RESIDENTIAL SALES AGENCY TERMS AND CONDITIONS

These Terms and Conditions (Terms) and our Privacy Policy and Terms of Website Use give you information about us and the legal terms and conditions on which you appoint us to market a residential property for sale. It is a requirement of the Estate Agents Act 1979 that you understand and accept our Terms before instructing us in relation to the sale of your Property.

We are Moonline Property Limited ("we" or "us"), a company incorporated in England and Wales under company number 10620761, and have our registered office at 3rd Floor, 20 Bedford Street, Covent Garden, London, WC2E 9HP. Our main trading address is at Ground Floor, 2 Penta Court, Station Road, Borehamwood, WD6 1SL.

YOU ("YOU" OR "YOUR") ARE THE OWNER OF THE PROPERTY OR HAVE THE OWNER'S EXPRESS PERMISSION TO DEAL WITH IT. YOU MUST BE OVER 18 YEARS OLD.

These Terms apply to any contract between us (Contract) for the provisions of our property sales and estate agency services described in these Terms (Services) so please read them carefully. Please note that before using our Services you will be asked to agree to these Terms by ticking the acceptance box online. If you refuse to accept these Terms, you will not be able to use our Services.

The use of our Website is governed by our Terms of Website Use. We only use your personal information in accordance with our Privacy Policy . Please take the time to read our Terms of Website Use and Privacy Policy as they include important terms which apply to you.

1.

Interpretation

The following definitions and rules of interpretation apply in these Terms.

1.1

Definitions

Agency Period

means the six month period starting on the date the Contract comes into force and any agreed extension thereof, unless terminated earlier in accordance with clauses 7 or 8, and ending in any event on completion of the sale of the Property.

Business Day

a day other than a Saturday, Sunday or public holiday when banks in the City of London are open for business.

Full Moon Services

means the marketing services, the viewing services provided by a Local Property Expert and any other services described as Full Moon Services in these Terms and/or on Our Website.

Half Moon Services

means the marketing services for the Property and any other services described as Half Moon Services in these Terms and/or on Our Website.

Local Property Expert

means the person(s) appointed by us to conduct viewings and perform any other Services in respect of the Property.

Market Appraisal Form

means the form (also known as valuation of property form) which you complete on Your MoonHub Centre with your personal details and details of the Property to request a Market Appraisal Report.

Market Appraisal Report

means the market appraisal report (also known as valuation report) prepared by us following a visit to your Property by a Local Property Expert which sets out our valuation of the Property and a recommended price.

Normal Hours

between 9 am and 8 pm Mondays to Fridays and on Saturdays by prior agreement with your Local Property Expert.

Our Website

Over the Moon Service(s)

means any extra selling tool and Services in addition to the Full Moon Services and Half Moon Services as described in these Terms and/or on Our Website.

Partner Websites

means zoopla.co.uk, rightmove.co.uk, primelocation.com and any other property websites with which we partner from time to time, referred to on Our Website.

Price List

the list of our prices for the provision of the Services, as set out in Our Website from time to time.

Property

means the property identified in the Market Appraisal Form.

Your MoonHub Centre

means a personal hub/live portal on Our Website to which you will be granted access once you have signed up on which you will be able to review your Property, monitor the progress of the sale of your Property, order Services, review offers and viewings and update your calendar.

1.2

Any reference in these Terms to "writing", or cognate expressions, includes a reference to any communication effected by e-mail, via your MoonHub Centre or by similar means.

1.3

Any reference in these Terms to any statute or provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.

1.4

1.4 The headings in this document are for convenience only and shall not affect its interpretation.

2.

Appointment

2.1

Following receipt of your Market Appraisal Form, a Local Property Expert shall visit the Property to inspect it and prepare a Market Appraisal Report without cost to you. If you are satisfied with the Market Appraisal Report you can order Half Moon or Full Moon Services via Your MoonHub Centre. By doing so, you accept these Terms and appoint us on a non-exclusive basis to act as your agent in relation to the sale of the Property and to provide the Services described in clause 3.

2.2

Because our appointment is non-exclusive, you may appoint another person or persons to act as your agent in addition to us during the Agency Period but it is your responsibility to check that you would not breach your agreement with other agents by appointing us. Furthermore, this will not affect your liability to pay to us the fees and charges arising under the Contract, as described in these Terms. You may also be liable to pay fees or commissions to other agents.

2.3

We will confirm that we accept your appointment by sending to you an e-mail or via your MoonHub Centre. The Contract between us will only come into force when we have sent you such an e-mail.

3.

The Moonline Services

3.1

During the Agency Period, we shall market the Property for sale on the open market. The way in which we do this will depend on which of the following Services you buy from us:-

  • Visit and inspect the Property.
  • Prepare particulars of the Property, including a written description, floor plan and professional photographs.
  • Place such particulars on Our Website and such Partner Websites as we may decide.
  • Advise you on the value of the Property.
  • Enable you to arrange viewings of the Property (which you will conduct yourself) via Your MoonHub Centre.
  • Take reasonable steps, in respect of any person who has made an offer to buy the Property, to establish the source and availability of that person's funds for the urchase, and relay this information to you.
  • Make your Local Property Expert available to you on reasonable notice during Normal Hours for the purposes of consultation and advice relating to the Property.
  • Erect a "for sale" board outside the Property and comply with the Town and Country Planning (Control of Advertisements) Regulations 2007.
  • Such other Services as indicated on Our Website from time to time.

All the Half Moon Services plus:

  • Arrange and escort viewings by your Local Property Expert during Normal Hours, subject to your Local Property Expert's availability, and keep you informed of the outcome of all enquiries and viewings.
  • Such other Services as indicated on Our Website from time to time.
  • Arrange for an Energy Performance Certificate (EPC) to be prepared for the Property prior to marketing, should your Property require one.
  • Not provide a "for sale" board outside the Property.
  • Re-erect a "for sale" board outside the Property where it has been lost, destroyed or removed.
  • Arrange for the Property to be listed as a premium listing on Partner Websites which offer such a service.
  • Such other Services as indicated on Our Website from time to time.

3.2

You acknowledge and agree as follows:-

(a)

We have no control over Partner Websites and we shall not be responsible for the presentation or the continued marketing of your Property on such Partner Websites;

(b)

We will not provide any Services until the end of the 14 day cancellation period set out in clause 7.3, unless you expressly instruct us to do so;

(c)

We will use reasonable skill and care in advising you on the value of the Property but you will be solely responsible for deciding the price at which it should be marketed and whether to accept any offer from a buyer;

(d)

The viewing services are subject to your Local Property Expert's availability;

(e)

Over the Moon Services are optional extras that can be purchased on request at the time you subscribe for the Half Moon Services or Full Moon Services or at any time during the Agency Period in conjunction with Half Moon Services or Full Moon Services;

(f)

You shall be responsible for any "for sale board" once it has been erected at the Property and you will replace or repair any lost or damaged boards at your expense. If we re-erect a damaged or stolen board, you will be charged at the rate specified in our Price List under "no board request".

(g)

If you do not wish us to erect a "for sale board" or you ask us to remove one already supplied, this will be subject to an extra cost at the rate specified in the Price List;

(h)

If you have chosen the Half Moon Option or if you wish to organise viewings outside Normal Hours, you shall arrange viewings via Your MoonHub Centre, and conduct them yourself;

(i)

You may at any time during the Agency Period upgrade to the Full Moon Services but only on a Pay Now basis;

(j)

We will market or describe the Property, unless otherwise agreed as being:

i)

"under offer" where a formal offer has been accepted and solicitors' details have been exchanged or if another agent markets the Property "under offer". In such a case no further viewings will be arranged unless you instruct us to do so; and

ii)

"sold" once the sale has been completed or if another agent markets the Property as "sold".

3.3

You may accept or negotiate an offer or ask your Local Property Expert to do so on your behalf and you must decline an offer promptly if you have accepted another offer.

3.4

You authorise us to use, store, reproduce and edit and disclose to any third party for the purpose of providing the Services in accordance with these Terms all information that you provide to us relating to the Property.

3.5

We shall obtain and maintain in force during the Agency Period all licences, permits and approvals which are necessary or advisable for the performance of our duties under these Terms and shall comply with all relevant legislation and guidance.

3.6

We shall act with all due care and diligence and in accordance with sound commercial principles.

3.7

Subject as provided in these Terms and to any directions which you may from time to time properly give, we shall be entitled to perform our duties under these Terms in such manner as we may think fit.

3.8

We may recommend certain products and services to you including but not limited to conveyancers, mortgage providers, interior designers, insurers, surveyors. Please note that we may receive commissions for such recommendations.

4.

Your Commitments

4.1

You confirm that you are the owner(s) of the Property and/or are entitled to sell it on behalf of the owner pursuant to specific written instructions. Where the Property is jointly owned, the person completing the Market Appraisal Form warrants to us that he/she is authorised by all co-owners to enter into a Contract with us on their behalf.

4.2

You shall provide us with any identification documents which we require you to give to us in order to enable us to comply with our anti-money laundering obligations and we reserve the right not to commence marketing the Property until you provide the required documents to us.

4.3

Where you have opted for the Full Moon Services, you shall provide us with one set of keys to the Property and confirm that we may make further copies of the keys as necessary. All keys will be stored in a safe place and returned to you when required. If you do not wish to provide us with one set of keys you shall arrange for someone to be at the Property when viewings are to take place.

4.4

If you do not ask us to supply an Energy Performance (EPC) certificate, you will provide us with a valid Energy Performance Certificate, if applicable, and you agree that we shall not commence marketing the Property until you provide it to us.

4.5

You shall make sure that the Property is fit to be photographed when our professional photographer comes to take photographs of the Property. If you wish our professional photographer to take additional photographs of the Property after his first visit we shall charge you additional costs to be paid in accordance with clause 5.5(b) at the rate set out in our Price List.

4.6

You shall check the draft particulars of the Property prepared by us and confirm their accuracy or notify us of any required changes.

4.7

You shall ensure that the Property is safe and in a suitable fit and tidy condition for viewings, whether you conduct them yourself or we do so on your behalf.

4.8

You will notify us immediately when an offer is made directly to you or through another agent and also when you exchange contracts and complete the sale of the Property.

4.9

Subject to us complying with our obligations under these Terms, you shall indemnify us against all and any liability (including but not limited to all costs and expenses of defending any proceedings) which we may incur by reason only of us being held out as your agent.

5.

Fees and Payment

5.1

You agree to pay the fees for our Services at the rates quoted in the Price List on Our Website from time to time. You understand and agree that such fees are payable irrespective of whether or not your Property is sold.

5.2

We may change the Price List from time to time but any change will not affect the cost of any Services purchased before the changes come into effect.

5.3

Our fees include VAT (where applicable) at the current rate chargeable in the UK from time to time and will be subject to adjustment in the event of a change in the applicable rate of VAT.

5.4

You can only pay for our Services using a debit or credit card and you must provide us with the details thereof when you order the Services via Your MoonHub Centre. If you pay on a Pay Monthly basis, you can only pay by direct debit except for the first payment which can be paid by debit or credit card. Details of the cards that we can accept are listed on Our Website. By providing to us your debit or credit card details you authorise us to charge to you any payment due by you to us under the Contract as described in clause 5.5.

5.5

When you must pay depends on which Services you are buying and which payment option you have chosen:

(a)

Subject to clauses 5.6 and 5.7, the Half Moon Services and the Full Moon Services can be paid by using any of the following option:

i)

Pay Now: full payment for the Services is made in advance at the time you order the Services via Stripe.

ii)

Pay Monthly: payment for the Services is made in six monthly instalments via Go Cardless. You shall make the first monthly payment at the time you order the Services followed by 5 equal monthly instalments. If the sale of the Property is completed before the end of the Agency Period we will charge you the balance of the Pay Monthly fees on completion of the sale. If the Contract is terminated in accordance with clauses 7 or 8 we will charge you in accordance with those clauses.

iii)

Pay Later: payment is taken from your debit or credit card or bank account via Go Cardless at the end of the first six months of the Agency Period, or on completion of the sale of the Property or when the Contract is terminated in accordance with clauses 7 or 8, whichever is earlier and whether your Property has been sold or not and whether through us or another agent.

(b)

Any Over The Moon Services ordered at the same time as the Half Moon Services or Full Moon Services will be paid on the same basis as the Half Moon Services or Full Moon Services. Any Over The Moon Services ordered after the initial subscription for the Full Moon Services or the Half Moon Services may only be ordered on a Pay Now basis.

5.6

If you renew the Half Moon Services or the Full Moon Services in accordance with clause 6.2, payment must be made in advance at the time you subscribe for the renewal on the Pay Now basis.

5.7

If the registered owner(s) of the Property were not present during the market appraisal visit all payments must be made on the Pay Now basis.

5.8

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 2% a year above the base lending rate of the Bank of England from time to time. 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.

6.

Duration and Termination of Agency Contract

6.1

We will supply the Services to you from the date we accept your order until one of the following events occurs, whichever happens first:

(a)

the end of the Agency Period; or

(b)

the completion of the sale of the Property, whether through us or another agent; or

(c)

either of us ends the Contract in accordance with clauses 7 or 8.

6.2

You can renew the Half Moon or Full Moon Services in relation to the same Property, irrespective of which of these two options you had previously ordered, at a discounted price specified in our Price List, at any time prior to the end of the first 6 months of the Agency Period.

6.3

Upon the termination of the Contract, we shall cease to promote, market, advertise or solicit offers for the Property.

6.4

If our performance of the Services is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this and the delay has not been caused by us we will not be liable for losses caused by the event. If there is a risk of substantial delay you may contact us to end the Contract and you may receive a refund for any Services you have paid for but not received.

6.5

We may have to suspend the Services to:

(a)

deal with technical problems or make minor technical changes;

(b)

update the Services to reflect changes in relevant laws and regulatory requirements; or

(c)

make changes to the Services as requested by you or notified by us to you.

6.6

We will contact you in advance to tell you we will be suspending the Services, unless the problem is urgent or in an emergency. If we have to suspend the Services for longer than 7 days we will extend the provision of our Services to you for a time equivalent to the suspension.

6.7

If you do not pay us for the Services when you are supposed to or if the collection of your payment fails and you still do not make payment within 5 Business Days of us reminding you that payment is due, we may suspend supply of the Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Services.

7.

Your Rights to end the Contract

7.1

You may contact us at any time to end the Contract, but in some circumstances we may charge you for doing so, as described below.

7.2

If you are a consumer, you have a legal right to cancel the Contract during the period set out in clause 7.3. This means that if you change your mind or decide for any other reason that you do not want to use the Services during the relevant period, you can notify us of your decision to cancel the Contract and receive a refund.

7.3

The deadline for cancelling the Contract is the end of 14 days after the day on which the Agency Period commences. If you have ordered any Over the Moon Services, the deadline for cancelling each of these Services is the end of 14 days after the day on which we confirm our acceptance of your order for the Over the Moon Services by email or via Your MoonHub Centre.

7.4

You must inform us if you wish to cancel the Contract. The easiest way to do this is to complete the cancellation form in hard copy or complete it on Your MoonHub Centre. If you use this method we will e-mail you to confirm that we have received your cancellation.

You can also telephone us at +44 (0)20 3866 5050 or e-mail us at info@moonlineproperty.co.uk.

7.5

If you are exercising your right to cancel the Contract and have asked us to start providing the Services during the cancellation period, we may deduct from any refund, or charge you (if you have chosen to Pay Monthly or Pay Later), an amount for the supply of the Services for the period for which it was supplied, ending with the time when you told us you wished to cancel the Contract. The amount will be in proportion to what has been supplied, and will include but not be limited to the costs of uploading the Property details on Our Website and Partner Websites, photographers' fees, costs for any viewings and administrative costs.

7.6

If you cancel the Contract, we will refund you on the credit card or debit card or bank account used by you to pay or by cheque within 14 days after you inform us of your decision to cancel the Contract.

7.7

You cannot cancel the Contract in respect of Services which have been completed.

7.8

If you cancel the Contract this shall not affect your liability to pay for Services which have already been provided or have commenced.

7.9

In addition, you can end the Contract for a reason set out at (a) to (c) below. In such a case the Contract will end immediately and we will refund you for any Services which have not been provided or have not been provided properly. The relevant reasons are:

(a)

we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;

(b)

there is a risk the Services may be significantly delayed because of events outside our control; or

(c)

we do not perform the Services in accordance with the Contract and fail to remedy any breach within ten Business Days of receipt of written notice from you describing the breach and requiring it to be remedied.

7.10

If you end the Contract after the cancellation period referred to in clause 7.3 and/or for none of the reasons set out at (a) to (c) we may retain the full amount already paid by you, or charge you (if you have chosen to Pay Monthly or Pay Later) the full balance payable by you for the supply of the Services.

8.

Our Rights to end the Contract

8.1

We may end the Contract at any time by writing to you if:

(a)

you do not make any payment to us when it is due and/or we cannot collect payment from the credit or debit card or bank account you have supplied to us and you still do not make payment within 5 Business Days of us reminding you that payment is due;

(b)

you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services, for example, the particulars of the Property, your identity documents to enable us to comply with our anti-money laundering obligations or the EPC; or

(c)

you do not give us access to your Property to enable us to provide the Services to you.

8.2

If we end the Contract in the situations set out in clause 8.1 we will refund any money you have paid in advance for Services we have not provided but we shall be entitled to deduct or charge you reasonable compensation for the costs we have incurred or will incur as a result of your breaking the contract including the costs of bringing any proceedings against you, together with reasonable legal fees. We will deduct from any refund, or charge you (if you have chosen to Pay Monthly or Pay Later), an amount for the supply of the Services for the period for which they were supplied.

9.

Complaints

9.1

We are a member of The Property Redress Scheme.

8.2

If you have any complaints about our Services, please read our Complaints Policy which will guide you on how to raise a complaint or email us at complaints@moonlineproperty.co.uk.

10.

Other Important Terms

10.1

We may transfer our rights and obligations under the Contract to a third party but this will not affect your rights or our obligations under these Terms.

10.2

You may only transfer your rights or your obligations under the Contract to another person if we agree in writing.

10.3

Each party acknowledges that, in entering into the Contract, it does not rely on any representation, warranty or other provision except as expressly provided in these Terms, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

10.4

No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either party of a breach of any provision of the contract shall be deemed to be a waiver of any subsequent breach of the same or any other provision.

10.5

If any provision of these Terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the remaining paragraphs shall continue to be valid.

10.6

Except as set out in these Terms, any variation, modification or amendment to the Contract, including this form requirement, must be agreed between us in writing in order to be valid and binding.

10.7

This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999, or otherwise.

10.8

Nothing in these Terms shall create, or be deemed to create, a partnership or the relationship of employer and employee between us.

11.

How we may use your personal information

11.1

We will use the personal information you provide to us in accordance with our Privacy Policy:

(a)

to supply the Services to you;

(b)

to process your payment for the Services; and

(c)

if you have agreed to this at any time, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us

11.2

We may pass your personal information to credit reference agencies, surveyors, solicitors or mortgage brokers. Where we extend credit to you for the Services we may pass your personal information to financial institutions and credit reference agencies and they may keep a record of any search that they do.

11.3

We will only give your personal information to other third parties where the law either requires or allows us to do so.

12.

Notices

12.1

Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail or via Your MoonHub Centre.

12.2

A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid domestic UK first class post or other next working day delivery service, at 11.00 am on the second Business Day after posting or if sent by e-mail or via your MoonHub Centre, one Business Day after transmission. In all other circumstances, a notice or communication shall be deemed to have been received on the date of actual receipt. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

13.

Law and Jurisdiction

Please note that these Terms and any Contract for the provision of our Services through Our Website and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) will be governed by English law. You and we both agree that 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 a resident of Scotland, you may also bring proceedings in Scotland.

RESIDENTIAL LETTINGS AGENCY TERMS AND CONDITIONS

These Terms and Conditions (Terms) and our Privacy Policy and Terms of Website Use give you information about us and the legal terms and conditions on which you appoint us to secure the letting of a residential property on an assured shorthold tenancy.

We are Moonline Property Limited ("we" or "us"), a company incorporated in England and Wales under company number 10620761, and have our registered office at 3rd Floor, 20 Bedford Street, Covent Garden, London, WC2E 9HP. Our main trading address is at Ground Floor, 2 Penta Court, Station Road, Borehamwood, WD6 1SL.

YOU ("YOU" OR "YOUR") ARE THE OWNER OF THE PROPERTY OR HAVE THE OWNER'S EXPRESS PERMISSION TO DEAL WITH IT. YOU MUST BE OVER 18 YEARS OLD.

These Terms apply to any contract between us (Contract) for the provisions of our property letting services described in these Terms (Services) so please read them carefully. Please note that before using our Services you will be asked to agree to these Terms by ticking the acceptance box online. If you refuse to accept these Terms, you will not be able to use our Services.

The use of our Website is governed by our Terms of Website Use. We only use your personal information in accordance with our Privacy Policy . Please take the time to read our Terms of Website Use and Privacy Policy as they include important terms which apply to you.

1.

Interpretation

The following definitions and rules of interpretation apply in these Terms.

1.1

Definitions

Agency Period

means the six month period starting on the date the Contract comes into force and any agreed extension thereof, unless terminated earlier in accordance with clauses 7 or 8, and ending in any event on the signature of a tenancy agreement for the Property.

Business Day

a day other than a Saturday, Sunday or public holiday when banks in the City of London are open for business.

Deposit

means a deposit received from a tenant in respect of possible breaches of the tenant's obligations in the tenancy agreement.

Full Moon Services

means the marketing services, the viewing services provided by a Local Property Expert and any other services described as Full Moon Services in these Terms and/or on Our Website.

Half Moon Services

means the marketing services for the Property and any other services described as Half Moon Services in these Terms and/or on Our Website.

Local Property Expert

means the person(s) appointed by us to conduct viewing and perform any other services in respect of the Property.

Market Appraisal Form

means the form (also known as valuation of property form) which you complete on Your MoonHub Centre with your personal details and details of the Property to request a Market Appraisal Report.

Market Appraisal Report

means the market appraisal report (also known as valuation report) prepared by us following a visit to your Property by a Local Property Expert which sets out our recommended assessment of the market rent of the Property.

Normal Hours

between 9 am and 8 pm Mondays to Fridays and on Saturdays by prior agreement with your Local Property Expert.

Our Website

Over the Moon Service(s)

means any extra marketing tool and Services in addition to the Full Moon Services and Half Moon Services as described in these Terms and/or on Our Website.

Partner Websites

means zoopla.co.uk, rightmove.co.uk, primelocation.com and any other property websites with which we partner from time to time.

Price List

The list of our prices for the provision of the Services, as set out in Our Website from time to time.

Property

means the property identified in the Market Appraisal Form.

Your MoonHub Centre

means a personal hub/live portal on Our Website to which you will be granted access once you have signed up on which you will be able to review your Property monitor the progress of the letting of your Property, order Services, review offers and viewings and update your calendar.

1.2

Any reference in these Terms to "writing", or cognate expressions, includes a reference to any communication effected by e-mail or similar means.

1.3

Any reference in these Terms to any statute or provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.

1.4

The headings in this document are for convenience only and shall not affect its interpretation.

2.

Appointment

2.1

Following receipt of your Market Appraisal Form, a Local Property Expert shall visit the Property to inspect it and prepare a Market Appraisal Report without cost to you. If you are satisfied with the Market Appraisal Report you can order Half Moon or Full Moon Services via Your MoonHub Centre. By doing so, you accept these Terms and appoint us on a non-exclusive basis to act as your agent in relation to the letting of the Property and to provide the Services described in clause 3.

2.2

Because our appointment is non-exclusive, you may appoint another person or persons to act as your agent in addition to us during the Agency Period but it is your responsibility to check that you would not breach your agreement with other agents by appointing us. Furthermore, this will not affect your liability to pay to us the fees and charges arising under the Contract, as described in these Terms. You may also be liable to pay fees or commissions to other agents.

2.3

We will confirm that we accept your appointment by sending to you an e-mail or via your MoonHub Centre. The Contract between us will only come into force when we have sent you such an e-mail.

3.

The Moonline Services

3.1

During the Agency Period, we shall market the Property for letting on an assured shorthold tenancy at a market rent. The way in which we do this will depend on which of the following Services you buy from us:-

Half Moon Services

  • Visit and inspect the Property.
  • Prepare particulars of the Property, including a written description, floorplan and professional photographs.
  • Place such particulars on Our Website and such Partner Websites as we may decide.
  • Advise you on the rental value of the Property.
  • Enable you to arrange viewings of the Property (which you will conduct yourself) via Your MoonHub Centre.
  • Make your Local Property Expert available to you on reasonable notice during Normal Hours for the purposes of consultation and advice relating to the Property.
  • Erect a "to let" board outside the Property and comply with the Town and Country Planning (Control of Advertisements) Regulations 2007.
  • Such other Services as indicated on Our Website from time to time.

Full Moon Services

All the Half Moon Services plus:

  • Arrange and escort viewings by your Local Property Expert during Normal Hours, subject to your Local Property Expert 's availability, and keep you informed of the outcome of all enquiries and viewings.
  • Such other Services as indicated on Our Website from time to time.

Over the Moon Services

  • Arrange for an Energy Performance Certificate (EPC) to be prepared for the Property prior to marketing, should your Property require one.
  • Not provide a "to let" board outside the Property.
  • Re-erect a "to let" board outside the Property where it has been lost, destroyed or removed.
  • Arrange for the Property to be listed as a premium listing on Partner Websites which offer such a service.
  • Such other Services as indicated on Our Website from time to time.

3.2

For any management services we can arrange for these to be provided by a separate agreement with a management company called W Property Management LLP: Further details can be provided on request via your MoonHub Centre.

3.3

You acknowledge and agree as follows:-

(a)

We have no control over Partner Websites and we shall not be responsible for the presentation or the continued marketing of your Property on such Partner Websites;

(b)

We will not provide any Services until the end of the 14 day cancellation period set out in clause 7.3, unless you specifically instruct us to do so;

(c)

We will use reasonable skill and care in advising you on the value of the Property but you will be solely responsible for deciding the price at which it should be marketed and whether to accept any offer from a tenant;

(d)

The viewing services are subject to your Local Property Expert's availability;

(e)

Over the Moon Services are optional extras that can be purchased on request at the time you subscribe for the Half Moon Services or Full Moon Services or at any time during the Agency Period in conjunction with Half Moon Services or Full Moon Services;

(f)

You shall be responsible for any "to let board" once it has been erected at the Property and you will replace or repair any lost or damaged boards at your expense. If we re-erect a damaged or stolen board, you will be charged at the rate specified in our Price List under "no board request";

(g)

If you do not wish us to erect a "to let board" or you ask us to remove one already supplied, this will be subject to an extra cost at the rate specified in the Over the Moon Services Price List;

(h)

If you have chosen the Half Moon Option or if you wish to organise viewings outside Normal Hours, you shall arrange viewings via Your MoonHub Centre, and conduct them yourself;

(i)

You may at any time during the Agency Period upgrade to obtain the Full Moon Services;

(j)

We will market or describe the Property, unless otherwise agreed as being:

i)

"under offer" where a formal offer has been accepted or if another agent markets the Property "under offer". In such a case no further viewings will be arranged unless you instruct us to do so; and

ii)

"let" once the tenancy agreement has been signed or if another agent markets the Property as "let".

3.4

You may accept or negotiate an offer or ask your Local Property Expert to do so on your behalf and you must decline an offer promptly if you have accepted another offer.

3.5

You authorise us to use, store, reproduce and edit and disclose to any third party for the purpose of providing the Services in accordance with these Terms all information that you provide to us relating to the Property.

3.6

We shall obtain and maintain in force during the Agency Period all licences, permits and approvals which are necessary or advisable for the performance of our duties under these Terms and shall comply with all relevant legislation and guidance.

3.7

We shall act with all due care and diligence and in accordance with sound commercial principles.

3.8

Subject as provided in these Terms and to any directions which you may from time to time properly give, we shall be entitled to perform our duties under these Terms in such manner as we may think fit.

3.9

We may recommend certain products and services to you including but not limited to property managers, interior designers, insurers, surveyors. Please note that we may receive commissions for such recommendations.

4.

Your Commitments

4.1

You confirm that you are the owner(s) of the Property and/or are entitled to let it on an assured shorthold tenancy on behalf of the owner pursuant to specific written instructions. Where the Property is jointly owned, the person completing the Market Appraisal Form warrants to us that he/she is authorised by all co-owners to enter into a Contract with us on their behalf.

4.2

You confirm that:

(a)

any consent required from a freeholder or superior landlord under the terms of your lease;

(b)

any consent required from your mortgagee; and

(c)

any consent required from your insurers

has been obtained or will be obtained before any tenancy agreement is signed.

4.3

You shall provide us with any identification documents which we require you to give to us in order to enable us to comply with our anti-money laundering obligations and we reserve the right not to commence marketing the Property until you provide the required documents to us.

4.4

Where you have opted for the Full Moon Services, you shall provide us with one set of keys to the Property and confirm that we may make further copies of the keys as necessary. All keys will be stored in a safe place and returned to you when required. If you do not wish to provide us with one set of keys you shall arrange for someone to be at the Property when viewings are to take place.

4.5

If you do not ask us to supply an Energy Performance (EPC) certificate, you will provide us with a valid Energy Performance Certificate, if applicable, and you agree that we shall not commence marketing the Property until you provide it to us. You also understand that if the result of the EPC is below D, we will not market the Property.

4.6

You shall make sure that the Property is fit to be photographed when our professional photographer comes to take photographs of the Property. If you wish our professional photographer to take additional photographs of the Property after his first visit we shall charge you additional costs to be paid upfront at the rate set out in our Price List.

4.7

You shall check the draft particulars of the Property prepared by us and confirm their accuracy or notify us of any required changes.

4.8

You shall ensure that the Property is safe and in a suitable fit and tidy condition for viewings, whether you conduct them yourself or we do so on your behalf.

4.9

You will notify us immediately when an offer is made directly to you or through another agent and also when the tenancy agreement is signed.

4.10

You shall ensure that all furnishings in the Property comply with the Furniture and Furnishings (Fire) (Safety) Regulations 1988.

4.11

You understand your duties as a landlord under the Gas Safety (Installation and Use) Regulations 1998. In particular you shall, before a tenancy commences provide us with a copy of the report from the last annual safety check carried out by a Gas Safe registered engineer (which must be less than 12 months old).

You understand that we shall not commence marketing the Property until you comply with the above.

4.12

You understand your duties as a landlord under the Electrical Equipment (Safety) Regulations 1994. In particular you shall, before a tenancy commences:

(a)

ensure that all electrical equipment provided by you at the Property complies with the Regulations; and

(b)

provide us with a certificate from an electrician who is registered with a government-approved organisation (such as NICEIC) as to the safety of the electrical installations and appliances at the Property.

You understand that we shall not commence marketing the Property until you comply with the above.

4.13

You are aware of the statutory repairing obligations placed on residential landlords by section 11 of the Landlord and Tenant Act 1985. You shall comply with those obligations.

4.14

You are aware of the Housing Health and Safety Rating System introduced under the Housing Act 2004. You shall take reasonable steps to minimise hazards at the Property and shall comply in a timely manner with any notice or order issued by the local authority.

4.15

You understand your duties as a landlord under The Smoke and Carbon Monoxide Alarm (England) Regulations 2015. In particular:

(a)

you shall before a tenancy begins confirm in writing to us that all necessary smoke and carbon monoxide alarms have been installed at the property; and

(b)

you shall check that each alarm is in proper working order on the day a new tenancy begins; and

(c)

you shall carry out any remedial action specified in a remedial notice relating to the Property served under The Smoke and Carbon Monoxide Alarm (England) Regulations 2015.

4.16

You shall protect the Deposit in accordance with the relevant provisions of the Housing Act 2004 and shall provide to the tenant within 30 days of the Deposit being received the "prescribed information" required by the Housing Act 2004 and provide us with a copy or instruct a third party to do so.

4.17

You shall insure the Property with an adequate building and contents insurance cover.

4.18

You shall carry out or arrange "right to rent" checks or instruct a third party to do so.

4.19

You will notify us immediately when an offer is made directly to you or through another agent and also when you exchange contracts for the letting of the Property.

4.20

If you live abroad for more than six months of the year, you shall make all necessary arrangements to pay tax on any income you receive from renting out the Property and you understand that tax will be collected using the Non-resident Landlord Scheme.

4.21

Subject to us complying with our obligations under these Terms, you shall indemnify us against any liability (including but not limited to all costs and expenses of defending any proceedings) which we may incur by reason only of us being held out as your agent.

5.

Fees and Payment

5.1

You agree to pay the fees for our Services at the rates quoted in the Price List on Our Website from time to time and you understand that they are payable irrespective of whether or not your Property is let. You will be responsible for paying any fees for management services provided by third parties.

5.2

We may change the Price List from time to time but any change will not affect the cost of any Services purchased before the changes come into effect. You shall pay for the Services in full at the time you order the Services. If your Property is let for a period of more than one year to the same tenant, irrespective of whether this was anticipated or not at the date of the commencement of the letting, you shall pay a renewal fee on each anniversary of the date of commencement of the letting, at the rate charged for Half-Moon Services at the date of commencement of the Agency Period.

5.3

Our fees include VAT (where applicable) at the current rate chargeable in the UK from time to time and will be subject to adjustment in the event of a change in the applicable rate of VAT.

5.4

You can only pay for our Services using a debit or credit card and you must provide us with the details thereof when you order the Services via Your MoonHub Centre. Details of the cards that we can accept are listed on our Website. By providing to us your debit or credit card details you authorise us to charge to you any payment due by you to us under the Contract as described in clause 5.5.

5.5

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 2% a year above the base lending rate of the Bank of England from time to time. 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.

6.

Duration and Termination of Agency Contract

6.1

We will supply the Services to you from the date we accept your order until one of the following events occurs, whichever happens first:

(a)

the end of the Agency Period; or

(b)

the completion of the tenancy agreement, whether via us or not; or

(c)

either of us ends the Contract in accordance with clauses 7 or 8.

6.2

You can renew our appointment to supply Half Moon Services only in relation to the same Property (irrespective of whether you had previously ordered the Half Moon or Full Moon Services), at a discounted price specified in our Price List, at any time prior to the end of the first 6 months of the Agency Period. If you wish to upgrade to unlimited viewings you can do so by ordering this as an Over the Moon Service.

6.3

Upon the termination of the Contract, we shall cease to promote, market, advertise or solicit offers for the Property.

6.4

If our performance of the Services is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this and the delay has not been caused by us we will not be liable for losses caused by the event. If there is a risk of substantial delay you may contact us to end the Contract and you may receive a refund for any Services you have paid for but not received.

6.5

We may have to suspend the Services to:

(a)

deal with technical problems or make minor technical changes;

(b)

update the Services to reflect changes in relevant laws and regulatory requirements; or

(c)

make changes to the Services as requested by you or notified by us to you.

6.6

We will contact you in advance to tell you we will be suspending the Services, unless the problem is urgent or in an emergency. If we have to suspend the Services for longer than 7 days we will extend the provision of our Services to you for a time equivalent to the suspension.

6.7

If you do not pay us for the Services when you are supposed to or if the collection of your payment fails and you still do not make payment within 5 Business Days of us reminding you that payment is due, we may suspend supply of the Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Services.

7.

Your Rights to end the Contract

7.1

You may contact us at any time to end the Contract, but in some circumstances we may charge you for doing so, as described below.

7.2

If you are a consumer, you have a legal right to cancel the Contract during the period set out in clause 7.3. This means that if you change your mind or decide for any other reason that you do not want to use the Services during the relevant period, you can notify us of your decision to cancel the Contract and receive a refund.

7.3

The deadline for cancelling the Contract is the end of 14 days after the day on which the Agency Period commences. If you have ordered any Over the Moon Services, the deadline for cancelling each of these Services is the end of 14 days after the day on which we confirm our acceptance of your order for the Over the Moon Services by email or via Your MoonHub Centre.

7.4

You must inform us if you wish to cancel the Contract. The easiest way to do this is to complete the cancellation form in hard copy or complete it on Your MoonHub Centre. If you use this method we will e-mail you to confirm that we have received your cancellation.

You can also telephone us at +44 (0)20 3866 5050 or e-mail us at info@moonlineproperty.co.uk.

7.5

If you are exercising your right to cancel the Contract and have asked us to start providing the Services during the cancellation period, we may deduct from any refund, an amount for the supply of the Services for the period for which it was supplied, ending with the time when you told us you wished to cancel the Contract. The amount will be in proportion to what has been supplied, and will include but not be limited to the costs of uploading the Property details on our Website and Partner Websites, photographers' fees, costs for any viewings and administrative costs.

7.6

If you cancel the Contract, we will refund you on the credit card or debit card used by you to pay or by cheque within 14 days after you inform us of your decision to cancel the Contract.

7.7

You cannot cancel the Contract in respect of Services which have been completed.

7.8

If you cancel the Contract this shall not affect your liability to pay for Services which have already been provided or have commenced.

7.9

In addition, you can end the Contract for a reason set out at (a) to (c) below. In such a case the Contract will end immediately and we will refund you for any Services which have not been provided or have not been provided properly. The relevant reasons are:

(a)

we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;

(b)

there is a risk the Services may be significantly delayed because of events outside our control; or

(c)

we do not perform the Services in accordance with the Contract and fail to remedy any breach within ten Business Days of receipt of written notice from you describing the breach and requiring it to be remedied.

7.10

If you end the Contract after the cancellation period referred to in clause 7.3 and/or for none of the reasons set out at (a) to (c) we may retain the full amount already paid by you the full balance payable by you for the supply of the Services.

8.

Our Rights to end the Contract

8.1

We may end the Contract at any time by writing to you if:

(a)

you do not make any payment to us when it is due and/or we cannot collect payment from the credit or debit card you have supplied to us and you still do not make payment within 5 Business Days of us reminding you that payment is due;

(b)

you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services, for example, the particulars of the Property, your identity documents to enable us to comply with our anti-money laundering obligations or the EPC; or

(c)

you do not give us access to your Property to enable us to provide the Services to you.

8.2

If we end the Contract in the situations set out in clause 8.1 we will refund any money you have paid in advance for Services we have not provided but we shall be entitled to deduct or charge you reasonable compensation for the costs we have incurred or will incur as a result of your breaking the contract including the costs of bringing any proceedings against you, together with reasonable legal fees. We will deduct from any refund an amount for the supply of the Services for the period for which they were supplied.

9.

Complaints

9.1

We are a member of The Property Redress Scheme.

8.2

If you have any complaints about our Services, please read our Complaints Policy which will guide you on how to raise a complaint or email us at complaints@moonlineproperty.co.uk.

10.

Other Important Terms

10.1

We may transfer our rights and obligations under the Contract to a third party but this will not affect your rights or our obligations under these Terms.

10.2

You may only transfer your rights or your obligations under the Contract to another person if we agree in writing.

10.3

Each party acknowledges that, in entering into the Contract, it does not rely on any representation, warranty or other provision except as expressly provided in these Terms, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

10.4

No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either party of a breach of any provision of the contract shall be deemed to be a waiver of any subsequent breach of the same or any other provision.

10.5

If any provision of these Terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the remaining paragraphs shall continue to be valid.

10.6

Except as set out in these Terms, any variation, modification or amendment to the Contract, including this form requirement, must be agreed between us in writing in order to be valid and binding.

10.7

This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999, or otherwise.

10.8

Nothing in these Terms shall create, or be deemed to create, a partnership or the relationship of employer and employee between us.

11.

How we may use your personal information

11.1

We will use the personal information you provide to us in accordance with our Privacy Policy:

(a)

to supply the Services to you;

(b)

to process your payment for the Services; and

(c)

if you have agreed to this at any time, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.

11.2

We may pass your personal information to credit reference agencies, surveyors, solicitors or mortgage brokers. Where we extend credit to you for the Services we may pass your personal information to financial institutions and credit reference agencies and they may keep a record of any search that they do.

11.3

We will only give your personal information to other third parties where the law either requires or allows us to do so.

12.

Notices

12.1

Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail or via Your MoonHub Centre.

12.2

A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid domestic UK first class post or other next working day delivery service, at 11.00 am on the second Business Day after posting or if sent by e-mail or via your MoonHub Centre, one Business Day after transmission. In all other circumstances, a notice or communication shall be deemed to have been received on the date of actual receipt. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

13.

Jurisdiction

Please note that these Terms and any Contract for the provision of our Services through our Website and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) will be governed by English law. You and we both agree that 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 a resident of Scotland, you may also bring proceedings in Scotland.

COOKIES POLICY

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive.

We use the following cookies:

  • Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
  • Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
  • Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
  • Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control.

You can choose to block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies you may not be able to access all or parts of our site.

PRIVACY POLICY

This policy (together with our terms of use and any other documents referred to on it) sets out the basis on which Moonline Property Limited (we) process any personal data we collect from you, or that you provide to us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting www.moonlineproperty.co.uk you are accepting and consenting to the practices described in this policy.

For the purpose of the Data Protection Act 1998 (the Act), the data controller is Moonline Property Limited of 3rd Floor, 20 Bedford Street, Covent Garden, London, WC2E 9HP.

INFORMATION WE COLLECT FROM YOU

We will collect and process the following data about you:

  • Information you give us. This is information about you that you give us by registering and filling in forms on www.moonlineproperty.co.uk (our site) or by corresponding with us by phone, e-mail, via your Moon Hub or otherwise. It includes information you provide when you register to use our site, subscribe to our service, search for properties, reserve a property on our site, and when you report a problem with our site. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, personal description and photograph, and other information related to your properties or property searches such as your geographic areas of interest, your viewing calendar.
  • Information we collect about you. With regard to each of your visits to our site we will automatically collect the following information:
    • technical information, including the internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
    • information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our site (including date and time), properties or any other information or content you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number.
  • Information we receive from other sources. We are working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.

COOKIES

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive.

We use the following cookies:

  • Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
  • Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
  • Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
  • Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control.

You can choose to block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies you may not be able to access all or parts of our site.

USES MADE OF THE INFORMATION

We use information held about you in the following ways:

  • Information you give to us. We will use this information:
    • to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
    • to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
    • to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale and or lettings or negotiations of a sale or lettings to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data (the registration form);
    • to notify you about changes to our service;
    • to ensure that content from our site is presented in the most effective manner for you and for your computer.
  • Information we collect about you. We will use this information:
    • to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
    • to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
    • to allow you to participate in interactive features of our service, when you choose to do so;
    • as part of our efforts to keep our site safe and secure;
    • to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
    • to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
  • Information we receive from other sources. We will combine this information with information you give to us and information we collect about you. We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).

DISCLOSURE OF YOUR INFORMATION

You agree that we have the right to share your personal information with:

  • Selected third parties including:
    • business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you;
    • advertisers and advertising networks that require the data to select and serve relevant adverts to you and others;
    • analytics and search engine providers that assist us in the improvement and optimisation of our site;
    • credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you and financial advisors for the purpose of assessing whether you meet the financial criteria to buy or rent the property in relation to which you made an offer.

We will disclose your personal information to third parties:

  • In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets;
  • If we or substantially all of our assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets;
  • If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use or terms and conditions of business for property sales or terms and conditions for lettings and other agreements; or to protect our rights, property, or safety of ourselves, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

WHERE WE STORE YOUR PERSONAL DATA

The data that we collect from you will not be transferred to, and stored at, a destination outside the European Economic Area ("EEA").

All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted [using SSL technology]. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

YOUR RIGHTS

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at info@moonlineproperty.co.uk.

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

ACCESS TO INFORMATION

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request will be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

CHANGES TO OUR PRIVACY POLICY

Any changes we make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.

CONTACT

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to Ground Floor, 2 Penta Court, Station Road, Borehamwood, WD6 1SL, or to info@moonlineproperty.co.uk.

COMPLAINTS POLICY

The aims of this Complaints Policy are to provide a framework within which you can make a complaint about the services provided by Moonline Property Limited.

1. Definitions

In this Complaints Policy the following expressions have the following meanings:

Appeal

means a member of our board of directors who will handle Level Two Complaints;

Appeal Handler

means your request to escalate a Complaint from Level One to Level Two if you are not satisfied with the outcome at Level One;

Business Day

means, any day (other than Saturday or Sunday) on which ordinary banks are open for their full range of normal business in London;

Complaint

means a complaint about the service provided by us, about our customer service, about our staff or local agent;

Complaint Handler

means a member of our staff who will handle Level One Complaints;

Complaint Reference

means a unique code assigned to your Complaint that will be used to track your Complaint;

External Resolution

means the referral of your Complaint to an external redress scheme for resolution if you are not satisfied with the outcome at Level Two;

Level One

means the first stage in our complaints handling procedure under which your Complaint will be handled by a Complaint Handler;

Level Two

means the second stage in our complaints handling procedure under which you may appeal the outcome of a Level One Complaint. Your Complaint will be handled by an Appeal Handler.

2.

About this Complaints Policy

2.1

We welcome and encourage feedback of all kinds from our customers. If you have a Complaint about our services, our customer service, about our staff or your local agent, not only do we want to resolve it to your satisfaction but we also want to learn from it in order to improve our business and customer experience in the future.

2.2

It is our policy to resolve Complaints quickly and fairly, where possible without recourse to formal investigations or external bodies. In particular, the aims of this Complaints Policy are:

(a)

To provide a clear and fair procedure for any customers who wish to make a Complaint;

(b)

To ensure that everyone working for or with us knows how to handle Complaints made by our customers;

(c)

To ensure that all Complaints are handled equally and in a fair and timely fashion;

(d)

To ensure that important information is gathered from Complaints and used in the future to avoid such a situation arising again.

2.3

Please note that we may amend this Complaints Policy from time to time.

2.4

For the purposes of this Complaints Policy, any reference to us also includes our employees, agents and subcontractors.

2.5

This Complaints Policy should not be used for matters concerning contractual or other legal disputes and/or formal requests for the disclosure of information, for example, under the Data Protection Act.

3.

Making a Complaint

3.1

All Complaints, whether they concern our services, our customer service, or our staff, should be made in one of the following ways:

(a)

In writing, addressed to Customer Care Department, Ground Floor, 2 Penta Court, Station Road, Borehamwood, Hertfordshire, WD6 1SL;

(b)

By email, addressed at complaints@moonlineproperty.co.uk; or

(c)

Using our Complaints Form, following the instructions included with the form.

3.2

When making a Complaint, you will be required to provide the following information in as much detail as is reasonably possible:

(a)

Your name, address, telephone number and email address. We will contact you using your preferred contact method as your Complaint is handled;

(b)

If you are making a Complaint on behalf of someone else, that person's name and contact details as well as your own;

(c)

If your Complaint relates to a particular property we are dealing with, the property details;

(d)

If you are making a Complaint about a particular member of staff, the name and, where appropriate, position of that person;

(e)

Further details of your Complaint including, as appropriate, all times, dates, events, and people involved;

(f)

Details of any documents or other evidence you wish to rely on in support of your Complaint;

(g)

Details of what you would like us to do to resolve your Complaint and to put things right. (Please note that whilst we will make every reasonable effort to accommodate such requests, we are not bound to take any action beyond that which we may be contractually or otherwise legally obliged to take.)

3.3

If we require any further information or evidence from you, the Complaint Handler will contact you as quickly as is reasonably possible to ask for it. We ask that you use reasonable efforts to supply any such information or evidence quickly in order to avoid delaying the complaints handling process. If you are for any reason unable to provide such information or evidence we will use all reasonable efforts to proceed without it, however please be aware that we will not ask for further information or evidence unless we consider it important to the successful resolution of your Complaint.

4.

How We Handle Your Complaint

4.1

We operate a two-stage complaints handling procedure. Our aim is to always resolve Complaints to your satisfaction at Level One without further recourse to Level Two. If you are not satisfied at the end of Level One, you may escalate your Complaint to Level Two. If you are still not satisfied at the end of Level Two, Complaints may progress to External Resolution as detailed below.

4.2

We aim to resolve Level One and Level Two Complaints within 15 Business Days from the date we have acknowledge receipt of your Complaint. However in some cases, particularly if your Complaint is of a complex nature, this may not be possible. If this is not possible for any reason you will be informed of the delay, the likely length of the delay and the reasons for it.

4.3

At the conclusion of the Level One and the Level Two Complaints, regardless of the outcome, we will provide you with full details of our investigation, our conclusions from that investigation, and any action taken as a result. You will also be reminded of your right to appeal our decision and how to do so.

4.4

Level One:

(a)

Upon receipt of your Complaint, we will log the Complaint and will acknowledge receipt of it in writing within 3 Business Days, giving you a Complaint Reference and the details of your Complaint Handler.

(b)

If your Complaint relates to a specific member of staff, that person will be informed of your Complaint and given a fair and reasonable opportunity to respond. Any communication between you and the staff member in question should take place only via the Complaint Handler and we respectfully ask that you do not contact the staff member in question directly concerning the Complaint while we are working to resolve it.

(c)

If we require any further information or evidence from you, the Complaint Handler will contact you as quickly as is reasonably possible to ask for it. We ask that you use reasonable efforts to supply any such information or evidence quickly in order to avoid delaying the complaints handling process. If you are for any reason unable to provide such information or evidence we will use all reasonable efforts to proceed without it, however please be aware that we will not ask for further information or evidence unless we consider it important to the successful resolution of your Complaint.

(d)

We aim to resolve Level One Complaints within 15 Business Days from the date we have received your Complaint. However in some cases, particularly if your Complaint is of a complex nature, this may not be possible. If this is not possible for any reason you will be informed of the delay, the likely length of the delay and the reasons for it.

(e)

At the conclusion of the Level One complaints procedure, regardless of the outcome, we will provide you with full details of our investigation, our conclusions from that investigation, and any action taken as a result. You will also be reminded of your right to appeal our decision and escalate the complaint to Level Two in the form of an Appeal.

4.5

Level Two:

(a)

If you are not satisfied with the resolution of your complaint at Level One, you may appeal the decision within one month of receipt of our Level One response, and have the complaint escalated to Level Two. Appeals are handled by a member of our board of directors.

(b)

Please direct your Appeal to your original Complaint Handler who will forward the request to an appropriate Appeal Handler and quote your original Complaint Reference. Receipt of Appeals will be acknowledged in writing within 3 Business Days and we will also provide details of your Appeal Handler.

(c)

Our decision at this stage is final, subject to your right to seek External Resolution of your Complaint.

4.6

External Resolution:

(a)

If you are not satisfied with the resolution of your Complaint at Level Two you may refer your Complaint to The Property Redress Scheme. Any such referral must be made within 6 months of receipt of our final decision.

(b)

For details of their complaint and conflict resolution mechanisms, please contact them by post at Property Redress Scheme, Premiere House, 1st Floor, Elstree Way, Borehamwood, WD6 1JH, by telephone on +44 (0)33 3321 9418, by email at info@theprs.co.uk, or via their website at www.theprs.co.uk.

(c)

Please note that The Property Redress Scheme may decline to deal with Complaints from certain types of customer.

5.

Confidentiality and Data Protection

5.1

All Complaints and information relating thereto are treated with the utmost confidence. Such information will only be shared with those of our staff members who need to know in order to handle your Complaint.

5.2

All personal information that we may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.

5.1

All Complaints and information relating thereto are treated with the utmost confidence. Such information will only be shared with those of our staff members who need to know in order to handle your Complaint.

6.

Questions and Further Information

If you have any questions or require further information about any aspect of this Complaints Policy, please contact us by email at complaints@moonlineproperty.co.uk.

TERMS OF WEBSITE USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

These terms of use (together with the documents referred to in them) tell you the terms and conditions of use on which you may make use of our website www.moonlineproperty.co.uk (our site), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.

WHO WE ARE AND HOW TO CONTACT US

www.moonlineproperty.co.uk is a site operated by Moonline Property Limited ("We"). We are registered in England and Wales under company number 10620761 and have our registered office at 3rd Floor, 20 Bedford Street, Covent Garden, London, WC2E 9HP. Our main trading address is at Ground Floor, 2 Penta Court, Station Road, Borehamwood, WD6 1SL. We are not yet registered for VAT. To contact us, please email info@moonlineproperty.co.uk or telephone our customer service line on +44 (0)20 3866 5050.

We are a member of The Property Redress Scheme. To contact The Property Redress Scheme, please email info@theprs.co.uk or telephone them on +44 (0)33 3321 9418.

BY USING OUR SITE YOU ACCEPT THESE TERMS

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

These terms of use refer to the following additional terms, which also apply to your use of our site:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Cookie Policy, which is part of our Privacy Policy and sets out information about the cookies on our site.

If you subscribe to services from our site to sell or rent your property, our Residential Lettings Agency Terms and Conditions and/or our Residential Sales Agency Terms and Conditions will apply.

WE MAY MAKE CHANGES TO THESE TERMS

We may amend these terms from time to time. Please check these terms from time to time to take notice of any changes we made, as they are binding on you.

WE MAY MAKE CHANGES TO OUR SITE

We may update and change our site from time to time to reflect changes to our services, our users' needs and our business priorities.

WE MAY SUSPEND OR WITHDRAW OUR SITE

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@moonlineproperty.co.uk.

HOW YOU MAY USE MATERIAL ON OUR SITE

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

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.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

DO NOT RELY ON INFORMATION ON THIS SITE

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely and shall not amount to any pre-contractual representations. Any statements we make about the description, condition, investment potential or any other aspect of the properties that we offer for sale or lettings, constitute a judgment and opinion genuinely held but you must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources and will not be able for any loss or damage that may arise from your use of them.

USER-GENERATED CONTENT IS NOT APPROVED BY US

This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms or on your MoonHub Centre. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

If you wish to complain about information and materials uploaded by other users please contact us on complaints@moonlineproperty.co.uk.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

Whether you are a consumer or a business user:

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
  • Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any property services to you, which will be set out in our Residential Lettings Agency Terms and Conditions and/or our Residential Sales Agency Terms and Conditions.
  • To the extent permitted by law, we exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it, whether express or implied.
  • We assume no responsibility for the content of websites and resources provided by third parties linked on our site. Such links are provided for information only and should not be interpreted as endorsement by us of those linked websites or their contents. We have no control over the contents of those websites or resources and will not be liable for any loss or damage that may arise from your use of them.
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    • use of, or inability to use, our site; or
    • use of or reliance on any content displayed on our site.

If you are a business user, we will not be liable for, in particular:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

UPLOADING CONTENT TO OUR SITE

Whenever you make use of a feature that allows you to upload content to our site, whether via your MoonHub Centre or any other means, or to make contact with other users of our site, you must comply with the content standards set out below:

  1. Prohibited uses

You may use our site only for lawful purposes. You may not use our site:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
  • You also agree:

  • Not to make any offer to buy or rent a property which you have not visited, unless we agree otherwise in writing;
  • Not to access without authority, interfere with, damage or disrupt:
    • any part of our site;
    • any equipment or network on which our site is stored;
    • any software used in the provision of our site; or
    • any equipment or network or software owned or used by any third party.
  1. Content standards

Whenever you contribute to our site by uploading materials or contacting other uses (contributions), your contributions must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in the UK and in any country from which they are posted.

Your contributions must not:

  • Contain any material which is defamatory of any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out above.

You are solely responsible for securing and backing up your content.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

RULES ABOUT LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out above.

If you wish to link to or make any use of content on our site other than that set out above, please contact info@moonlineproperty.co.uk.

SUSPENSION AND TERMINATION

We will determine, in our discretion, whether there has been a breach of these terms through your use of our site. When a breach has occurred, we may take all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these terms. The responses described in these terms are not limited, and we may take any other action we reasonably deem appropriate.

OUR TRADE MARKS

Moonline is a trade mark of Moonline Property Limited. You are not permitted to use it without our approval, unless it is part of material you are using as permitted under How you may use material on our site.

WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES?

If you are a consumer, please note that these terms of use, their subject matter and their formation (and any non-contractual disputes or claims), are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that 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.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

CONTENT STANDARDS

Whenever you contribute to our site by uploading materials or contacting other uses (contributions), your contributions must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in the UK and in any country from which they are posted.

Your contributions must not:

  • Contain any material which is defamatory of any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out above.

You are solely responsible for securing and backing up your content.