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Terms and conditions

All users, both registered and not registered (‘User’), must carefully read the following Terms and Conditions and the documents referred to therein before accessing and using the Sell Your House Yourself website sellyourhouseyourself.co.uk.

Definitions of terms used in these ‘Terms and Conditions’:

Term:

Definition:

‘Advert’

an advert of a Property;

‘Buyer’

a person (other than SYHY) accessing the Website in any capacity other than as a Seller/Letter;

‘Content’

all the content on the Website including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations, links and software, and the compilation thereof and the like other than that which falls under the definition of Your Content;

‘Contract’

any contract between You and SYHY made pursuant to these Terms and Conditions;

‘Control Panel’

the area of the Website where Sellers/Letters may upload details of their Property and manage their Advert;

‘Fee’

the fee for the Service as set out in the Website for the Service;

‘Launched’

flagged the Advert as a live advert on the Website;

‘Properties’

a Property or more than one Property.

‘Property’

a domestic property which is uploaded onto the Website by a Seller or any one of them as the context requires for the purpose of selling the property;

‘Seller’

a person or persons who have registered their details as a seller/letter on the Website and is accessing the Website for the purpose of uploading a Property or managing the details of a Property or accessing or managing their Control Panel;

‘Service’

the service provided by SYHY including but not limited to the Website and access to it and the service provided through the Website;

‘SYHY’

Sell Your House Yourself Ltd, a limited company registered under the Companies Act 2006 and registered in England and Wales with company number 11628519 whose registered office is at 8 Bore Street, Lichfield, United Kingdom, WS13 6LL and any employee, officer, agent, or person or corporation authorised to act on behalf of Sell Your House Yourself Ltd;

'You'

If you are a Seller/Letter: you and anyone with whom you own the Property and anyone to whom you have provided passwords, or any other piece of information which forms part of SYHY’s security procedures, or any such person acting on your behalf or with your authorisation.

 

If you are a Buyer/Renter: you and anyone to whom you have provided passwords, or any other piece of information which forms part of SYHY’s security procedures, or any such person acting on your behalf or with your authorisation;

'Your'

belonging to You; and

‘Your Content’

any photographs, images, graphics, text, audio, video or other materials or content that You upload to the Website or otherwise submit to or make available to SYHY to enable or assist SYHY in the provision of the Service.

  1. Acceptance of terms

By accessing or using the Website You are acknowledging that You have read and agree, without limitation or qualification, to be bound by these Terms and Conditions as well as SYHY’s Acceptable Use Policy and SYHY’s Privacy Policy.

If You do not agree to these Terms and Conditions or SYHY’s Privacy Policy and/or the Acceptable Use Policy, please refrain from using the Website.

  1. Service description

2.1 For Sellers/Letters:

SYHY provides the website portal for Sellers/Letters to advertise their Proper

A Seller/Letter may create an Advert to advertise their property for sale/to let. In order to do so, the Seller will need to register on the Website, and may upload details of their Property which may include photographs, dimensions, floor plans, narrative description of the property, an Energy Performance Certificate, a video and the Property’s address.

SYHY provide an e-mail portal for any potential Buyer/Renter to communicate with the Seller/Letter of a Property.

2.2 For Buyers:

SYHY‘s service to Buyers/Letters is limited to providing search facilities on the Website to assist in locating Properties which may be of interest to them as well as providing an e-mail portal for contacting the Sellers/Letters of any Property which is of interest to the Buyer/Renter. In using the e-mail portal, notwithstanding any other clause, you shall be deemed to have expressly agreed to SYHY providing the Seller/Letter with the means to reply to your e-mail via the portal, to have agreed to be bound by these terms and conditions in so far as they are applicable to Buyers/Renters and also to SYHY’s Acceptable Use Policy and SYHY privacy policies set out in the Privacy Notice.

2.3 Note:

SYHY is not an estate agency/letting agency and does not provide an estate/letting agency service. It is a worldwide web advertising platform for the sales/lettings of domestic property in the UK and does not act as an agent for the Seller/Renter.

  1. Accessing the Website

Access to the Website is permitted on a temporary basis, and SYHY reserves the right to withdraw or amend the Services including the Website without notice (see below). From time to time, SYHY may restrict access to some parts of the Website, or the entire Website, to members of the public and/or Sellers/Letters and Buyers/Renters including You.

SYHY does not guarantee that the Website or any of its contents will always be available or that access will not be interrupted from time to time.

If You are provided with any form of user identification code, password or any other piece of information which is required pursuant to SYHY security procedures, You must treat such information as confidential and You must not disclose it to any third party. Should You provide a third party with Your user identification code, password or any other piece of information which is required pursuant to SYHY’s security procedures, the third party will be deemed to be acting as Your agent and You shall be deemed responsible for their actions in respect of the Website and/or any other matter concerning SYHY where the third party has made use of Your user identification code, password or any other piece of information as part of SYHY’s security procedures. SYHY has the right to disable any user identification code or password, whether chosen by You or allocated to You by SYHY at any time, if, in the sole and unfettered opinion of SYHY, You have failed to comply with any of the provisions of these Terms and Conditions.

You are responsible for making all arrangements necessary for You to have access to the Website

You are also responsible for ensuring that all persons who access the Website through Your internet connection or as Your agent or on Your behalf are aware of these terms, and that they comply with them.

  1. Right to Cancel:

    1. Under the Consumer Contracts Regulations 2013, consumers have certain rights to cancel contracts made other than at business premises. Under these regulations, SYHY would not be able to supply the Service to You until 14 days after the contract is made.

    1. Sellers/Letters; without prejudice to any other clause herein, please note that at the time You are presented with the ‘Pay Now’ screen, You will be required to expressly give Your consent to SYHY providing the Services during Your legal cancellation period and also acknowledge that as a result of the supply beginning, Your right to cancel will be lost. If You do not give Your consent, the provision of the Service will be delayed by 14 days (the statutory cancellation period).

    1. Buyers/Renters; please note that without prejudice to any other clause herein, each time You access the contact page of the Website You will be asked to expressly agree to:

  • be bound by the terms herein;

  • be bound by SYHY’s Acceptable Use Policy; and

  • be bound by SYHY’s Privacy Policy; and

  • waive any statutory cancellation period
  1. Intellectual property

    1. Content that You submit

With respect to Your Content, You irrevocably grant SYHY a worldwide, royalty-free and non-exclusive licence(s) in perpetuity for SYHY to sublicense, store, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display Your Content in whole or in part and to incorporate the same into other works or services in any format or media now known or later developed for the purpose of:

  1. the inclusion of Your Content on the Website and in particular publicly accessible areas of the Website and also for SYHY to provide the Services; and

  2. for the purposes of providing and promoting SYHY and the Services it provides.

Although the licences are granted in perpetuity, You or SYHY may remove Your Content or any part thereof from the Website at any time and SYHY may remove same from any other website where SYHY has published Your Content upon or linked to the Website to. However, due to the nature of the worldwide web, it may not be possible to remove all of the content posted on the Website or any other website from the entire worldwide web and SYHY shall have no liability for any loss whatsoever howsoever arising for Your Content or any part thereof remaining on the worldwide web.

    1. All other content

All the Content on the Website is the property of SYHY or licensed to SYHY. All the Content including Your Content is protected by both United Kingdom and international copyright laws and other laws protecting intellectual property. Save as referred to below, the Content and the ‘Your Content’ of another may not be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without SYHY’s prior written consent.

You may print off one copy, and download extracts, of any page(s) from the Website for Your personal reference.

You must not modify the paper or digital copies of any materials You have printed off or downloaded in any way, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

SYHY’s status (and that of any identified contributors) as the authors of any Content other than Your Content must always be acknowledged.

You must not use any Content for commercial purposes without obtaining a licence to do so from SYHY.

  1. Indemnity

If You are a Seller/Letter, You warrant that:

  • the Property is a domestic property;

  • You either own the Property and have the right or legal authority to sell/let it, or that notwithstanding You are not the owner, You have the right to sell/let the Property (for example as executor of an estate);

  • without prejudice to the above, You are not, and no other owner of the Property, is not an undischarged bankrupt;

  • You are eighteen years of age or older;

  • any information You have given SYHY whether by completing forms on the Website of otherwise is complete, up-to-date, accurate, and free from material error and is not misleading in any way;

  • that You will immediately update the Website and inform SYHY should any information provided by You change or should You discover such information previously supplied is inaccurate or misleading in any way;

  • You own all intellectual property rights in Your Content or that You have licensed all such necessary rights for You to provide the licence pursuant to clause 4.1;

  • Your Content or any part of it complies with the content standards set out in SYHY’s Acceptable Use Policy and is not libellous to any person(s), company or group of companies or in any other way illegal or offensive; and

  • any contact You have with other users of the Website complies with the content standards set out in SYHY’s Acceptable Use Policy and is not in breach of any third party’s intellectual property rights and is not libellous to any person(s), company or group of companies or in any other way illegal or offensive;

If You are a Buyer/Renter, You warrant that:

  • that You are looking to buy/rent a property for yourself or You are looking at properties on behalf of a relative and You are not accessing the Website for commercial gain;

  • that any contact You have with other users of the Website complies with the content standards set out in SYHY’s Acceptable Use Policy and is not in breach of any third party’s intellectual property rights and is not libellous to any person(s), company or group of companies or in any other way illegal or offensive.

Whether You are a SellerLetter or a Buyer/Renter, You irrevocably agree to indemnify and hold SYHY harmless from any claim or demand, including any legal fees, made by any user (registered or otherwise) or third party due to or arising out of Your breach of these Terms and Conditions (including any documents incorporated by reference), Your violation of any law or the rights of a third party or any breach of Your representations and warranties as contained herein.

Without prejudice to any other right or remedy, SYHY may, at its sole and absolute discretion, at any time without notice remove from the Website any material which it believes has been posted in breach of the warranties contained herein and/or terminate Your access to the Website without notice.

  1. Changes to the Website

SYHY may at any time. without notice and at its absolute discretion, change the Content, amend, remove or edit Your Content or change the look, feel and functionality of the Website or suspend access to the Website, or close it indefinitely.

SYHY does not guarantee that the Website, or any Content, will be free from errors or omissions.

  1. Representations, warranties and limitation of liability

    1. Where the Adverts are up-loaded by Sellers/Letters, SYHY does not verify any such information and SYHY does not represent or warrant that any information accessible via this Website is accurate, complete or current. At any time, any or all of the material on the Website may be out of date, misleading or incorrect. You should always independently check any information before You rely on it. SYHY does not provide advice on buying/renting or selling/letting property of any kind. Any information displayed is of a general nature and is not intended to address Your particular requirements or constitute any form of advice, recommendation, arrangement or introduction by us.

    1. The Website is presented on an "as is" basis. SYHY makes no representations or warranties of any kind whatsoever in connection with the Website or the Content or Your Content. All conditions, warranties and other terms which might otherwise be implied by statute or common law are excluded to the fullest extent permitted by law and You agree that, to the fullest extent so permitted SYHY shall not be responsible or liable under any circumstances for any amount or kind of loss or damage whatsoever howsoever arising suffered or incurred by You as a result of You accessing the Website or using the Services including but not limited to, loss or damage due to viruses, malware, ransomware and the like that may infect Your computer equipment, software, or data.

    1. SYHY shall not be responsible or liable under any circumstances for any amount or kind of loss or damage whatsoever howsoever arising suffered or incurred by You consequent to You accessing other websites linked to the Website or Your use of the material on such websites.

    1. Without prejudice to the forgoing, SYHY will not be liable for any loss or damage incurred by Sellers/Letters and/or Buyers/Renters whether consequential or otherwise if for any reason the Website is unavailable at any time or for any period or where such loss or damage is caused by any third party whether that third party is a Buyer/Renter or Seller/Letter or some other person.You will hold SYHY harmless in respect of same and You will indemnify SYHY on a full indemnity basis in respect of any claim made by You against SYHY.

    1. Nothing in this clause 8 shall affect SYHY’s liability for death or personal injury arising from SYHY’s negligence, nor SYHY’s liability for any fraudulent misrepresentation by SYHY, nor any other liability which cannot be excluded or limited under applicable law.

  1. Time is not of the essence

Time is not of the essence in respect of any SYHY’s obligation to you

  1. Privacy policy

As a user of SYHY’s service, SYHY may collect personal data about Your use of the Website. You agree that SYHY may collect and process such information in accordance with SYHY’s Privacy Policy (as set out in its Privacy Statement published from time to time) and You warrant that all data provided by You is true and accurate in all material respects. In particular You consent to SYHY conducting any form of reasonable checks on You or the material You have provided to SYHY in order for SYHY to meet any of its legal obligations.

  1. Linking

You must not establish a link from any website and the Website must not be framed on any other site without the explicit written permission of SYHY. Any such permission given can be withdrawn without notice unless otherwise agreed.

If You wish to make any use of material on the Website other than as set out above, please address Your request to support@SellYourHouseYourself.co.uk

  1. Third Parties, Third Party Links and Resources in the Website

    1. Without prejudice to any other provision herein, where the Website contains links to other websites and resources provided by third parties, these links are provided for Your information only. SYHY has no control or responsibility over the contents of those sites or resources whatsoever and howsoever arising.

    1. Where a third party contacts You consequent to Your use of the Website  You agree that SYHY has no responsibility to You whatsoever for any service provided by such third party and You will hold SYHY harmless in respect of same and You will indemnify SYHY on a full indemnity basis in respect of any claim made by You against SYHY.

  1. Viruses and Misuse

SYHY does not warrant that the Website will be secure or free from bugs or viruses.

You are responsible for configuring Your information technology, computer programmes and platform in order to access the Website. You should use Your own virus protection software.

You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. You must not attempt to not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to operate the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack or any other attack with the intention of facilitating harm or damage to the Website or damage or loss to its users. By breaching this provision, You are committing a criminal offence under the Computer Misuse Act 1990. SYHY will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use the Website will cease immediately.

  1. Warning to Sellers and Buyers

SYHY is an advertising site where Sellers/Letters place advertisements for properties for sale/to let. SYHY does not carry out background checks on Buyers/Renters or Sellers/Letters.

  • Sellers/Letters should be aware that persons who contact them as potential buyers/renters may be dishonest, including fraudsters, burglars, time wasters and other undesirable persons. Before you provide any personal details or allow a person to visit Your property You must ensure that that You are satisfied that the person is a genuine and honest potential buyer and is not engaged in or planning any activity that would have adverse consequents to You. SYHY strongly recommends that before any person visits Your property, You ensure all private and confidential information (for example bank statements, credit card bills, utility bills, passports, driving licences and the like) are safely and securely stored away. Also, please do not take viewings when You will be the only person in the property.

  • Buyers should be aware that persons who advertise properties on the Website may be dishonest, including fraudsters, burglars, time wasters and other undesirable persons. Before you provide any personal details to anyone you have accessed (initially or otherwise) through the Website, You must ensure that that You are satisfied that the person is genuine and honest and is not engaged in or planning any activity that would have adverse consequents to You. You should also verify for Yourself any and all matters about the property You are considering purchasing/renting and/or about the Seller/Letter that if they were untrue would cause You to be unhappy for any reason.

  • SYHY STRONGLY RECOMMENDS THAT WHEN SELLING/LETTING OR PURCHASING/RENTING A PROPERTY YOU SHOULD USE A SOLICITOR FOR YOUR CONVEYANCING

  1. Applicable law and forum

These Terms and Conditions shall be governed by the laws of England. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to or any other use of the Website.

  1. Severance

If any provisions, or part-provision, of these terms are or becomes invalid, illegal or unenforceable, the Terms and Conditions shall be deemed to be modified to the minimum extent necessary to make any such provision or part-provisions valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to, or deletion, of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.

  1. Variations

SYHY may revise these Terms and Conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes made by SYHY, as they are binding on You and Your agents.