General Terms and Conditions for Using the My Viewings Website and Platform
These are the General Terms and Conditions for using the My Viewings website www.myviewings.co.uk and related platform My Viewings (collectively, “Our Site”). Before using Our Site, it is important that you read and understand these General Terms and Conditions (“Terms”) in full. If you are unsure of the meaning of any of these Terms, please contact us to discuss your query before using Our Site.
When instructing us as agents to sell your property, it is a requirement under the Estate Agents Act 1979 that you understand and accept these terms and conditions
Please read these terms and conditions carefully together with the My Viewings privacy policy, your Service Agreement with My Viewings, and the My Viewings cookie policy, which contain important information you should be aware of before you agree to use Our Site and take up any of our Products and Services. If you have any concerns or questions regarding these terms and conditions, please contact us by telephone at 0121 286 1080 or by email at [email protected]
Capitalised terms have special meanings, as do ‘you’, ‘your’, ‘we’, ‘us’, and ‘our’. Their corresponding definitions will either appear in quotation marks within these Terms or will appear in the definitions section at the end.
- ‘Local My Viewings Agent’ means the person(s) licensed by us to conduct Market Appraisals, Accompanied Viewings (as more specifically set out in the section headed ‘Bolt-on Services and Bolt-on Products’) and other related services in respect of the Property;
- ‘Our Site’ means the My Viewings website www.myviewings.co.uk/com and related platform My Viewings;
- ‘Property’ means the residential property in the United Kingdom (excluding Northern Ireland) that you have asked a Local My Viewings Agent to appraise or have instructed us to advertise for sale;
- ‘Purchaser’ means the person(s) purchasing the Property;
- ‘Seller’ means the owner(s) of the Property or the person(s) who is entitled to sell the Property;
- ‘we’, ‘us’, ‘our’ means Viewings Ltd; and
- ‘My Viewings Hub’ means the interactive facility on Our Site where you can view details of the Property listings, diary appointments, and availability and offer letters through a dedicated account.
About My Viewings
- Our Site is owned and operated by Viewings Ltd. We are a company registered in the United Kingdom under company number 12193237 and our registered address is 124 Nimmings Road, Halesowen, West Midlands, B62 9JH.
- We provide estate agency services to individuals and businesses to facilitate property sales in the United Kingdom (excluding Northern Ireland).
- We are a member of The Property Ombudsman scheme and follow The Property Redress Scheme, which is available to view on www.prs.co.uk. We are also registered with The Property Redress Scheme.
Our Site Content
- We may update Our Site from time to time and change the content at any time. However, content on Our Site may be out of date at any given time, and we are under no obligation to update it.
- We do not guarantee that Our Site, or any content on it, will be free from errors or omissions. We reserve the right to correct any errors from time to time.
- Content is provided for your general information purposes only and to inform you about us and our products and news, features, and services. It does not constitute technical, financial, or legal advice or any other type of advice and should not be relied on for any purposes.
Accessing Our Site
- We will make reasonable efforts to ensure that Our Site will be available at all times. However, we cannot guarantee that Our Site or any content on it will always be available or that access to it will be uninterrupted. We may suspend, withdraw, discontinue, or change all or any part of Our Site without notice. We will not be liable to you if for any reason Our Site is unavailable at any time or for any period.
- We reserve the right to disable access to Our Site to any user at any time if in our reasonable opinion you have failed to comply with any of the Terms laid out.
Creating an Account
- You warrant and undertake that your access to Our Site is for the purposes of marketing and selling your property, or, in the case of prospective purchasers, for contacting sellers with the intention of viewing or making an offer on their property. Use of Our Site for any other purpose is strictly forbidden, and we reserve the right to pursue any legal action(s) available for unauthorized use of Our Site.
- To register on Our Site, you must be over eighteen years of age.
Information you provide:
- When you register, we ask you to provide information about yourself, such as your name, address, telephone number, and email, and you agree that we and/or our agents may use such information as part of our verification process. This process may include (without limitation) bankruptcy and County Court Judgement identity verification checks (which will not affect your credit rating), as well as Land Registry searches relating to your property (as applicable).
Security:
- On registration, you will be required to supply a valid email address (and other contact details) and create a password to access your account.
- You agree to maintain the security and secrecy of your account login details at all times. You must keep your password secure and not disclose, or share, it with anyone. If you know or suspect that someone else has access to your password, you should log in to your account and change your details. If this is not possible, you should contact us immediately. We reserve the right to change your password if we believe that it is no longer secure.
- You further agree that we have exercised reasonable skill and due care in providing access to Our Site, and we shall not be responsible for any losses arising out of the unauthorized use of your account.
- If you forget your password, or wish to update it, you may request to do so here.
Cancelling your account:
- For information on how to close your account and/or details removed please review our Privacy Policy.
Using My Viewings Platform
- You can use the My Viewings to make appointments and communicate with Sellers, your Local My Viewings Agent, and/or prospective Purchasers (as applicable).
Messaging:
- As a Seller, you are able to message your Local My Viewings Agent and reply to messages from prospective Purchasers. As a Purchaser, you are able to message a Seller(s) and reply to messages from Sellers. You agree that you will:
- Only send and receive messages for the purpose of making and/or agreeing on an offer in respect of the applicable property;
- Comply with Clause 7 below in relation to such messages; and
- Not use the service directly or indirectly to offer or promote services and/or conduct or promote business that is not authorized in writing by us.
- Once an appointment has been requested, email and SMS notifications may be sent to the Seller, your Local My Viewings Agent, and the prospective Purchaser setting out the address of the Property, any times of appointments, and the name, telephone numbers, and email addresses of the relevant parties.
Secondary Contacts:
- If you ask My Viewings to set up a secondary contact on your My Viewings Hub account, this contact will be linked to your User Profile and the secondary contact will receive communications from My Viewings in respect of your transaction together with information we hold on you. The secondary contact will remain linked to your User Profile and will receive a communication until you ask My Viewings to remove the secondary contact.
- If you do have a secondary contact, you are doing so with the secondary contact authorizing you to share their data with My Viewings for the purpose of the transaction.
Complaints Procedure
- Please refer to our complaints page: [email protected] for details on our complaints procedure.
User Content
- You shall not submit or upload any content or information or link any other material onto Our Site which will or in our reasonable opinion is likely to:
- Promote violence or physical harm;
- Be likely to harass, upset, embarrass, alarm, or annoy any other person;
- Be offensive, threatening, obscene, or hateful;
- Be defamatory or libellous of any person;
- Promote any illegal activities;
- Be threatening, abuse, or invade another’s privacy or cause annoyance, inconvenience, or needless anxiety to any person;
- Infringe any third party’s intellectual property rights;
- Mislead or deceive any person; or
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- We have the right to remove any content or posting you make on Our Site if, in our opinion, your post does not comply with the content standards set out in these Terms.
- If you are found to be in breach of these Terms, we reserve the right to suspend or permanently remove your account and any content you have uploaded or submitted to Our Site, and we may take legal action where necessary.
Content Licence
- You retain all ownership rights in your content, but you grant us a non-exclusive, worldwide, royalty-free, transferable, sub-licensable licence to use, store, display, reproduce, modify, create derivative works, perform, and distribute your user content on or in connection with our platform and across different media, including for the purpose of promoting My Viewings, our services, and our platform.
- We 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.
- You agree that we may use publicly available information regarding your property for the purposes of marketing and promoting your property unless you notify us otherwise.
Accessing Your Personal Information and Content
- Comply with legal obligations;
- Enforce these Terms;
- Respond to claims that any content violates the rights of third parties;
- Respond to your requests for customer service; or
- Protect the rights, property, or personal safety of My Viewings, our users, and the public.
Intellectual Property Rights
- 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 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.
Anti-Money Laundering
- We are required by law to perform customer due diligence in accordance with the Money Laundering Regulations 2017. This will include verifying your identity.
- You agree to provide the necessary documentation to satisfy the Anti-Money Laundering Regulations, and acknowledge that we may terminate our services if you fail to comply with these requests.
- We will retain relevant documents and information in line with our legal obligations, typically for a minimum of 5 years.
Disclaimer
- You agree that your use of Our Site is on an ‘as is’ and ‘as available’ basis. To the fullest extent permitted by law, we disclaim any and all warranties, express or implied, in relation to Our Site.
- Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
- We will not be liable to you for any business losses. We only provide Our Site for domestic and private use. If you use Our Site for any commercial or business purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- 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.
- 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.
Changes to Our General Terms and Conditions
Jurisdiction
Disclosure of Referral Fees
Company Type | Service Supplied | Average Referral Fee |
---|---|---|
Legal Referral | Conveyancing Lawyers | £550.00 |
Surveying | Surveying | £100.00 |
Auctioneers | Auctions | £3,750.00 (London), £2,750.00 (outside London) |
Home Removal | Removals | £80.00 |
Utilities | Utilities | £15 |
Mortgage Broker | Mortgages | £150.00 |