EASYPROPERTY TERMS OF BUSINESS
FOR THE ONLINE PROVISION OF SERVICES TO CONSUMERS
1.THE EASYPROPERTY PLATFORM
1.1 Evolve Partnership Limited (evolve), trading as ‘easyProperty’, a company registered in England and Wales under company number 06389052, whose registered office is at North Fareham Farm Pook Lane Fareham PO17 6LU, UK, with registered VAT number 920069645 (trading as ‘easyProperty’) operates a platform via the website at the domain easyproperty.com (the easyProperty Platform) which provides sellers with an opportunity to purchase online property-related goods and services, as well as prospective buyers an opportunity to look for relevant properties.
1.2 A reference to we or us is a reference to evolve and the easyProperty Platform. A reference to you or your includes you and anyone who accesses or uses the easyProperty Platform on your behalf and/or via any equipment you own and/or control.
1.3 Please note, we will only deal with and list properties located in England and Wales and Scotland on the easyProperty Platform. If you place an Order (as defined in clause 3.2) in relation to a property located outside of these areas (e.g. a property located in Northern Ireland) we can not accept your Order and you will be refunded in accordance with clause 3.5.
- THESE TERMS
2.2 These Terms apply to the sale of goods and services you purchase via the easyProperty Platform (the “Services”). The Services shall be provided by evolve, third party estate agents (“Estate Agents”) and other service providers, including without limitation providers of auction services, financial services and conveyancing services (“Third Party Service Providers”).
2.3 evolve shall, subject to these Terms, be responsible for providing you with the following elements of the Services (the evolve Services):
2.3.1 making the EasyProperty Platform available (including providing technical support in relation to the same); and
2.3.2 where and to the extent applicable or necessary: (i) for sales only, providing the initial online application verification form and Memorandum of Sale (see clause 4.3 for more information); and (ii) managing and facilitating enquiries, viewings, sales negotiation & sales progression.
2.4 The Estate Agents shall be responsible, amongst other things, for providing you (where and to the extent applicable) with the following elements of the Services (the Estate Agent Services):
2.4.1 producing and delivering floorplans, photos and description of properties;
2.4.2 obtaining access to the Portals (as defined in clause 12.7) and uploading properties to them;
2.4.3 organising and providing any Boards (see clause 6 for more information);
2.4.4 organising, conducting and managing in-person market appraisals and viewings;(where applicable)
2.4.5 working with our Third Party Service Provider to enter properties (where relevant) into auction;
and the terms and conditions of the Estate Agent (the Terms of Sale) shall apply to the provision of such Estate Agent Services. The Terms of Sale shall be notified to you via the easyProperty Platform before you instruct the Estate Agent.
2.5 evolve shall in certain circumstances be responsible for carrying out a number of tasks on behalf of the Estate Agent, for instance, evolve shall, on behalf of the Estate Agent, obtain your acceptance of the Terms of Sale, have the authority to amend and terminate the Terms of Sale, process cancellations, collect the Fee (as defined in clause 8.5) and process discounts and refunds (including in respect of Cooling Off Periods, as defined in clause 10.2).
2.6 Services which are provided by Third Party Service Providers (the Third Party Services) shall be governed by the terms of the relevant Third Party Service Provider (which will be notified to you via the easyProperty Platform before you place your order for the Third Party Services).
2.7 It is your responsibility to ensure you read, understand and accept these Terms, the Terms of Sale (with your Estate Agent) and the terms of any Third Party Service Provider before you proceed with your purchase of the relevant Services.
YOU WILL BE ENTERING INTO LEGALLY BINDING CONTRACTS WITH THE ESTATE AGENT AND ANY THIRD PARTY SERVICE PROVIDERS SO PLEASE ENSURE YOU REVIEW THE RELEVANT TERMS CAREFULLY.
2.8 Where Third Party Services are introduced or referred to you by us (or on our behalf), we may have a referral arrangement in place with the Third Party Service Provider in question. If any such referral arrangement is in place, you will be notified of the nature of that arrangement before you decide to instruct such Third Party Service Provider. We in no way assume liability in respect of the services provided to you by any referred Third Party Service Providers and clause 3.3 shall continue to apply.
- ORDERS VIA THE EASYPROPERTY PLATFORM
3.1 The Services offered via the easyProperty Platform are provided by evolve, Estate Agents and Third Party Service Providers (as applicable). In accepting these Terms, you acknowledge and agree evolve is neither the buyer nor the seller of the Estate Agent Services or the Third Party Services, nor your agent in helping facilitate the property transaction between you and the Estate Agent and/or Third Party Service Providers (as applicable).
3.2 The terms upon which the Estate Agent and any Third Party Service Provider shall provide the applicable Services will be notified to you via the easyProperty Platform at the time you place an order for the Services (an “Order”),. Any such terms are the terms of the Estate Agent and Third Party Service Provider, and evolve is not a party to that contract nor does it assume any responsibility arising out of or in connection with it.
3.3 Where you purchase Estate Agent Services or Third Party Services via the easyProperty Platform, the Estate Agent and any Third Party Service Provider is entirely responsible for the provision of the applicable Services and for dealing with your claims, complaints, rights of redress and/or any other issue arising out of or in connection with the contract between you and the Estate Agent and Third Party Service Provider in relation to such Services. evolve will use reasonable endeavours to assist you with any complaint which you cannot resolve with the Estate Agent and any Third Party Service Provider directly, but is under no obligation to resolve any complaints or issues howsoever arising between you and the Estate Agent and Third Party Service Provider.
3.4 You acknowledge and agree that the Estate Agent and any Third Party Service Provider shall (as applicable) be responsible for ensuring compliance with all applicable laws, regulations, guidance and terms and conditions relating to the relevant Services you choose to purchase from them.
3.5 You acknowledge and agree that payment of the Fee (as defined in clause 8.5) does not constitute a binding contract between you and the Estate Agent or Third Party Service Provider. A binding contract shall not be formed unless and until evolve has sent written confirmation to you accepting your Order on behalf of the Estate Agent or Third Party Service Provider which will take the form of a confirmatory email to be sent to the email address you provided to us when you created your account on the easyProperty Platform. If you do not receive any such email(s) within twenty-four (24) hours after placing your Order, please let us know by contacting us at the following address: firstname.lastname@example.org. If your Order cannot be accepted, we will inform you of this and will not charge you for the Services or refund you if the Fee has been processed for these Services. This might be because you have not passed money laundering checks, credit reference checks, your computer is not compatible with our easyProperty Platform or because a contract with you for the provision of Services has previously been terminated. This decision is taken at our absolute discretion.
3.6 Your use of the easyProperty Platform is undertaken entirely at your own risk, subject to the exclusions and liability limits contained in these Terms.
3.7 Bundles and Extras (as defined in clause 8) can only be purchased:
3.7.1 once you have booked a free valuation of the property. This valuation will be carried out by the Estate Agent. Once the valuation meeting has been booked or carried out by the Estate Agent, you have the option to instruct the Estate Agent (via the easyProperty Platform) and select the Bundles and Extras you wish to purchase in respect of the property valued; and
3.7.2 in relation to one property and are not transferable between properties. For the avoidance of doubt, Bundles and Extras purchased in relation to a property can only be applied to that property.
3.9 If you wish to make a change to your Order (including a change to the Bundle selected and/or any Extras) please contact us (and not your Estate Agent) by email to email@example.com. We will let you know if the change is possible. If it is possible we will let you know about any changes to the timing of supply or anything else which would be necessary as a result of your requested change and we will ask you to confirm whether you wish to go ahead with the change. If the change cannot be made or the consequences of making the change are unacceptable to you, you may want to seek to cancel your Order (see clause 10 – Your Rights).
- SERVICES PROVIDED BY THE EASYPROPERTY PLATFORM FOR ALL SERVICES
4.1.1 If you are a private vendor, your Estate Agent will, via the easyProperty Platform, promptly and automatically notify you of all offers received via the easyProperty Platform from potential purchasers or tenants (as applicable) (unless the offer is of an amount or type you have specifically instructed your Estate Agent not to notify to you) until such time as you notify your Estate Agent that contracts have been exchanged (for sales) or a tenancy has been agreed (for lettings) and you do not wish to be notified of any further offers.
4.1.2 We do not verify the offers provided by potential purchasers and we have no control over, do not guarantee and shall not be responsible for the suitability or ability to pay of any prospective purchaser making an offer or whether any prospective purchaser will complete a relevant transaction and/or has necessary funds to complete such transaction.
4.1.3 Offers are all made subject to contract and acceptance of an offer does not constitute a legally binding offer or contract.
4.1.4 If you are a prospective purchaser and you have made an offer which you would like to withdraw, you can only do this by contacting us (by calling us on 0333 055 0555 or sending us an email to firstname.lastname@example.org). Offers cannot be withdrawn via the easyProperty Platform. If the offer you wish to withdraw has already been accepted by the vendor or landlord, then you must contact your Estate Agent to notify them of the offer withdrawal.
4.2 Personal interest. We will inform you as soon as we become aware of anyone making an offer for your property who is in any way connected with us, such as being one of our employees or contractors or their family members. In the event you suspect or become aware of any such personal interest, you must notify us immediately and we will make such necessary enquiries to provide you with written notification of the nature of the personal interest (if any) which is known to us.
4.3 Memorandum of sale. Once the parties have informed us they have agreed a sale, we will prepare, using the information you provided to us via the easyProperty Platform, a memorandum of sale and we will send it to the parties by email along with any details provided to us of the solicitors or licensed conveyancers acting for either party. We will rely on the information you provide to us as being accurate, complete and up to date.
4.5.1 Viewings can be requested by the potential purchaser via the easyProperty Platform and, once confirmed by the vendor a confirmation email will be sent to both parties detailing the property address, the viewing time and date and the parties respective contact details. If you are:
184.108.40.206 a prospective purchaser, by requesting the viewing, you are accepting that your personal data may be shared with the relevant vendor in order to facilitate arranging the viewing and for the viewing to take place; and
220.127.116.11 a vendor, by confirming a viewing request, you are agreeing that your personal data may be shared with the relevant party requesting a viewing in order to allow you to arrange the viewing and for the viewing to take place.
4.5.2 Subject to clause 4.5.4 it is the responsibility of the vendor to manage viewings. We are not responsible for ensuring either party attends at the viewing at the arranged time and date.
4.5.3 We have no control over, do not guarantee and shall not be responsible for the conduct of viewings. We shall have no liability for any acts or omissions of any person during any viewings and, in the case of landlords and vendors, we recommend you have appropriate insurance, safeguards and measures in place in relation to viewings.
4.5.4 Where accompanied viewings are included as part of your Order, the relevant Estate Agent shall be responsible for managing, arranging and conducting viewings.
- OUR RIGHTS TO MAKE CHANGES
5.1 We may change the Services:
5.1.1 to reflect changes in relevant laws and regulatory requirements (if so, we will endeavour to explain the anticipated practical effects of such changes at the time of change);
5.1.2 to implement minor technical adjustments and improvements, for example to address a security breach and/or threat; and/or
5.1.3 for any other reason as we deem appropriate from time to time.
Unless we let you know otherwise, these changes will not affect your use of the Services.
5.2 We may make more significant changes to the Services which affect your use of the Services, but if we do so we will notify you and you may then contact us (by sending an email to email@example.com) to cancel your Order before the changes take effect and receive a refund for any Services paid for but not received prior to the date we receive your email.
6.1 As part of your Order, a ‘For Sale’ board will be erected at your property (a “Board”). The Board will be delivered and erected by a bona fide board erector at the property be marketed for Sale at the address you provided when you created your Account (as defined in clause 7.1) as soon as reasonably possible and in any event within 14 days after the day on which your Order is accepted.
6.3 The Town & Country Planning Regulations permit the display of only one Board. You agree not to display any other Board at the property whilst you are listing that property on the easyProperty Platform.
6.4 For more information about Boards, see the Terms of Sale with your Estate Agent.
- YOUR ACCOUNT
7.1 In order to register on the easyProperty Platform, attend viewings or purchase Services to enable you to market and promote your property for sale via the easyProperty Platform, you must create a personal account (an Account) and provide us with certain information about you so that we contact you in connection with the Services. If you are a vendor, then you must also provide us with certain information about the property you wish to market for sale so we can list your property via the easyProperty Platform.
8.1 To market a property for sale via the easyProperty Platform you must purchase the Services via one of the following packages (“Bundles”). The cost of the Bundles (which includes VAT) are:
8.1.1 For sales:
18.104.22.168 See our website or speak to your Local Property Professional for the fees payable upfront and payable on exchange of contracts for the easy Sales Split fee Bundle; or
22.214.171.124 See our website or speak to your Local Property Professional for the upfront fee payable, with no success fee, for the easy Sales Upfront Bundle; or
126.96.36.199 See our website or speak to your Local Property Professional for the fee payable upon exchange of contracts for the easy Sales – No Sale, No Fee service
The availability of and prices for Extras may be updated from time to time and such changes to Extras prices will be updated on the easyProperty Platform.
8.2 Subject to clause 8.8, you will be required to pay the relevant fee for the Bundle (as set out in clause 8.1) and any Extras chosen by you (as set out in clauses 8.2) (the Fee) immediately on placing your Order. evolve shall collect the relevant Fee and will pass on the relevant proportion of such Fee to the relevant Estate Agent on your behalf. Subject to clauses 3.5, 188.8.131.52, 10.1 and 10.2 the Fee is non-refundable and shall be paid whether or not your property is let or sold.
8.3 We make no representations as to any income, use, excise or other tax liability that you may incur as a result of you using or ordering Services via the easyProperty Platform. You are solely responsible for reviewing and accounting for any such tax liability.
8.4 The prices of the Bundles and Extras listed in clauses 8.1 and 8.2 are subject to change at the discretion of evolve, but any changes will clearly be shown on the easyProperty Platform. The Fee payable by you will be the price of the relevant Bundle and any Extra as at the date you place your Order.
8.5 Without limitation to our other legal rights and remedies, if you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
8.6 You will be liable to pay the agreed remuneration to us, in addition to any other costs or charges agreed in each of the following circumstances: if unconditional contracts for the sale of the property are exchanged during the period which we have sole selling rights, even if the purchase was not found by us but by another agent or by any other person including yourself; If unconditional contracts for the sale of the property are exchanged after the expiring of the period which we have sole selling rights but to a purchase who was introduced to you during that period or which whom we had negotiations about the property during that period.
8.7 Upon exchange of contracts our invoice for agreed fees and charges will be submitted to your Solicitor, you agree to your Solicitor paying this account on your behalf unless otherwise agreed with us
- DURATION OF THESE TERMS
9.1 These Terms shall commence once you have confirmed your acceptance of them and shall continue (unless terminated earlier by us or you in accordance with these Terms) until:
9.1.1 in the case of a prospective purchaser the later of: (i) the one year anniversary of the acceptance of these Terms; or (ii) three (3) months from the date of your last use of the easyProperty Platform; or
9.1.2 in the case of a vendor :
184.108.40.206 sales, you have sold the property,
and in each case, for a period of two (2) months after, during which period the property will continue to be shown on the easyProperty Platform as Sold (the Term).
9.2 When you place an Order, we do not guarantee the provision of the relevant Services you have purchased. The Services will only be provided once a binding contract has been formed between you and the relevant Estate Agent (the Terms of Sale) and any other Third Party Service Provider) in accordance with clause 3.5.
- YOUR RIGHTS
10.1 If you are cancelling your Order for a reason set out below, your contract with us and your Estate Agent will end immediately and we will refund you in full for any Services which have not been provided and you may also be entitled to compensation. The reasons are:
10.1.1 you have been told about an upcoming change to the Services or these Terms which you do not agree to pursuant to clause 5.2;
10.1.2 you have been told about an error in the description of the Services you have requested and you do not wish to proceed;
10.1.3 you have been informed by us that supply of the Services will be significantly delayed because of events outside our control and/or the control of your Estate Agent;
10.1.4 the easyProperty Platform and/or the Services have been suspended for technical reasons, or we notify you we are going to suspend them for technical reasons, in each case for a period of more than two consecutive days in any calendar month; or
10.1.5 you have a legal right to cancel your Order for any other reason caused by our negligence.
10.2 For most services purchased online you have a legal right to change your mind within 14 days (the Cooling Off Period“) and receive a refund. You consent to the supply of any Services purchased within the Cooling Off Period but please be aware this might affect any refund due to you on cancellation. You do not have a right to change your mind in respect of the Services once the Services have been completed (e.g. you sell your property), even if the Cooling Off Period is still running. The amount of each Bundle or Extra to be refunded will be in proportion to what has been supplied, in comparison with the full coverage of the contract. In respect of the Bundles:
10.2.1. before your property goes live on a Portal, then you shall be entitled to a full refund; or
10.2.1.1 after your property goes live on a Portal, then you shall not be entitled to a refund;
10.2.2 for all other Bundles, if you cancel during the Cooling Off Period:
10.2.2.1 subject to the remainder of this clause 10.2.2, before the Estate Agent has visited the property (other than for the free valuation), you shall be entitled to a full refund;
10.2.2.2 subject to clause 10.2.2.3, after the Estate Agent has visited your property (subsequent to the free valuation) in order to obtain details, photographs, floor plans or otherwise start the listing process, you shall be entitled to a refund of the amount paid for the Bundle less £150; or
10.2.2.3 after you have already approved your property for listing on a Portal, then you shall be entitled to a refund of the amount paid for the Bundle, less £295. For the avoidance of doubt, where you originally paid £295 or less for your Bundle, you shall not be entitled to a refund.
Where there is a refund payable to you under these Terms, we will refund you by the method you used for payment.
10.3 You have 14 days after the day we email you to confirm we accept your Order to change your mind. However, once the Services have been completed you cannot change your mind, even if the 14 day cancellation period has not yet expired. If you cancel after the Services have commenced, you must pay us for the Services provided up until the time you tell us you have changed your mind in accordance with clause 8.2.
10.4 To cancel your Order, please let us know by doing one of the following:
10.4.1 Phone or email. Call customer services on 0333 055 0555 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the request and, where available, your phone number and email address.
10.5 We will make any refunds due to you (if any) as soon as reasonably possible. If you are exercising your right to change your mind your refund (if you are entitled to one in accordance with this clause 10) will be made within 14 days of your telling us you have changed your mind.
10.6 We are under a legal duty to supply access and use of the easyProperty Platform in conformity with these Terms. See the box below for a summary of your key legal rights in relation to the easyProperty Platform and/or any Services provided by us. Nothing in these terms will affect your legal rights.
10.7 You may exercise your right to cancel this agreement anytime within 14 days of agreeing to the terms of business by either writing to us at easyProperty, Southwick Farm Barn, High Street, Southwick PO17 6EF or emailing email@example.com. You should clearly state that you wish to exercise your right to cancel the agreement in accordance with the consumer contracts (information, cancellation and additional charges) regulations 2013). By agreeing to these terms you are confirming that you wish us to commence with immediate marketing, however this does not affect your right to cancel within the first 14 days. Should you wish marketing to be deferred until expiry of the 14 day right to cancel then please notify us at the point of instruction.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information
please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
As your contract to access and use the easyProperty Platform and your contract for the Services are
contracts for services, the Consumer Rights Act 2015 says:
You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill or get some
money back if we can’t fix it.
If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
Where you have purchased goods as part of the Services, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the
Up to 30 days: if your goods are faulty, then you can get an immediate refund.
Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most
Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money
- OUR RIGHTS
11.1 If we are ending these Terms for a reason set out in clause 11.2, your contract with us shall immediately terminate and we reserve the right to immediately terminate any contract you have with an Estate Agent for the sale/letting/auction of your property. You shall not be entitled to any refund of any amount paid to us under these Terms.
11.2 We may end these Terms at any time by writing to you if:
11.2.1 you do not make any payment when it is due and you still do not make payment within 24 hours of us reminding you payment is due;
11.2.2 you do not, within a reasonable time of us asking for it, provide us with information necessary for us to provide access to or use of the easyProperty Platform and/or the Services;
11.2.3 you do not, within a reasonable time, allow the Services to be delivered to you;
11.2.4 you do not, within a reasonable time, allow us access to your premises to supply certain Services;
11.2.5 you breach clause 15 regarding third parties intellectual property rights;
11.2.6 you undertake an activity which is not in compliance with applicable law; or
11.2.7 you breach any other provision of these Terms.
11.3 If we end these Terms and/or any contract you have with an Estate Agent for the sale/letting/auction of your property in the situations set out in clause 11.1 we shall be entitled to retain any amounts you have paid for the Services without limitation to our legal rights and remedies.
11.4 We may write to you to let you know we are going to stop providing access to or use of the easyProperty Platform and/or the Services. We will let you know at least 7 days in advance of our stopping access to or use of the easyProperty Platform and/or the supply of the Services and will refund any sums you have paid in advance for Services which will not be provided.
11.5 Access to and use of the easyProperty Platform or the supply of the Services to you may be suspended:
11.5.1 to deal with technical problems or make minor technical changes to the easyProperty Platform;
11.5.2 to update the Services to reflect changes in relevant laws and regulatory requirements;
11.5.3 to make changes to the Services as requested by you or notified by us to you (see clause 5);
11.5.4 if you are in breach of these terms; or
11.5.5 if an event occurs beyond our reasonable control which affects the easyProperty Platform and/or the Services.
Please see clause 10.1.4 for your rights if the supply of the Services to you are suspended.
- OUR LIABILITY TO YOU
12.1 Services purchased via the easyProperty Platform and provided by Estate Agents and Third Party Service Providers (as notified to you in accordance with clause 3.2) are sourced or made available by Estate Agents or Third Party Service Providers (as applicable) and not evolve, and evolve does not make any representation or give any warranty in relation to such Services.
12.2 Where loss has been caused to you by your Estate Agent or a Third Party Service Provider, please refer to your contract with the Estate Agent (the Terms of Sale) or Third Party Service Provider (provided to you at the time you place your Order).
12.3 evolve are members of The Property Redress scheme and the Estate Agent is a member of The Property Ombudsman scheme or The Property Redress Scheme. You can seek redress against us via the PRS scheme or your Estate Agent via the TPO scheme or the PRS scheme. Please visit The Property Ombudsman website for further information at www.tpos.co.uk. or visit The Property Redress Scheme at www.theprs.co.uk.
12.4 evolve gives no guarantee that any goods or Services you may purchase via the easyProperty Platform will have any particular result or outcome, for example, that the use of a referencing service will give a positive report, that the placing of advertising will lead to any responses, or that your property will be sold or let.
12.5 You acknowledge, accept and agree:
12.5.1 we cannot guarantee the accuracy, completeness or suitability of any of the information, content, imagery, photography and/or other materials uploaded onto the easyProperty Platform or generated by the vendor;
12.5.2 we are unable to independently verify and/or confirm the accuracy of that information, content and/or materials;
12.5.3 we do not accept any liability for any reliance placed on that information, content and/or materials;
12.5.4 it is your responsibility to satisfy yourself of the veracity, accuracy, completeness and suitability of any property descriptions and/or information on the easyProperty Platform; and
12.5.5 we have no control over, do not guarantee and shall not be responsible for the quality, safety or legality of any properties listed on the easyProperty Platform.
12.6 You acknowledge and agree marketing and promotion of your property on the easyProperty Platform does not guarantee the sale of your property.
12.7 You acknowledge and agree the Estate Agent has sole responsibility for listing your property on at least one of the following property portals when you purchase a Bundle:
12.7.2 Zoopla; OR
12.8 We have no control over, do not guarantee and shall not be responsible for:
12.8.1 the conduct of viewings or the sale of a property;
12.8.2 the quality of service offered by an Estate Agent or Third Party Service Provider, including their compliance with all applicable laws; and/or
12.8.3 the suitability or ability to pay of any prospective purchasers responding to advertising on the easyProperty Platform or whether a vendor prospective purchaser will complete a relevant transaction.
12.9 We only supply the easyProperty Platform for domestic and private use. If you use the easyProperty Platform for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. IF YOU ARE A BUSINESS PLEASE REFER TO CLAUSE 13.3 AS YOU WILL BE SUBJECT TO SEPARATE TERMS.
12.10 We shall have no liability for any acts or omissions of any person during any viewings of your property, and we recommend that you have appropriate insurance in place in relation to viewings.
12.11 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms.
12.12 Nothing in these Terms limits or excludes the liability of evolve for:
12.12.1 death of personal injury resulting from its negligence; or
12.12.2 fraud or fraudulent misrepresentation.
12.13 Subject to clauses 12.11 and 12.12, evolve shall not under any circumstances be liable for any special, indirect or consequential loss, costs, damages, charges or expenses.
12.14 Subject to clauses 12.11, 12.12 and 12.13 evolve’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of these Terms shall in all circumstances be limited up to an aggregate total of 1,000 per property listed on the easyProperty Platform.
- WARRANTIES AND REPRESENTATIONS BY YOU
13.1 If you register via the easyProperty Platform you warrant and represent that you:
13.1.1 are not primarily operating as an estate agent, broker or intermediary charging marketing fees to sellers or landlords or any kind of fees to tenants or purchasers;
13.1.2 you are acting as a private individual for purposes which are outside your business or profession;
13.1.3 will not misrepresent yourself or your role in your dealings with us;
13.1.4 if you are a vendor or landlord:
220.127.116.11 have all relevant rights, permissions, consents and licences to market the property you are promoting;
18.104.22.168 are the legal owner and have all rights, titles and permissions to act as a landlord or vendor for the property you are marketing or have been granted all rights, titles and permissions to act on behalf of the legal owner in those capacities, and you will provide us with satisfactory evidence of the same on request;
22.214.171.124 have the knowledge, authority, understanding and consent of each and all of the legal and beneficial owners and occupiers of the property to market and sell the property;
126.96.36.199 will provide truthful and timely information regarding your property listings to us (including but not limited to its availability), will take the opportunity to check and verify such information on the easyProperty Platform, and agree not to withhold or hide anything material that in our opinion a reasonable purchaser or tenant would wish to know, or otherwise mislead any potential purchaser or tenant;
188.8.131.52 will adhere to all applicable legislation and regulations with regard to marketing, selling and letting property, including but not limited to any advertising regulations; and
184.108.40.206 will act in accordance with best industry practice in dealing with purchasers;
13.1.5 if you are a prospective purchaser:
220.127.116.11 will only make offers in respect of a listed property which are genuine and made in good faith;
18.104.22.168 will act in accordance with best industry practice in dealing with vendors;
13.1.6 will respond to enquiries in a timely manner; and
13.1.7 will act at all times in a manner which does not in our opinion bring us into disrepute or compromise the easyProperty Platform.
13.2 You may be asked to supply proof of ownership in relation to your property listing, which may include copies of your identity documents (including your passport and proof of address), mortgage statement, insurance document, Land Registry document and/or a signed letter from a solicitor confirming ownership. If you are marketing the property on behalf of the owner, we may require proof of your authority to do that. We reserve the right to delay the listing of, or delist, a property pending receipt of any such proof.
13.3 You warrant and represent that you are dealing as a consumer in relation to your use of the easyProperty Platform and any transaction entered into pursuant to these Terms. Dealing as a consumer means that you are acting for purposes which are outside your business or profession. IF IT IS THE CASE THAT YOU ARE NOT DEALING AS A CONSUMER, THESE TERMS SHALL NOT APPLY AND YOU MUST CONTACT US firstname.lastname@example.org.
- DATA PROTECTION
- INTELLECTUAL PROPERTY RIGHTS
15.1 All content, data and associated present and future copyright and other intellectual property rights subsisting in, or used in connection with, the easyProperty Platform, is our property (or that of our licensors) and nothing in these Terms shall be taken to transfer any such rights (including associated goodwill) to you.
15.2 Where you provide us with information and content for your Account and in connection with your Order, including images and other materials such as property descriptions, photographs, plans of the property or EPC reports ( Content) you hereby agree that the copyright and/or any other intellectual property rights in such Content shall be automatically assigned to us on creation.
15.3 You hereby confirm you own all content, data and associated present and future copyright and other intellectual property rights subsisting in, or used in connection with, the Content.
15.4 If any person informs us any Content on the easyProperty Platform provided by you infringes or potentially infringes that persons intellectual property rights we will conduct an investigation and may immediately take down the complained of information at our entire discretion. If you are notified of or identify any use of a third party’s intellectual property rights which you do not have permission to use, you must notify us immediately by email at email@example.com and remove it from the easyProperty Platform immediately.
15.5 You shall fully indemnify and keep fully indemnified evolve against any and all actions, costs, claims, demands, damages, expenses (including legal fees), liabilities, losses and proceedings in connection with any claim by a third party that any of the Content infringes the intellectual property rights of that third party.
If you have a complaint relating to any Services, please contact us at the following address: firstname.lastname@example.org. Please note, where the Service has been provided by an Estate Agent or a Third Party Service Provider, we may direct you to the relevant contact for this Service which should also be contained in the relevant terms and conditions for that Estate Agent (the Terms of Sale) or Third Party Service Provider (as applicable).
17.1 These Terms (and the documents referred to herein) constitute the entire agreement between us and replace all previous agreements, promises, assurances, warranties, representations and understandings (whether written or oral, express or implied) relating to the matters contained or referred to in the Terms. Each party acknowledges that in entering into these Terms it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not expressly set out in these Terms. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms. Nothing in this paragraph shall limit or exclude any liability for fraud.
17.2 You may not assign, transfer or sub-contract any of your rights under the Terms without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.
17.3 A person who is not a party to the Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision in the Terms.
17.4 Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, except as set out in clause 2.5, constitute either party the agent of the other party, or authorise you to bind us or make any promises on our behalf. Each party confirms it is acting on its own behalf and not for the benefit of any other person.
17.5 No failure or delay by us to exercise any right or remedy provided under the Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
17.6 If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted and the rest of the Terms shall remain in full force and effect. If one party gives notice to the other of the possibility that any provision or part-provision of this agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
17.7 Alternative dispute resolution is a process where an independent body, such as The Property Redress Scheme considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact The Property Redress Scheme. You can submit a complaint to The Property Redress Scheme via their website at www.theprs.co.uk.The Property Redress Scheme will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
17.8 These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. You and we both agree to the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
These Terms were last updated on 1st January 2020.