1 About these terms
1.2 Please read these terms carefully and make sure that you understand them before using our Service. Please note that before registering as a Seller you will be asked to agree to these terms. If you refuse to accept these terms, you must not use the Service.
1.3 You should print a copy of these terms or save them to your computer for future reference.
1.4 We may amend these terms from time to time and will inform you by email of any significant changes made.
1.5 Certain words and phrases used in these terms have defined meanings. Those definitions are set out in clause 9.
2 Who we are
We operate the website www.theagentsearch.co.uk. We are OpenlySold Limited, a company registered in England with company number 10276277. Our registered office is at 1 Park Grove, Edgware, HA8 7SH. You can contact us by email at email@example.com. Our VAT number is 247 0941 03.
3 About our Service and our role
3.1 Our Service enables sellers of residential properties to compare the services and performance data of various estate agents in order to engage one. It is a free service for Sellers and Agents subscribe to our service to use it.
3.2 Sellers can view performance results of Agents and a Seller is able to ask an Agent to proceed with providing a fee proposal, valuation and instruction of their Property.
3.3 We are not an estate agent, we have no role in negotiating the price or sale of properties, we do not own any of the Properties, and we are not party to the contracts between Agents and Sellers.
3.4 While we may run certain background checks, they are not fool-proof and so, as a platform, we cannot take responsibility for the accuracy or completeness of information that our Users provide about themselves or properties. When dealing with another User of our Service, whether as a Seller or Agent, you must exercise at least the level of caution and care that a reasonable person in your position would exercise when dealing with strangers, especially if you are arranging to transfer funds or meet face to face.
4 Your responsibilities generally
4.2 Sellers must create a Property Profile and enter relevant details of the property they wish to market/sell which include but are not limited to the full postal address, number of bedrooms, type of property and an estimated valuation. That information must be true, complete and current, and you must ensure that you keep it up to date.
4.3 We own or are licensed to use the intellectual property rights in our Service, including our branding and the underlying technologies. We grant to you a non-exclusive, revocable, royalty-free, non-sublicensable licence to use our Service in accordance with these terms for as long as your account remains active. You may not make any use of or exploit in any way any of our intellectual property rights except to the extent permitted by this clause 4.3.
4.4 You must not use our Service for any unlawful purpose. In particular, you must not use our Service to launder money, avoid sanctions or capital controls, pay or receive bribes, or to do anything in connection with the proceeds of crime. We reserve the right to monitor your use of the Service to ensure it is used lawfully.
4.5 Where another User shares with you in the context of the Service information which they describe as confidential, or which is obviously confidential, you must not share that information with anyone else without their permission, unless you are required to do so by law. You must not post any confidential information (whether yours or another User’s) in any area of the Service which is visible to Users generally, and we will not have any liability if you do.
5 Your privacy
6 Our rights and responsibilities generally, and our liability to you
6.1 We operate the Service. We will use reasonable endeavours to keep the technology powering the Service operational, allowing for appropriate maintenance windows and acknowledging that a certain amount of unscheduled downtime is inherent in web-based services such as the Service, and we will perform the Service using reasonable skill and care. We offer no other warranty in respect of the Service, and all warranties which would otherwise be implied into these terms by operation of law are excluded to the fullest extent permitted.
6.2 We may add or remove features from the Service from time to time. We will use reasonable endeavours to inform you of changes to features of the Service likely to have a significant impact on how you use it.
6.3 By agreeing to these terms, you allow us to send your Property Profile to Agents.
6.4 We do not warrant or accept any responsibility for the accuracy or completeness of any information provided on our Service.
6.5 In order to ensure that our risk is maintained at a level that is commercially viable, our liability to you is limited or excluded as follows:
6.5.1 nothing in these terms will limit or exclude our liability for fraud, fraudulent misrepresentation or any other matter which it is unlawful to limit or exclude;
6.5.2 losses that were not foreseeable as a probable result of the breach of these terms to both parties when you accepted these terms;
6.5.3 losses that were not caused by a breach of these terms by us or our offices, employees, agents, contractors or subcontractors; and
6.5.4 losses incurred in connect with the operation of a business.
6.6 We may suspend or terminate your account with us immediately:
6.6.1 if you breach these terms;
6.6.2 if we reasonably believe it is necessary to protect our interests or those of other Users; or
6.6.3 if you die or otherwise become incapable of performing your obligations under these terms.
7 Complaints and alternative dispute resolution
7.1 If you have a complaint, please contact us at firstname.lastname@example.org.
7.2 In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform via https://webgate.ec.europa.eu/odr/main/?event=main.home.show.
8 Other important terms
8.1 These terms and the documents referred to in them contain the whole of the agreement between you and us relating to the Service.
8.2 No representation or other pre-contractual statement will have any legal effect unless (and solely to the extent that) it is repeated in these terms.
8.3 Nothing in these terms will create any relationship of partnership, agency or employment between us.
8.4 No waiver of any of these terms will be valid unless we agree it in writing.
8.5 Neither party will have any liability for its failure to perform its obligations under these terms if and to the extent that failure is caused by a reason beyond its reasonable control.
8.6 These terms and all non-contractual obligations arising out of or in connection with them are governed by English law and subject to the exclusive jurisdiction of the English courts.
In these terms:
Agent means any person or company who uses our Service in connection with their business as an estate agent;
Business Day means a day (other than a Saturday, Sunday or public holiday) when banks in London, England are open for business;
Property means the residential property specified by the Seller on the Service in relation to which the Seller requires estate agent services;
Property Profile means the residential property details specified by the Seller on the Service including the full post code, address, type of property, number of bedrooms and estimated value;
Seller means any person who uses our Service to compare the services of an Agent;
Service means our website and platform that at www.theagentsearch.co.uk; and
User means any user of our Service, whether an Agent or Seller.