.
Law and Jurisdiction
17.12 This Agreement is governed by and should be read in conjunction with 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.
18. CANCELLATION FORM
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale for the supply of the following services/products:
Name and address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
[*] Delete as appropriate