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Terms and Conditions

These are the terms and conditions on which we supply our online property e-valuation tool to you. Please read these terms carefully before you submit details of a property to us as doing so will form a contract between us based strictly on these terms and conditions. All use of our e-valuation tool is strictly subject to these terms and conditions.

By accepting these terms and conditions you understand that you will be contacted to discuss the online valuation provided.

These terms tell you who we are, how we will provide our property e-valuation tool to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think there is a mistake in these terms, please contact us to discuss.

1. Information about us and how to contact us

Who we are.

Please refer to the privacy policy on our website.

2. Our property e-valuation tool

What is our property e-valuation tool? Our property e-valuation tool provides you with an estimate valuation of the property based on the details of the property you provide. Our property e-valuation tool uses these details and compares them to publicly available data relating to property characteristics and sales in your area to provide you with an estimate value for that property.

When we will provide our services. We will begin providing you with our services, being the property valuation using our property e-valuation tool, when you submit the details of a property to our property e-valuation tool via our website, provide your contact details and accept these terms and conditions by ticking the “I agree to the Terms & Conditions” box. After submitting these details, our property e-valuation tool should provide you with a property valuation based on the details you entered. At this point we will have finished providing you with our services and the contract will be ended.

Free service for consumers. We only supply our property e-valuation tool for your private use or by an agent as part of the services it delivers to you. As you are a consumer, our property e-valuation tool is currently provided on a free to use basis and no payment is due from you.

Making sure the details you provide are accurate. Our property e-valuation tool is providing you with a valuation based on the information you have given us about a property including property address, number of bedrooms etc. You are responsible for ensuring this information is correct, accurate and up to date.

What will happen if you do not provide the required information. We need certain information about the property so we can supply our property e-valuation tool to you, for example, the type of property address, number of bedrooms etc. If you do not provide all of this required information to our property e-valuation tool or if you provide incomplete or incorrect information, the valuation may be unavailable and/or inaccurate. We will not be responsible for either the failure to supply our property e-valuation tool or the inaccuracy of the valuation if this is caused by you not giving us the information needed for our property e-valuation tool to provide you with an estimate.

Our property e-valuation tool is a guide only. By making available our property e-valuation tool to you, we are not providing you with estate agency services. Please be aware the valuations provided by our property e-valuation tool are estimates and not formal valuations of the property. The valuation is based on publicly available information which may be inaccurate and/or incomplete. The estimates may also be based on assumptions and typical factors or trends in certain areas and/or in relation to certain types of property. The valuation is intended to be of general interest and provide you with a useful guide to the likely value of a property and this valuation should be supplemented by you with additional research, professional advice and a market appraisal. We are not supplying you with advice or recommendations. If you are thinking about selling your property, please arrange for a formal valuation of your property by following the link provided to book a market appraisal with an estate agent. If you click this link, you agree to us storing, processing and sharing your personal data (including your name and email address) with our affiliated professionals to facilitate the provision of such market appraisal. We shall not be liable for any losses suffered as a result of relying on valuations provided by our property e-valuation tool.

Changes to our property e-valuation tool. We may change our property e-valuation tool:

• (a) to reflect changes in relevant laws and regulatory requirements; and

• (b) to implement minor technical adjustments and improvements, for example to address a security threat.

These changes may mean our property e-valuation tool is temporarily unavailable.

Non-availability of our property e-valuation tool. Our property e-valuation tool is provided on an “as is” and “as available” basis and may be unavailable for use by you for the following reasons:

• (a) to deal with technical problems or make minor technical changes; or

• (b) to update our property e-valuation tool to reflect changes in relevant laws and regulatory requirements; or

• (c) if our property e-valuation tool is interrupted or delayed by an event outside our control.

Where we can, we will endeavour to let you know if any of these events occur via an error message when using our property e-valuation tool. As we do not gather your contact details before you use our property e-valuation tool, we will not be able to contact you in advance to tell you we will be suspending supply of our property e-valuation tool.

Please note we are not responsible for delays outside our control. We will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event outside our control.

We do not guarantee our property e-valuation tool will be secure or free from bugs or viruses. You are responsible for configuring your device and platform to use our property e-valuation tool and to maintain cyber security. You should use your own virus protection software.

How to tell us about problems. If you have any questions, suggestions, feedback or complaints about our property e-valuation tool, please contact us. You can telephone our customer service team at 0207 079 1515 or write to us at 121 Park Lane, London, W1K 7AG or admin@fineandcountry.com.

We only provide our services in the UK. Our website is solely for the promotion of our estate agency and related services in the UK. Unfortunately, we do not provide services outside of the UK and our property e-valuation tool is only for use in relation to UK properties.

Ownership of our property e-valuation tool. We are the licensees of all intellectual property rights in and relating to our property e-valuation tool. Such rights intellectual property rights are reserved in their entirety and you are not granted any right or entitlement to such intellectual property rights.

How we may use the information you provide. We will use the information you provide to us:

• (a) to supply our property e-valuation tool to you; and

• (b) to give you information about our estate agencies services we provide (but you may stop receiving this at any time by contacting us).

We do not collect and/or retain the information about the property you submit to our property e-valuation tool. However, the information, data and property details you submit to our property e-valuation tool will be considered non-confidential and non-proprietary.

How we may use your personal information. We will only use your personal information in accordance with our privacy policy http://www.fineandcountry.com/uk/legal/privacy. We will only give your personal information to third parties where the law either requires or allows us to do so.

3. Your rights as a consumer

For most online services you have a legal right under Consumer Contracts Regulations 2013 to change your mind about entering into the contract within 14 days of ordering the services.

However, as our property e-valuation tool provides you with the requested valuation for a property almost immediately after you submit the property details and agree to these terms and conditions, the contract between us for the provision to you of our services ends almost immediately after it has been entered into. This means there is not time for you to exercise your rights to cancel this contract.

Nevertheless, we are under a legal duty to supply services in conformity with these terms and conditions and nothing in these terms will affect your legal rights.

We may not make our property e-valuation tool available to you in the future if you breach this agreement our or our website’s terms of use.

4. Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer which is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage which is not foreseeable. Loss or damage is foreseeable if either it is obvious it will happen or if, at the time the contract was made, both we and you knew it might happen.

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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to our property e-valuation tool including the right to receive services which are as described and match information we provided to you about our property e-valuation tool and supplied with reasonable skill and care.

We are not liable for business losses. We only supply our property e-valuation tool for domestic and private use. If you use our property e-valuation tool for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity or indirect or consequential loss.

5. Other important terms

• (a) Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

• (b) If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides any of them are unlawful, the remaining paragraphs will remain in full force and effect.

• (c) Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean you do not have to do those things and it will not prevent us taking steps against you at a later date.

• (d) Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of our property e-valuation tool in the English courts. If you live in Scotland you can bring legal proceedings in respect of our property e-valuation tool in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of our property e-valuation tool in either the Northern Irish or the English courts.

• (e) The Property Ombudsman’s alternative dispute resolution service. Alternative dispute resolution is a process where an independent body, such as The Property Ombudsman considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact The Property Ombudsman. You can submit a complaint to The Property Ombudsman via their website at www.tpos.co.uk. The Property Ombudsman will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

 

 

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