Terms & Conditions
IF ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING THE WEBSITE AND SERVICES. YOUR CONTINUED USE OF THE WEBSITE AND SERVICES NOW OR FOLLOWING THE POSTING OF ANY SUCH CHANGES WILL INDICATE YOUR ACCEPTANCE OF THESE TERMS AND OF ANY SUCH CHANGES.
2. What do words and phrases mean?
‘Content’ means all of the content, documents, information and matters on or in your Listing or contained within the Website and/or Our Platform, whether through the Website and/or Our Platform or uploaded manually.
‘Listing’ means your account that we operate within Our Platform. For the avoidance of doubt, this includes the area where you instruct Yooodle and manage the process of a sale, purchase, let and/or rent (including all marketing services).
‘Our Platform’ means the software, including but not limited to the purpose of advertising of sales/lettings, provided to customers via the Website.
‘Products & Services’ means all and each of the products and/or services offered from time to time by Yooodle within the Website and Online Platform.
‘User’ means you or anyone who uses the Website.
‘Website’ means www.yooodle.co.uk, including all systems, Software and processes hosted therein.
3. Acceptable use terms
There are rules and standards that you must abide by in connection with your use of the Website.
Yooodle has the right to enforce those guidelines as it deems appropriate in its sole discretion. This means that if you, or anyone using your Listing, or identifying information, violate these Terms, Yooodle may take any and all actions from the issuance of a warning to terminating your right to use the Website (without refund or part credit of any fees paid) to involvement of the appropriate authorities that Yooodle deems necessary or appropriate. Yooodle are not required to provide notice prior to terminate your right to use the Website for violating these Terms, but it may choose to do so.
BY USING THE WEBSITE, YOU AGREE TO WAIVE ANY CLAIMS YOU MAY HAVE AGAINST YOOODLE, AND TO HOLD YOOODLE HARMLESS AND INDEMNIFY YOOODLE WITH RESPECT TO ANY CLAIMS RELATING TO ANY ACTION TAKEN BY YOOODLE AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED OR THE WITHDRAWAL OF THE SYSTEMS WHETHER TEMPORARILY OR PERMANENT. THIS MEANS THAT YOU CANNOT SUE YOOODLE OR RECOVER ANY DAMAGES WHATSOEVER FROM YOOODLE AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT TO THE WEBSITE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF YOOODLE’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
4. Disclaimer of warranties; liability limitations
You expressly agree that your use of, or inability to use, the Website is at your sole risk. The Website is provided ’as-is‘ and ’as-available‘ for use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
In no case shall Yooodle, its Directors, Officers, Employees, Affiliates, Agents or Contractors be liable for any direct, indirect, incidental, special or consequential damages arising from your use of any of the Website or for any other claim related in any way to your use of the Website.
5. Legal principles
You agree that these Terms are not intended to confer and do not confer any rights or remedies upon any person other than you and Yooodle.
If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Yooodle failure to enforce any right or provisions in the Terms will not constitute a waiver of such provision, or any other provision of the Terms.
The personal information which you give to Yooodle when registering will be used in connection with your Listing and will be transferred to and maintained in Yooodle records in the United Kingdom. If you do not consent to this transfer, do not accept these terms and conditions.
6. No ownership
Nothing in this Agreement shall be construed to convey to you any interest, title, or license in a Yooodle email address, domain name, or similar resource used by you in connection with the Website.
8. Anti money laundering
All estate agents have a legal obligation to conduct identification checks on their customers in accordance with the Anti-Money Laundering legislation.
For sellers this must take place at the point you instruct Yooodle. For buyers this must take place at the point your offer is accepted by a seller.
We shall carry out an electronic identification check which has no impact on your credit rating and any information that we receive in connection with that search will solely be used for the purposes of the Anti-Money Laundering legislation.
Once the result of the electronic check is ascertained, unless we have a copy of acceptable photo ID (see List A below), we shall ask you two simple security questions to confirm that you are the person identified.
In any case where we have been unable to verify a customer’s identification by way of an electronic check you will be required to provide us with two forms of identification, one from LIST A and one from LIST B below. Without this, we are not able to proceed with the transaction.
|LIST A||LIST B|
|Current signed passport||Utility bill (gas, electric, satellite television, landline phone bill) issued within the last three months|
|Original birth certificate (UK birth certificate issued within 12 months of the date of birth in full form including those issued by UK authorities overseas such as Embassies High Commissions and HM Forces)||Local authority council tax bill for the current council tax year|
|EEA member state identity card (which can also be used as evidence of address if it carries this)||Current UK driving licence (but only if not used for the name evidence)|
|Current UK or EEA photocard driving licence||Bank, Building Society or Credit Union statement or passbook dated within the last three months|
|Full old-style driving licence||Original mortgage statement from a recognised lender issued for the last full year|
|Photographic registration cards for self-employed individuals in the construction industry -CIS4||Solicitors letter within the last three months confirming recent house purchase or land registry confirmation of address|
|Benefit book or original notification letter from Benefits Agency||Council or housing association rent card or tenancy agreement for the current year|
|Firearms or shotgun certificate||Benefit book or original notification letter from Benefits Agency (but not if used as proof of name)|
|Residence permit issued by the Home Office to EEA nationals on sight of own country passport||HMRC self-assessment letters or tax demand dated within the current financial year|
|National identity card bearing a photograph of the applicant||Electoral Register entry|
|NHS Medical card or letter of confirmation from GP’s practice of registration with the surgery|
Unless we have taken a copy of the original document in your presence the copies that are provided must be certified and the Post Office provides this service. Please follow the link below to find where this service is available.
Alternatively, you may use a solicitor, notary, bank, financial institution, independent professional person, a family doctor, chartered accountant, civil servant, or minister of religion.
9. Our platform
Once you have registered with Yooodle and your Listing has been posted, you will be assigned a personal assistant who will be able to provide you with support and advice.
Only photographs taken by Yooodle will be uploaded to the Listing.
If you wish to make amendments, please email firstname.lastname@example.org. We can take requests of up to 3 amendments in the duration of 8 months. Photographs will only be taken the one time; therefore further photograph requests will not be taken.
At our discretion, from time to time, we may choose to use a 3D showcase (virtual reality) to present your property which will be accessible online. If you wish for us to create a 3D showcase of your property for marketing purposes then we will charge a fee of £149.00 inc VAT.
10. Removal of content
You acknowledge that Yooodle is not responsible or liable in any way for any Content provided by others and has no duty to pre-screen such Content. However, Yooodle reserves the right at all times to determine whether Content is appropriate and in compliance with this Agreement, and may pre-screen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of this Agreement or is otherwise objectionable.
11. Access to your listing and content
Yooodle reserves the right to take steps Yooodle believe are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You acknowledge and agree that Yooodle may, without liability to you, access, use, preserve and/or disclose your Listing information and Content to law enforcement authorities, government officials, and/or a third party, as Yooodle believes is reasonably necessary or appropriate, if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Yooodle, its Users, a third party, or the public as required or permitted by law.
As part of the process of using the Website, certain personal information will need to be disclosed to third parties such as a Seller, prospective Purchaser, legal advisor, Estate Agent, third party web portals and such others as Yooodle deems necessary to enable them to provide a full service. By agreeing to these Terms you agree and accept that such information can be disclosed.
12. Using your information
A prospective Purchaser or Tenant is someone wishing to view a property, to provide feedback, to make an offer to purchase/let or who agrees a sale/let. Yooodle will need to disclose your name, address and contact details to a prospective Purchaser or Tenant in order for you to arrange viewings.
By participating in any of the above processes or services, you agree for your information to be disclosed.
13. Legal advisor
Yooodle will need to disclose the name, address, contact details, proposed purchase address, the amount the property is being sold/purchased for and any conditions of sale in relation to both the Seller and the Purchaser to the Legal Advisors acting on either or both sides of the transaction. By agreeing to these Terms you agree to allow us to do so.
14. Estate and mortgage advisors
15. Information and data
Any information and or data provided by you to Yooodle and used by Yooodle directly or indirectly in the performance of the Terms shall remain at all times the property of you. It shall be identified, clearly marked and recorded as such by Yooodle on all media and in all documentation.
Yooodle shall take all reasonable precautions to preserve the integrity and prevent any corruption or loss, damage or destruction of this data and information.
Yooodle agrees to comply and have adequate measures in place to ensure that its staff complies at all times with the provisions and obligations contained in (as amended or replaced from time to time):
- The Data Protection Act 1998.
- The Telecommunications (Data Protection and Privacy) (Direct Marketing).
- Regulations 1998 4.4.3 The Consumer Protection Distance Selling Regulations 2000.
Nothing in this Agreement shall oblige you to disclose any information to Yooodle if it is of the view that to do so would be a breach of the Data Protection Act 1998.
Yooodle shall indemnify you for any breach of the legislation above, which renders you liable for any costs, fines, claims or expenses howsoever arising. In fulfilment of its obligations above, Yooodle will have in place and will maintain at all times the Information Standards which will deal comprehensively with:
- The protection of the confidentiality, integrity and security of all and any information supplied to Yooodle by you;
- The audit and accounting procedures in place to deal with the requirements of this clause;
- The reliability and training of staff to ensure awareness of (and compliance with) their obligations;
- Any other measures and procedures to ensure that Yooodle obligations under the above clauses are met.
16. Violations of this agreement
If while using the Website, you encounter Content you find inappropriate, or otherwise believe to be a violation of this Agreement, you may report it by sending an email to email@example.com.
17. License from you
Yooodle does not claim ownership of the Content which includes photographs taken of your property for the purpose of the Listing.
However, by allowing Yooodle to upload and post Content on your Listing, you grant Yooodle a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content on the Website solely for the purpose for which such Content was submitted or made available, without any compensation or obligation to you.
18. Changes to content
You understand that in order to provide the Website and make your Content available thereon, Yooodle may transmit your Content across various public networks, in various media, and modify or change your Content to comply with technical requirements of connecting networks or devices or computers. You agree that the license permits Yooodle to take any such actions.
19. Trademark information
Yooodle, the Yooodle logo and other Yooodle trademarks, Website marks, graphics, and logos used in connection with the Website and software are trademarks or registered trademarks of Yooodle, including the intellectual property rights of the Yooodle brand. Other trademarks, Website marks, graphics, and logos used in connection with the Website or Software may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within Yooodle software/products.
20. Yooodle proprietary rights
You acknowledge and agree that Yooodle and/or its licensors own all legal right, title and interest in and to the Website, including but not limited to graphics, User interface, the scripts, logos, sounds, music, artwork, videos, computer code and software used to implement the Website, and any software provided to you as a part of and/or in connection with the Website, including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Website (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Website in compliance with this Agreement. No portion of the Website may be reproduced in any form or by any means, except as expressly permitted in these Terms.
21. Links and other third party materials
Certain content, components or features of the Website may include materials and/or services from third parties and/or hyperlinks to other web sites, resources or Content. Because Yooodle may have no control over such third party sites, services and/or materials, you acknowledge and agree that Yooodle is not responsible for the availability of such sites, services or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, or materials on or available from such sites or resources. You further acknowledge and agree that Yooodle shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such content, advertising, or materials on or available from such sites or resources.