Emoov

Terms and Conditions

Pursuant to the Estate Agents Act 1979 it is a requirement that you understand and accept our terms and conditions when instructing Emoov to either sell or let a Property. Please read the terms set out below. By ticking on the acceptance box you agree to these terms and conditions but If you do wish to question anything about these terms you must contact us in writing, otherwise we will assume that you are happy with them.

Information about Emoov

The Website is owned and managed by Griffin Residential Ltd T/A Emoov, a company registered in England and Wales with the company registration number 09362284 and having its registered address at Kingsridge House, 601 London Road, Westcliff On Sea, Essex, SS0 9PE.

Terms of this agreement

Definitions within this agreement the following words or phrases shall, unless the context otherwise requires, have the following meanings:

"Add-ons" Additional services that you may choose to select beyond the basic Emoov Sales and Lettings packages.

"Buyer" The person buying your property.

"Emoov" or "We" Means Griffin Residential Ltd a company registered in England, company registration number, 09362284

"On the Market" This means that your property is being listed on the Emoov website and/or our partner sites.

"Our Website" This means the website www.emoov.co.uk provided by Emoov for the primary purpose of selling or letting a property.

"Property" The property address for which you have instructed us to sell or let.

"Rental Price" The price agreed with your Tenant for the rental of the property.

"Sale Price" The price agreed with your buyer for the sale of the property.

"Seller/Landlord" The owner of the property or the person given the benefit to or who is entitled to sell/let the property.

"Services" Means the services provided by Emoov.

"Subscription" Means rolling payments for services at set intervals.

"Tenant" The person renting your property.

"You" The owner of the property or the person given the benefit to or who is entitled to sell/let the property.

1. Fee / Terms – Sales and Lettings

1.1
Emoov requires you to pay the fees (as detailed on Our Website) at the point of order including any add-ons which you may choose to purchase. The service covers estate agency and marketing services until the Property has exchanged or has been let.
1.2
All prices of Services as listed on Our Website are correct at the time of purchase, changes to the prices can take place at any time and you, the purchaser, are not entitled to any discount if any services that you have bought are reduced at a later stage.
1.3
A local assessor may be instructed to visit your Property for verification purposes to obtain both proof of address and ID. A valuation may also take place, however unlike the Property verification, this is not a compulsory requirement.
1.4
Your sales listing with Emoov will continue for a term of 12 months or until the sale has exchanged, whichever is the sooner. Should the Property sale fall through for any reason Emoov will remarket the Property without charging any further fees for a period of 12 months from the initial listing.
1.5
Your letting listing with Emoov will continue for a term of 3 months or until the Property has been let, whichever is the sooner. Should the Property tenancy application fall through for any reason Emoov will remarket the Property without charging any further fees for a period of 3 months from the initial listing.

Subscription Services

2.
As part of your agreement with Emoov you may automatically be subscribed to certain non-refundable subscription services. You can cancel these subscription services at any time, with immediate effect, within your account, without giving prior notice to Emoov.
- 2.1
  Sales Property Rightmove Listing: The first month on Rightmove is free. On expiry of the month Rightmove listing the Property will be renewed on Rightmove, at monthly intervals until the end of the 12 month listing period, at the same cost as the initial Rightmove listing unless the Rightmove listing subscription has been cancelled or the Property has been marked as sold subject to contract.

Third Party Services

3.1
Emoov may introduce you and prospective Buyers or Tenants to selected partners who offer additional services such as mortgages, conveyancing, surveys and insurance and from whom we may receive commission or administration fees. You acknowledge and agree that any relationship between you and a third-party supplier is by separate agreement and Emoov shall have no liability to you for the additional services provided by such third parties.
3.2
Emoov offer all Sellers/Landlords and prospective Buyers/Tenants an introduction to our selected partners who offer additional services such as mortgages, conveyancing, surveys and insurance. It is entirely the Sellers/Landlords and prospective Buyers/Tenants decision on whether they wish to instruct any of our selected partners. Should you choose to instruct any of our selected partners, you should know that we would receive a commission/referral fee from our selected partners for recommending Sellers/Landlords and prospective Buyers/Tenants. You acknowledge and agree that any relationship between you and a third-party supplier is by separate agreement and Emoov shall have no liability to you for the additional services provided by such third parties.

Right to Cancel

Your Right to Cancel

4.1
You can cancel at any time within 14 days of contracting with Emoov but there will be an administration charge of £75 for sales (including VAT) and £10 for lettings (including VAT) to cover our set up costs. Any other costs that Emoov has incurred will also be charged for but these will not exceed the fee that you have paid. If we have to cancel the agents visit due to you not wishing to continue your marketing, the allocated cost for our agents visit will not be refunded.
4.2
Subject to clause 4.1, you may ask us to remove your details at any time from the site, but you will not be entitled to any refund.

Emoov's Right to Cancel
4.3
We may terminate this Agreement at any time by providing you with written notice if: (a) you have committed a material breach of the terms of this Agreement and that breach is incapable of remedy; or (b) you have committed a material breach of the terms of this Agreement and you have not remedied that breach within 7 days of our notification of such breach(s); or (c) you are in persistent breach of the terms of this Agreement.
4.4
We may terminate this Agreement with you at any time in writing if you do not: (a) within ten business days of the Agreement Date, provide us with information that is necessary in order for us to provide the Services in full (including but not limited to information requested to verify your identity and your ownership of the Property and evidence that a valid EPC certificate exist or has been commissioned), or (b) if such information fails our customer due diligence and/or money laundering checks (in which case we may also have to cease to act without explanation).

Limitation of Liability and Indemnity

5.1
We do not exclude or limit in any way liability for death or personal injury caused by our negligence or the negligence of our Associates, fraud or fraudulent misrepresentation; or breach of any terms implied by the Supply of Goods and Services Act 1982.
5.2
If we fail to comply with these terms and conditions, our liability to you shall not exceed the price you have paid for the Services (including the package you have purchased and/or any add-ons). Our liability shall not in any event include business losses such as loss of data, loss of profits, loss of contracts or business interruption.
5.3
It is the responsibility of seller/landlord that the 'For Sale' board is erected in a safe manner and in such a position that it does not contravene any local regulations or laws. We will not accept any responsibility for any damage or loss suffered as a result or in connection with the placing and erection of the 'For Sale' board.
5.4
We do not accept any responsibility for any loss or damage caused by a prospective buyer or tenant visiting the Property.
5.5
You agree that it is your responsibility to ensure the safety of any prospective buyer or tenant visiting your Property, and we do not accept any liability in this respect.
5.6
Due to the nature of the services, we do not guarantee that you will receive viewings requests, receive an offer or ultimately complete the sale or letting of the Property. We will not be liable for any losses, claims, damages, costs or expenses suffered or incurred by you or any other person should the Property not sell or let.
5.7
You agree that you will indemnify us and/or our associates, and keep us and/or our associates indemnified, from and against all direct costs, expenses, damages and losses, which may be suffered or incurred by us in connection with any third party claim made against us arising as a result of the seller or landlord's breach of this Agreement or its legal responsibilities.

Description of the Property

6.1
It is your legal responsibility to disclose any information you are aware of that relates to the Property in a clear, intelligible and timely manner and you agree to comply with this responsibility. You will provide information that is accurate and not misleading and you must not omit to disclose anything material that may impact on the average consumer's transactional decision in relation to the Property. If the Property is a leasehold Property you must provide details of service charges, ground rent, the length of years remaining on the lease, and any special conditions relating to the lease.
6.2
You acknowledge and agree that it is your responsibility to check your Property listing in its totality and notify us of any incorrect or missing information prior to the Property being listed on the market. If at any time you become aware of any such incorrect or missing information while the Property is listed on the market you must notify us immediately.
6.3
If you feel that any marketing material promoting the Property is not accurate or is misleading, you must contact us immediately. We will review the relevant material as soon as is practicable and take such action as is necessary to amend the material. You acknowledge that material promoting the Property is subject to change at any time.
6.4
If we are notified or made aware of information or material provided by you that infringes a third party's intellectual Property rights we have the right to remove the Property from Our Website and partner sites immediately.

Your Obligations

7.
You warrant and undertake that you:
- 7.1
  have entered into the Agreement in good faith and with a genuine desire to engage us to sell or let your Property;
- 7.2
  are authorised to market the Property;
- 7.3
  have the necessary authority, power and capacity to instruct us to list the Property for sale or rent from all owners of the Property and will provide evidence of such if required to do so by us;
- 7.4
  own or are licensed to use any and all intellectual Property rights in any content uploaded onto Our Website and that any such content does not infringe any third party's intellectual Property rights;
- 7.5
  will co-operate with any reasonable security checks or requests for information made by us from time to time;
- 7.6
  will notify us if you are not the legal owner of the Property you have instructed us to sell or if you are acting on behalf of a company or trust;
- 7.7
  you are allowed to advertise with us at the same time if the Property is being advertised by another estate agency. If your Property is being advertised by another agent, it is your responsibility to ensure you can advertise with us at the same time. If you advertise with us and you are not allowed to within your other agents terms of contract then we can stop your listing with us within 24 hours, but you will not receive any refund. While you are advertising with more than one agent, you will be subject to our fees and if the other agent sells your Property they will be entitled to their fee under their contract.
- 7.8
  will provide Emoov with such information and materials as Emoov may reasonably require in order to provide the Services and that such information is in compliance with this Agreement;
- 7.9
  will commission an EPC for the Property prior to the marketing of the Property if a valid certificate does not already exist. If a valid EPC does exist you will provide a copy to us within ten business days of the Agreement Date; and
- 7.10
  will not change the address of the Property
- 7.11
  will not upload multiple properties to a Property listing
- 7.12
  will not discuss alternative properties as part of your Property listing
- 7.13
  have authority to instruct Emoov to market the Property on behalf of all co-owners of the Property. Emoov will then have to carry out further customer due diligence checks on all owners of the Property. This may require you to provide us with identity documents of all owners of the Property for compliance with the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 ("Money Laundering Regulations 2017"). Processing this information is necessary for compliance with Money Laundering Regulations and will only be used for this purpose. For further information about the processing of personal data, please see our Privacy Policy.

Intellectual Property Rights

8.
Emoov and/or its licensors own all rights in the intellectual Property rights relating to the Services and the Website.

9.
You are expressly prohibited from:
- 9.1
  Reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Service and the Website including without limitation, any information, articles, photographs, images or submissions in ups made available to you using the Services and the Website; and
- 9.2
  Removing, modifying, altering or using any registered or unregistered marks/logos/design owned by Emoov and/or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Emoov or could be considered an infringement of any of the rights in the intellectual Property rights owned by and/or licensed to Emoov.

Your General Obligations

10.1
You agree that you are solely responsible and liable for all activities on the Website, whether you are a Registered User or an Unregistered User.
10.2
You must promptly notify Emoov in the event there is a breach of security or any unauthorised use of the Login Details where you are a Registered User. Emoov may be contacted by email at [email protected]
10.3
You shall not submit to appear on the Website, any information, Property Data (defined below) review, comment, images, link or other material whatsoever in all format that may reasonably be deemed to be offensive, illegal, inappropriate or in any way:
- 10.3.1
  Promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
- 10.3.2
  Harass or advocate harassment of another person;
- 10.3.3
  Display pornographic or sexually explicit material;
- 10.3.4
  Promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
- 10.3.5
  Promote any illegal activities;
- 10.3.6
  Provide instructional information about illegal activities, including violating someone else's privacy or providing or creating computer viruses;
- 10.3.7
  Promote or contain information that you know or believe to be inaccurate, false or misleading;
- 10.3.8
  Engage in or promote commercial activities and/or sales, without the prior written consent of Emoov
- 10.3.9
  Infringe any rights of any third party.
10.4
You acknowledge that making a User Submission does not guarantee that such User Submission, or any part thereof, shall appear on the Website, but agree that Emoov may, at its sole discretion, choose to display any User Submission or any part of a User Submission that you make on the Website and hereby grant to Emoov a non-exclusive, perpetual, irrevocable, worldwide licence to do so.
10.5
You warrant and represent that you own or are licensed to use any and all the intellectual Property rights in any User Submissions that you make to the Website.
10.6
You hereby grant to Emoov a non-exclusive, irrevocable licence to make the User Submissions available to other Registered and Unregistered Users of the Website and to edit the User Submissions in the event that Emoov deems it necessary or desirable to do so for any reason.
10.7
You hereby grant to Emoov a non-exclusive, irrevocable licence to make the User Submissions available to other media and publications and to edit the User Submissions in the event that Emoov deems it necessary or desirable to do so for any reason. This can also include other portal partners who may be listing your Property on our behalf and may contact you regarding their services.
10.8
If you feel that any User Submission made by other Registered and Unregistered Users is objectionable, you are advised to contact Emoov using the contact details set out on the Website. Emoov shall use its reasonable endeavours to review the relevant User Submission as soon as is practicable and shall take such action as it deems necessary, if any.
10.9
You further agree that at all times, you shall:
- 10.9.1
  If you are a Registered User, not use your Login Details with the intent of impersonating another person;
- 10.9.2
  Not use the information presented on the Website or derived from the Services for any purposes other than those expressly set out in these Terms;
- 10.9.3
  Not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Website or in respect of the network;
- 10.9.4
  Not use the Website, the content therein and/or do anything that will infringe any intellectual Property right or other rights of any third parties;
- 10.9.5
  Not use any information obtained using the Website otherwise than in accordance with these Terms;
- 10.9.6
  Comply with all instructions and policies from Emoov from time to time in respect of the Website;
- 10.9.7
  Co-operate with any reasonable security or other checks or requests for information made by Emoov from time to time; and
- 10.9.8
  Use the information made available to you on the Website at your own risk.
10.10
In the event that Emoov, in its sole and absolute discretion, considers that you have breached any of the terms set out in this clause 10, Emoov shall reserve the right to take any action that it deems to be necessary, including without limitation, the termination forthwith and without notice, your use of and access to the Website; and in the case of illegal use, the instigation of legal proceedings as appropriate.
10.11
Without prejudice to any of Emoov's other rights and remedies, Emoov reserves the right, in its sole and absolute discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of this clause 13.

Complaints Procedure

14.1
At Emoov we endeavour to support you at every stage of your journey with us. If, however, you feel that we have fallen short of your expectations, we will do whatever we can to resolve your issues and promise to be transparent in all communication with you during this process.

Emoov will act in accordance with the Complaints Procedure should you feel that you have cause for complaint about our service. Should you feel unhappy with the service you have received, please contact us on [email protected].
- 14.1.1
  Occasionally we can get things wrong. If you are unhappy with any aspect of our service, please let us know and a member of our management team will contact you the same day or by the next working day of your complaint.
- 14.1.2
  If the management team is unable to resolve your issue, we'll escalate your complaint to our Customer Experience Team within Emoov, who will acknowledge your complaint on the same day or by the next working day, review all documentation and correspondence and send a written outcome of the investigation.
- 14.1.3
  If you are still not content with the outcome, we will provide details of how to contact The Property Ombudsman who will be able to independently review your complaint and how it handled by ourselves. The Property Ombudsman's decision will be treated as final.
- 14.1.4
  We will do our very best to handle your complaint in a fast, fair, and transparent way. We take all feedback, positive and negative, seriously and use it to improve the service we provide.

Terms & conditions