Terms, Conditions & Disclaimer
Last Updated: 18 August 2025
1. Introduction and contact details
moovafy.co.uk is a website operated by Moovafy Ltd (“Moovafy” and where we use the terms “we”, “us”, “our”). We are a company registered in England and Wales under company number 14908382 and have our registered office at C/O Bwbca Limited Office 44, A30 Business Centre, Okehampton, Devon, United Kingdom EX20 1BG.
Community members are individual users of
Moovafy and may be described as users, members, community members or other
similar terms throughout this document. Agents and any other businesses need to
be business members in order to be part of the community as a business.
Moovafy will be running, from September 2025,
a Beta version of our initial community platform (marked ‘Beta’ in a box at the
top right hand corner throughout most of our website). It will be conducted in
an open live environment. It follows an initial pilot and a closed test with a
small group of testers. By having access to and using the services provided
during the Beta version you acknowledge that you understand that this is the
present live prototype of our community platform. Our aim is to achieve advanced
proof of concept, provide live services to community members and identify any
unidentified issues. The platform is an open one at present, but may be a
closed or partially open platform in future.
While we intend to carry on live with our
services beyond Beta without a lengthy discontinuation period and in closed or
open mode, there is the possibility that we may need to interrupt our services for
a period time to develop further, to create a more advanced platform or to resolve
any issues should this be necessary. Moovafy will update these Terms
accordingly to reflect when we are beyond the Beta version and how our platform
is evolving. You also acknowledge that you have read these Terms, Conditions
& Disclaimer as well as any other relevant documents that may apply, such
as our Privacy policy and any other documents per our website.
Moovafy is currently run in closed mode,
accessible via login prior to opening. Our content is only aimed at those members
who have been provided with login access; to this extent you guarantee that you
will not share any username and password or links provided to access the closed
Beta environment with any third party or any content only aimed at members. Any
third party that gets hold of such links (including accidentally for instance
through an error search engine result) or has in their possession any content
or login details that are not meant to be aimed at them should not use such
links or any login details or content in any circumstance without Moovafy’s
consent. We reserve the right to take any relevant action.
Any user also guarantees that they will not
share (whether in closed or open environment at any point now or in future),
copy or use any content within the website outside of Moovafy’s platform.
At present content is only for community
members with login access and must be accessed via the platform only. Any login
account can be closed at your request and Moovafy Ltd reserves the right to
close any login account if any terms are breached or requirements not met (such
as a verification), if Moovafy considers it necessary for security purposes, or
for any other reason that Moovafy may deem relevant to close the account,
including discontinuation or platform changes.
To become a member, buyers, sellers and agents
will currently need to request to join the community. Moovafy does not provide
an official verification process, nor provides any guarantees on the members
that are part of the community, but Moovafy is working towards creating a safe
and trusted community. To achieve this, Moovafy may ask some questions, such as
confirmation that the interested person is a prospective buyer, seller or agent
and we may ask to receive a reply from an email address to confirm the email
address, amongst other queries. Moovafy reserves the entire right not to accept
a request to join the community by any individual or organisation for any
reason.
Once Moovafy launches its Beta in an open
environment, access to the public content and functionality will be universal
for individuals, whilst only aimed at residents in the UK. Agents and
businesses wishing to be part of the community and benefit from the services
offered to those businesses by Moovafy, will need to subscribe to a business
membership. In the future, Moovafy may also include the option to go through a
verification process at a cost part of premium membership for individuals with
the objective to increase trust further.
We do not provide any estate agency services.
Therefore, we are not Estate Agents, Buy Agents, Property Managers or
otherwise. Agents signed up to Moovafy on the business memberships, who are
community members, operate independently and on their own terms, for which we
do not have any involvement, responsibility or liability. Non agent individual members,
please always check with any agents you may engage with. We do not provide
advice, guarantees or recommendation either, including on Agents, their services,
any businesses, on prospective buyers, sellers or any other aspect. We do
not provide any investment advice either or recommendation or carry out any
investment or regulated activity. If you need provision of any regulated services,
please consult with the relevant regulated providers.
Our aim is to create a safe and trusted
community for members (homebuyers, sellers and agents) to find their ideal
matchmaking, by providing a platform that enables the advertisers (who are
intended to be prospective buyers, and sellers who have already instructed an
agent to sell or are considering selling and looking for an agent, as they all
warrant) place adverts (“advert/s”, “story/ies”, “listing/s”, “buy listing
advert/s”, “sell advert/s”, “boost/s”, “ad/s”, “online advert/s”, “buyer
advert/s”, “buyer’s advert/s”, “home story/ies”, or similar terms) who tell
their story as buyers or sellers. The adverts, containing the advertiser’s
story (as a buyer or seller), will be describing some of the advertisers’
circumstances and what they are looking for or the background to their sale or
pre-sale (potential sale). Such adverts are the advertiser’s sole
responsibility and will be published online on Moovafy’s website.
Specifically, sell adverts by advertisers are
not property listings and are not expected to include any relevant material
information, but rather they are an advert to boost the seller’s sale or ahead
of a potential sale where they are considering to instruct and look for an
agent. Sellers posting adverts where they already have instructed an agent
beforehand, will likely have a listing for the property in question, with any
relevant material information that their agent has prepared. Prospective buyers
can request to view the seller’s property listing via Moovafy, as provided by
the agent, through a request that will also be relayed to the seller’s agent.
If the seller has made available and consented to sharing the public link to
their property listing with their agent, this link will be sent to the
prospective buyer. In future, it is a possibility that it will also be
necessary to go through verification in order to unlock the link to the
property listing. Moovafy bears in no circumstance any responsibility for any
seller (or pre-seller) story or any property listing.
Meanwhile, Estate Agents or Buy Agents that
are signed up to Moovafy on a business membership as members of the community
and want to get in contact with a prospective buyer or pre-seller following a
buyer’s or pre-seller’s advert, will be able to send a message via Moovafy
which will include their agent business details (which may include the agent’s
first name, last name, business email address and business contact number).
Equally, when an interested buyer requests to see the property listing of a
seller who is advertising through their story on Moovafy and the respective
Agent is part of the community, the message will be relayed to the seller’s
Agent and the seller’s Agent will be able to send a message via Moovafy which
will include the Agent’s listing or a link to the listing and further
information as well as the agent’s contact details. Moovafy does not have
any responsibility at all in regard to such listing or any information provided
by the Agent; it is not prepared by Moovafy, we just deliver the message from
the Agent to the interested buyer.
By using our services, advertisers consent to
receive messages from Estate Agents and Buy Agents via Moovafy, while Estate
Agents and Buy Agents agree for us to send their business details or any other
information to the advertiser through their message.
Advertisers should notice that we do not
provide any guarantees by us (other than publishing their story, which is their
advert) or by any other party. Specifically, we do not guarantee that following
the placement of an advert, an advertiser may receive any message or interest
from agents or any party, and we do not guarantee that an advertiser will find
a match, will be able to buy or sell, or that we have agents signed up or
buyers or sellers in their area. We do not provide any guarantees on any
listing, any link or material information delivered by an Agent (including
content and any detail, photos, attachments, etc), which comes from the Agent
and has not been prepared by Moovafy. We do not provide any other guarantee.
PLEASE DOUBLE CHECK THAT ANY MESSAGES YOU
RECEIVE CLAIMING TO BE FROM US COME ONLY FROM A ‘MOOVAFY.CO.UK’ ADDRESS and not
from any third party that may be impersonating Moovafy and/or its services.
During the current phase of Beta testing,
advertisers will not be requested any payment (as explained on the website) and
any subsequent changes will be duly notified per these terms or the website or
individual terms where relevant or throughout the website.
In future, under our current expected model, advertisers
may be asked for payments related to premium membership services or other new
features, but this is not the case at present.
In all cases, these payments will be expected
to take place through a link provided ONLY by info@moovafy.co.uk (please ensure
as well for example, amongst other things, that the letter ‘m’ in the email is
an ‘m’ and not an ‘r’ and an ‘n’, i.e. ‘rn’, in an attempt by fraudsters to
impersonate us). Payment will happen via the payment processor Square. Equally,
advertisers will not be requested any further information other than the
information they submit for their advert, queries on such information or when
they need to make an amendment initiated by themselves (and this will be done
only via info@moovafy.co.uk) or in the event that we are required to do so by
any competent or legal authority.
Estate Agents and Buy Agents will be charged a
fee for the subscription to the community, which level will depend on the
services provided to them. Details, including payment method, will be specified
on sign up.
Moovafy will not bear any responsibility or
liability for any situation arising from fraudulent activity by any third
party.
Following receipt of a message to a buyer from
an Estate or Buy agent via Moovafy, the advertiser (prospective buyer) may then
(but is in no circumstance obliged to and it is entirely up to the advertiser’s
assessment and decision) contact the Estate or Buy agent. Such contact and any
subsequent contact, potential services, information provision, contracts,
transactions, legal requirements, any advice at any stage, actions or anything
else that may happen between the advertiser, Estate or Buy agent and any other
party, will take place OUTSIDE of Moovafy. Agents operate independently from us
on their own terms, please check with them. Moovafy has no involvement or bears
any responsibility or liability in any circumstance, including in regard to any
property listing that an Agent may deliver to a prospective buyer via Moovafy.
Moovafy does not provide any recommendation or advice either at any point.
Moovafy will not provide Estate Agents, Buy Agents or any other party, other
than required by law, court or a competent authority, with any of the
advertisers’ contact details or any other information that is not already on
the advertiser’s advert published on Moovafy’s website, unless the advertiser
requests us to do so.
Prospective sellers who are interested in an
advertiser’s advert (by a prospective buyer), are required to have their
property registered with an Estate Agent whom they have instructed. Further,
contact will not be facilitated directly between the seller and advertiser
(prospective buyer), but instead, such sellers should speak to their instructed
agent, who will need to be signed up to Moovafy in order to send a message to
the advertiser (prospective buyer).
Prospective buyers who are interested in an
advertiser’s advert (by a prospective seller), can request to receive the
listing (provided by link subject to consent from the seller) and any other
detail from the seller’s Agent if the Agent is a member of the Moovafy
community (in some cases there will only be a link or potentially no link or
Agent). The Agent can agree or decline to send the information following a
request by a prospective buyer and the information will be sent from the Agent
through a message via Moovafy (we will not provide the Agent with the buyer’s
detail unless requested to do so). Any further contact that there might be, will
take place away and independently from us. Moovafy bears no responsibility in
any regard with any listing or other information provided by the Agent through
the message via Moovafy.
Prospective buyers who are interested in a
pre-sale story, can like the story, but we do not facilitate messaging between
prospective buyers and pre-sellers. However, Agents that are part of the
community and wish to send their details to the pre-sellers, can send a message
to such pre-sellers via Moovafy.
Moovafy has no requirement to be and is not
part of a redress scheme or have any money laundering supervision or any other
identification requirements and Moovafy does not prepare any property sell
listings or has any responsibility regarding any Agent’s listings. Moovafy does
not provide any financial services either. Moovafy only provides a platform for
members of the community who may become advertisers (and who will be private
persons) of Buy listing adverts and Sell adverts to boost their property sale, where
they are telling their story and a messaging service included in the business
membership for signed up estate and buy agents to send a message with their
business contact details (and/or information in regards to a home story) to
advertisers via Moovafy.
While Moovafy has no involvement, any role or
bears any responsibility or liability in any of the events that may take place
after a message is sent by an estate or buy agent to an advertiser, it has been
requested, and signed up estate and buy agents agree and confirm by using this
service, that the estate agents’ or buy agents’ intention to get in contact
with any advertiser is as a reaction to the advert and ONLY for the potential
provision of estate agency services, specifically, the buying and selling of
residential property (a real estate asset but not in any form that constitutes
a designated investment) in the UK and where estate or buy agents see potential
opportunities to find a match for what the advertiser is looking for. Also,
while Moovafy has no involvement, responsibility or liability in any
circumstance, estate and buy agents confirm that they will be clear to any
advertisers they may engage with, on their services, fees and any relevant
terms.
Moovafy offers a free advertising service for prospective
buyers that may wish to share their story via an advert (individually or for
their household). This advert will be live for up to three months and buyers
will then need to place a new free advert if they wish to continue advertising;
in publishing the advertiser’s advert on Moovafy we do not provide any
guarantees to advertisers by us (other than publishing the advert on our
website) or by any other party.
Moovafy offers currently a free rolling advertising
service (month by month) for all prospective sellers that may wish to share
their story via an advert in regard to a sale for which they have already
instructed an agent, who currently might or might not be a member of the
Moovafy community. In future, it is expected that this service will only be
free for sellers whose Agents are part of the Moovafy community. Moovafy also
offers a free rolling advertising service for pre-sellers who have not
instructed an agent, but are considering selling and looking for an agent,
where only agents part of the Moovafy community will be able to reach out. Again,
all these services are currently free in the present phase of our Beta version.
In future a monthly fee will be charged to sellers whose agents do not have a
business membership with Moovafy (please see further detail on the following
sections of this document). Any advert fee is exclusively for the service of
publishing the advertiser’s advert on Moovafy. Moovafy will also share the
public link with the prospective buyer if the seller has consented to and relay
to the seller’s agent any potential request by prospective buyers to view their
listing if the agents are part of the Moovafy community (without sharing the
buyer’s contact details), and Moovafy will relay to the pre-seller any
interested by an agent part of the Moovafy community. We do not provide any
guarantees to advertisers by us (other than publishing the advert on our
website) or by any other party.
Estate and buy agents can join the community
through a request and subsequent business membership once accepted. There will
then be a monthly subscription fee, though we may offer a trial period to begin
with, as it is the case during the present phase of our Beta version. Signing
up to Moovafy is a requirement for estate and buy agents to be able to send a
message including their business contact details or a seller’s listing to the
advertiser or interested buyer via Moovafy. It will also be necessary for their
currently listed sellers to be able to share their story on Moovafy for free.
Our fee structures are subject to change
depending on the evolution of Moovafy, its business model and market
environment and practices, amongst other drivers.
All estate and buy agents that are signed up
to Moovafy are required to be members of a government approved property redress
scheme, registered with the relevant authority to perform money laundering and
any other checks, as required by law, and will be in compliance with any
statutory and legal requirements that they must adhere to. We are not
responsible for any omission or misrepresentation or breaches by any estate or
buy agents regarding their registrations or any other matters and any changes
to such status. While we have a questionnaire process for sign up, we do not
represent that we provide or perform a vetting service and WE DO NOT PROVIDE
ANY GUARANTEES ON ESTATE OR BUY AGENTS OR THEIR SERVICES, LISTINGS, TERMS, ETC.
Moovafy reserves the right to suspend or cancel an estate or buy agent sign up
or not agree to it in the first place at any time for any reason – Moovafy may
in its sole discretion provide an explanation, but there is no guarantee or
obligation for Moovafy to do so. Estate and buy agents can cancel their sign up
at any point with no fee to do so.
In regard to the advertisers, we do not
represent that we perform any vetting and WE DO NOT PROVIDE ANY GUARANTEES ON
THE ADVERTISERS OR THE INFORMATION THEY PROVIDE OR THEIR GENUINE INTENTIONS,
the advert where buy and sell stories are told is the advertiser’s sole
responsibility.
To contact us, please email:
info@moovafy.co.uk
2. Use of our website and services confirms your acceptance of these terms, conditions & disclaimer.
To place an advert you will also be asked
again to confirm that you have read and agreed these terms, conditions &
disclaimer (as when joining the community) including the specific ones for
advert placement when you submit your request to place your story. Estate and
buy agents signing up to Moovafy and any other users are also bound by these
terms, conditions & disclaimer and any other policies that may apply when
using Moovafy’s services.
Please read these Terms, conditions &
Disclaimer carefully before using Moovafy’s website (the “website”) and
Moovafy’s services. By accessing or using our website and services, you (“you”
or “the user”) acknowledge that you have read, understood, and agree to be
bound by these Terms, Conditions & Disclaimer and any other relevant terms,
such as our Privacy policy. If you do not agree to these terms, conditions
& disclaimer, do not access or use our website and/or services.
It is your responsibility to regularly check
for updates to all our Terms, which may change from time to time.
3. Our Privacy Policy and further policies also apply to you.
Further terms apply to you. Please read our
Privacy Policy and any other policy on our website, and refer to any other
specific terms that may have been agreed with you.
4. Website information disclaimer
The information provided by our website is for
general informational purposes only. While we make every effort to ensure the
accuracy of the information presented, we cannot guarantee that the information
provided is always accurate, complete, or up-to-date and the adverts’ content
are solely the advertiser’s responsibility. We will not be held liable for any
errors, omissions, inaccuracies, actions or consequences as a result of the
information provided. Links, content, software, design, our community model, IP
and any information within the website shall not be shared, copy or used
outside of Moovafy without Moovafy’s consent. We reserve full right to take any
relevant action if this is violated.
5. Territory of audience for the website
Our website is directed to people residing in
the United Kingdom. We do not represent that content available on or through
our website is appropriate for use or available in other locations.
6. Moovafy’s process and requirements
6.1. Our website aims to create a safe and
trusted place for a community of buyers, sellers (and pre-sellers) and agents
to connect. Our platform provides a place for Buy listing adverts and Sell (and
pre-sale) Boosting adverts (also referred to as “adverts”, “stories”, “ads”,
“buy adverts”, “buyer’s advert”, “online adverts”, “boosts”, “sell adverts”
amongst other similar terms) from advertisers to be published.
Advertisers will be any PRIVATE PERSONS (not a
business or collective investment scheme) independently posting with the right
to buy and sell residential property (a real estate asset but not in any form
that constitutes a designated investment) in the UK, who wish to publish
publicly an online advert that advertises their story, which reflects the
interest to purchase or sell (or consider selling) residential property in the
UK. Such advert will be solely the advertiser’s responsibility. Definitions
could be subject to change, please continue to refer to our terms for any
updates.
The advertiser will publish an advert which we
refer to as their story through our website, reflecting the advertiser’s
factual and truthful situation: characteristics and location they are looking
for or sale / pre-sale background, as well as the advertiser’s vision or way
they wish to describe their home, requirements and some of the advertiser’s
general background and current situation to purchase or to sell. Moovafy will not
charge the advertiser a fee to publish a buyer story and intends to charge advertisers
a rolling monthly fee to publish a seller story advert when their agent is not
part of the community, although this is free at present during the present part
of Beta testing. Any such advert fee that applies is exclusively for our
service in publishing the advertiser’s advert as requested with their story.
Moovafy will also be relaying to the seller’s agent (but offers no guarantees),
when the agent is part of the community, any potential interest that a
prospective buyer may have in the seller advert. Please refer to Advert Terms
within clause 9. for further important terms.
6.2. The Buy listing adverts are made up of
the information submitted to Moovafy by such advertisers (either via the
website or through info@moovafy.co.uk) to request the placement of their advert
with such information, but we make no guarantees or assurances that these will
be accurate, complete, reliable, up-to-date or appropriate for any users of
Moovafy’s website and Moovafy’s services. Further Moovafy will not ask the
advertiser for further information other than the information the advertisers
submit via the website or when they wish to amend their information via
initiating contact themselves with Moovafy via info@moovafy.co.uk or in the
event that we are required by a legal or competent authority to do so.
The Sell and Pre-sale adverts (or Sell
boosting adverts, amongst other terms) are made up of the information submitted
to Moovafy by such advertisers (either via the website or through
info@moovafy.co.uk) to request the placement of their advert with such
information, but we make no guarantees or assurances that these will be
accurate, complete, reliable, up-to-date or appropriate for any users of
Moovafy’s website and Moovafy’s services. These Sell and Pre-sale adverts are
not property listings, for that purpose the agent’s listing should be requested
when there is an agent already in place. Further Moovafy will not ask the
advertiser for further information other than the information the advertisers
submit via the website or when they wish to amend their information via
initiating contact themselves with Moovafy via info@moovafy.co.uk or in the
event that we are required by a legal or competent authority to do so.
6.3. The advertisers expressly confirm that
they agree to have the information they submit, except for their last name,
email address and telephone number, been made public online after the
advertisers have submitted the form provided. The advert they have created with
such information will be reviewed and publication is subject to this review.
The seller advertisers also need to provide consent in order to share the link
to their public property listing prepared by their Agent if they wish for it to
be sent to any prospective buyer requesting to see their listing. Further the
advertisers must make payment of any relevant fee (where it applies, not for
the free period) prior to publication or continuation of publication after the
expiry of any period. The advertisers’ first name will be published online with
their advert (it will appear as can be seen on other stories on the website)
unless the advertiser opts out within the form, in which case we will use the
advert’s reference number where the first name would have appeared. In regard
to our advert review, Moovafy does not represent that such review provides
any guarantee or formal vetting on the advert or the individual posting, the
advert is the sole responsibility of the advertiser and there is no liability
on Moovafy’s part. Moovafy also reserves full rights to take down an advert for
any reason at any time. We also continuously make every effort to check our
systems and processes, and we expect advert publication to go smoothly and not
contain any errors or information accidentally published or discontinuation,
but we will have no liability where such incident takes place, though we will
seek to immediately resolve the issue at the earliest possible
opportunity.
6.4. As aforementioned, Moovafy also provides
a service to estate and buy agents that are signed up to Moovafy. Signed up
estate and buy agents can send via Moovafy one message per advertiser including
the estate agent’s or buy agent’s business contact details and reflecting their
interest to get in contact with an advertiser (buyer or pre-seller), following
the advertiser’s advert. The format will be specified to estate and buy Agents
on sign up.
Advertisers consent to receive such message
from estate and buy agents via Moovafy and in the case of seller’s adverts,
advertisers consent that their Agent sends a message via Moovafy to prospective
buyers; in any of these or other cases where messaging via Moovafy is involved,
Moovafy will have no liability, responsibility or accept any claims in any
event. We also specifically do not guarantee to any advertisers that they will
receive any interest as buyers or sellers or find any match or that we have available
agents signed up in any areas and we do not provide any guarantees on any
agent’s property listing or information.
Advertisers are not obliged to contact any
estate or buy agent following a message, this will be entirely on the back of
the advertiser’s assessment of the estate or buy agent and/or any other factors
advertisers consider relevant and it will be solely the advertiser’s decision;
Moovafy does not provide any advice of any kind, does not provide any vetting
or guarantee on any agent’s listing or information and, amongst other
considerations, there may also be other estate or buy agents signed up or not
to Moovafy that could be relevant to the advertiser.
ANY DIRECT CONTACT BETWEEN THE ADVERTISER AND
AN ESTATE OR BUY AGENT AT ANY POINT INCLUDING AFTER THE ESTATE AGENT’S OR BUY
AGENT’S INITIAL MESSAGE WILL TAKE PLACE OUTSIDE OF MOOVAFY. AGENTS OPERATE
INDEPENDENTLY FROM MOOVAFY AND WITH THEIR OWN TERMS AND THEIR LISTINGS, PLEASE
CHECK WITH THEM.
Advertisers’ contact details will not be
provided to estate or buy agents or any other party, other than required by law
or a relevant authority. Any event taking place following the estate agent’s or
buy agent’s message to a prospective buyer or pre-seller including, amongst
others, contact between advertisers, estate agents, buy agents and any third
party, services, contracts, transactions and anything else will take place
outside of Moovafy; Agents operate independently from Moovafy. Moovafy is not
involved, does not provide any estate agency services, advice or recommendation
of any kind and bears no responsibility or liability in any circumstance in
respect to any of those potential services, actions, direct communications
between buyers, sellers (and pre-sellers) and agents, any listings or
information, and any events.
6.5 While Moovafy has no involvement, estate
and buy Agents acknowledge and confirm under these terms, conditions &
disclaimer that their intention to send a message to a prospective buyer or
pre-seller will ONLY be, as a reaction to the advertiser’s advert or request to
see a listing by a prospective buyer, for the potential provision of estate
agency services, specifically, the buying and selling of residential property
and where an estate or buy agent sees potential opportunities to find a match
or potential match for what the prospective buyer or pre-seller is looking for
or considering selling.
6.6 The advertisers (prospective buyers,
sellers, pre-sellers, individuals or household) can only place and have one buy
advert and/or one sell or pre-sale advert live at any one time and will need to
wait until the expiry or cancellation of the advert to place a new advert. The
advertiser can request an amendment to the advert, which will take effect
subject to review by Moovafy or, if the advertiser wishes to place an entirely
new advert before expiry, the advertiser will need to have the existing live advert
taken down to be able to place a new one, for which a placement fee may be due.
During the present part of the Beta phase, adverts are free of charge, but this
may change and will be duly communicated in such instance. When an amendment
requested by the advertiser becomes effective, Moovafy at its discretion may
reflect on the advert the date of the update as the advert date, but this will
not affect the timings in regards to when a period starts and ends (for example,
an advert first starting on 1 June may be updated on 10 June; the advert date
may then be amended to 10 June but any period count starts from 1 June in the
year the advert was placed).
6.7. During the course of the process to
publish a Buyer listing or Sell or Pre-sale advert or via enquiries to Moovafy
through info@moovafy.co.uk, we may receive personal data and information from community
members, which may be public or not. Community members (the users) give their
consent to Moovafy to have such information. All users including advertisers,
should read our Privacy Policy in regard to treatment of data as well as these
terms, conditions & disclaimer and any other relevant terms per our website
or any individual terms between Moovafy and any party if applicable. The
following points are also noted:
i. Moovafy will not provide estate or buy
agents or any party, other than required by law or a relevant authority, with
personal data from advertisers (except, as previously mentioned, for the
advertiser’s first name, unless opted out, and any other data within the
advertiser’s public buy listing or sell or pre-sale advert which the advertiser
has consented to) and/or personal data from any users or any other information
regarding or from an advertiser besides what the advertiser has published on
Moovafy’s website as agreed by the advertiser, which will be publicly
available.
ii. In all cases, Moovafy requires Prospective
Sellers who may be users of the website and are interested in any buyers adverts,
to have in place an agent whom they have instructed to sell their property
independently from us. Prospective sellers are then asked to speak to their
agent if they wish when they see a buyer advert they are interested in.
Advertisers will only receive via Moovafy a message to get in contact from
agents (not the Prospective Sellers directly) and further, from agents who are
signed up to Moovafy.
iii. Signed up estate and buy agents will have
provisions to lawfully cover any engagement with advertisers and to provide any
services to them (including performing money laundering and identification when
required), as well as for the sharing of personal data if this situation arises
and is consented to. Estate and Buy Agents will duly perform compliance with
any duties required by law and regulation.
6.8. Signed up estate and buy agents are also
strictly required to be members of a government approved property redress
scheme, registered with the relevant authority for money laundering supervision
and to perform any other registrations, legal and compliance duties they may
need to perform. As such, Moovafy reserves full right not to proceed with or to
suspend or cancel at any point a sign up if such conditions or other terms per
any individual agreement are not met, breached or for any other reason. Moovafy
may in that case in its sole discretion provide an explanation, but Moovafy
offers no guarantee or obligation to do so.
7. Advertising fees, non refundable once an advert is published, discounts and offers
Currently there is no cost to place a buy advert,
which will be live for up to three months (counted starting on the date such
advert goes live for the first time). Fees do not currently apply either to the
placing of sell or pre-sale adverts during the present phase of Beta testing,
but are expected to apply in future on a monthly basis for sell adverts where
the respective agents are not part of the community. The cost (subject to
change, which will be duly communicated) to publish a sell advert after the currently
free period is currently expected to take the form of a monthly fee to be
specified in future. The advertiser for a sell advert will have the option to
continue or cancel each month, but once the fee is paid and the advert remains
published, the fee paid for that month is non refundable.
Moovafy may include premium features in
future, which may also be subject to charge and such fees will be duly
explained when they are available. Moovafy may offer from time to time,
generally or individually, discounts or offers, including the possibility of
free features. Any charged price does not include VAT (Moovafy is not currently
VAT registered), which will be added if applicable at the appropriate rate when
relevant. Any fee will have to be paid by the advertiser prior to the advert
being published or for the feature to be incorporated (or renewed, i.e.
continued to be published) and the advert fee rates may be subject to change,
which will be updated per our website and terms. Advertisers may also use
vouchers to claim discounts to place an advert outside any initial free period
if any such vouchers are available, provided to them and following any
conditions that may apply to the vouchers.
Any fee is NON REFUNDABLE once the advert is
or remains published on Moovafy’s website. Any relevant advert fee is
exclusively for our service in publishing the advert with the advertiser’s
story as requested, making it visible on our portal, and it is not for any other
services that we may currently offer for free; paying a fee does not provide
any guarantees either. Specifically we do not guarantee or provide a guarantee
on behalf of any other party in any circumstance that an advertiser will
receive any interest from any party, find any match or anything else other than
publishing the advertiser’s advert.
In all cases any individual or household can
only have one buy and/or one sell or pre-sale advert live at any one time.
8. Signing up Fee to Estate and Buy Agents. Non refundable monthly business membership Fee. No involvement with estate agency services. No involvement or ability to negotiate or vary any services on behalf of Estate or Buy Agents.
Moovafy offers a messaging service to Agents
as part of the business membership to the community. Currently this comprises 10
messages per month. A premium membership is available to send more than 10
messages per month. Business membership will also allow all their listed
sellers to share their story on Moovafy for free, when such fee starts to apply
to sell adverts in future.
The business membership fee rate is subject to
change, which will be duly updated per the terms agreed with Agents. Moovafy is
currently not registered for VAT and VAT will be added at the relevant rate if
and when applicable.
To be clear, only the initial message from
estate or buy agent to advertiser is sent via Moovafy. Any subsequent message
or contact will take place OUTSIDE of Moovafy, as the parties see fit, without
any liability for Moovafy in any circumstance. Agents operate independently
from Moovafy.
We operate a NO REFUND policy once the monthly
fee is paid. As explained further below, we do not guarantee that an agent will
receive any contact back from an advertiser after sending a message and we do
not provide any guarantee, other than delivering the message to the advertiser.
Moovafy does not currently charge a sign up
onboarding fee to Agents, sign up is currently free, but this could be subject
to change in future for new sign ups and such fee would apply per branch, as
does the monthly membership. Moovafy has no involvement, authority or ability
to negotiate or vary any services or the terms of the services or enter any
contract, charge or receive any fees on behalf of estate or buy agents. Agents
operate independently from us, they are responsible for their own identification
and any legal duties in relation to any prospective buyer or seller, and
Moovafy does not provide any estate agency services, advice or recommendation
and is not involved at all in property listing preparation or in any event that
may follow the sending of a message by an estate or buy agent to an advertiser
– all Moovafy does is to relay the message from the agent to the advertiser. MOOVAFY
IS AN ONLINE PLATFORM.
Estate and Buy Agents can cancel their membership
at any point with no additional fee to do so, but we require a one month notice
and fees are non refundable once paid. Moovafy reserves the right to cancel or
suspend sign up of an estate or buy agent at any point too without any
liability on our part.
9. Advert terms
Introduction, advertiser’s responsibility, content, licencing, application, acceptance and contract
9.1. The specific terms within this clause 9.
apply to any stories (working as adverts) that are placed and/or amended until
that advert expires or is cancelled or removed. However, please notice that
some terms may continue to apply. We kindly request you take your advert down
when/if you are no longer searching for property or no longer selling your home
(or it has been sold). This is to keep advert information as fresh and time
accurate as possible. There can only be one buy story/advert and/or one sell story/advert
live per advertiser (individual or household) at a time, please refer to clause
6.6 for further clarification on this matter.
9.2. All other terms within these Terms,
Conditions & Disclaimer as well as our Privacy Policy and any other policy
on our website apply indefinitely. The buy adverts are specifically for the
purpose of advertising your interest in the purchase of residential property
only, where you are a private buyer independently posting and residential
property is a real estate asset but not in any form that constitutes a
designated investment.
The sell adverts are specifically for the
purpose of advertising your story within the context of the sale of your
property in the expectation to express and show all you wish and boost your own
sale. Sellers publishing a seller advert should have already instructed an
agent who is handling that sale and with whom they have a property listing.
Sell adverts on Moovafy are not property listings. Pre-sellers can also publish
an advert, which is for the purpose of advertising their story within the
context of their consideration to sell their property and looking for an agent
that they can instruct.
The content of the adverts is the sole
responsibility of the advertiser, Moovafy shall bear no responsibility or
liability in any circumstance.
Equally, you are granting us and our
affiliates, and successors a permanent worldwide licence, non-exclusive,
royalty-free, fully-paid (at no cost to us in any circumstance at any point),
transferable and sub-licensable over the content that will be publicly
published in your advert and that you provide to us, including any images and
videos or other files. This licence provides us with worldwide rights to use
such content, reproduce, modify, adapt, publish, prepare derivative works of,
distribute, publicly perform and publicly display throughout the world in any
media in order to provide and promote our Services, for instance publishing it
on Moovafy’s website (please refer as well to subsequent sections below on the
advert terms).
9.3. The advertiser must be a private
advertiser, not a business or collective investment vehicle. Adverts will be
for the purpose of buying or selling residential property only, which will be a
real estate asset but not in any form that constitutes a designated investment.
9.4. By placing an advert with your story, you
also accept these specific terms within clause 9. on top all other terms within
our Terms, Conditions & Disclaimer and Privacy Policy and any other terms
that may apply.
9.5. The advertiser agrees and accepts again
all these terms, conditions & disclaimer including the specific ones for
the advert when submitting a form to publish an advert and a contract is formed
between the advertiser and us once the advertiser receives a confirmation email
that the advert has been published and is therefore live for the relevant
period of time. Each advert has a separate severable contract attached to
it.
Process and guidelines
9.6. To initiate the advert placement process,
the advertiser will submit factual and truthful information to Moovafy via our
website for the purpose of placing an advert with their story to buy
residential property of certain characteristics as well as some details of the
advertiser’s situation as a buyer, or their story as sellers or pre-sellers of
residential property.
9.7. The advertiser agrees to act lawfully,
honestly and truthfully and that the information supplied will be factual,
real, accurate, complete, up-to-date, not offensive, their own information and
not in the name of any other individual (to avoid confusion, a private person
may publish an advert representing their household – family or couple for
instance – where such intention is genuine).
The advertiser also has the option to choose
an image or icon for their listing as a buyer and a video for their seller or
pre-seller story, and they warrant that if they do so, such image or video will
be appropriate, decent, compliant with our terms and any relevant regulations
and not infringe any copyright or any third party rights. Please do not include
any music or special effects in any video. Moovafy reserves the right to remove
any content from the advert or the advert in its entirety at any time. Moovafy
may in its sole discretion provide an explanation in such instance, but offers
no guarantee and will have no obligation to do so.
9.8. Once Moovafy receives the advertiser’s
information, reconfirmation of acceptance of our terms, conditions &
disclaimer and any other terms, and payment of any applicable advertising fee
is made (following the provided payment link via the info@moovafy.co.uk email
address. Square is currently intended to be the payment processor), and subject
to any issues encountered with the information supplied and the review by
Moovafy, Moovafy will publicly publish the advert on its website.
Any advertising fee is exclusively for the
service of publishing your advert on Moovafy. Other services are currently
offered at no cost and in any event, paying the fee does not provide any
guarantees of any kind.
9.9. Once the information is submitted and
terms confirmed this will be considered the point when an order is made by the
advertiser to place an advert (“order”), and Moovafy, subject to a satisfactory
check of the information submitted to publish for the first time or request to
renew publication, and payment of the order (if applicable), will aim to
publish the advertiser’s advert at the earliest opportunity and within 24 hours
of receipt of payment or of the order itself where no payment is required, although
we do not give any guarantees in regard to the final timescale for publishing.
9.10. As soon as the advert is published,
subject to any delay, error or unforeseen circumstance (IT issue for instance)
for which Moovafy will have no responsibility, the advertiser will be sent a
confirmation email indicating that the advert is published, live on Moovafy and
this is the point when a contract is formed.
9.11. The buy advert will be live for a period
of three months. Unless the advertiser notifies us earlier of their intention
to remove the advert before the end of the relevant period, we may delete the
advert at the end of such period (“expiry”) or earlier should there be a reason
to do so. We will have no liability in any event where we are unable to publish
the advert uninterruptedly, for example due to a server issue or website
maintenance work. If the advertiser wishes to continue advertising, the
advertiser will need to create a new advert. Moovafy will indicate on the
listing the date the advert was originally placed, while a new advert will show
a new date.
The sell advert will be live on an ongoing
basis unless the advertiser opts to cancel. As previously stated, Moovafy
reserves the right to take down the advert. This service is currently free
during the present part of Beta testing. In future, it is expected that a fee
will apply monthly to sellers who agents are not part of the Moovafy community
and the advertiser will have the option to pay the fee and continue publication
or proceed to terminate the advert publication during the week prior to every
monthly renewal date. Moovafy reserves the right to delete the advert should
there be any reason to do so. We will have no liability in any event where we
are unable to publish the advert uninterruptedly, for example due to a server
issue or website maintenance work.
9.12. Adverts must comply with all applicable
legislation and regulation, use the English language and not be in any way
offensive, discriminatory or inappropriate in any fashion.
Cancellation, Termination, No Refund after advert publication, Deletion/Removal and Continuation
9.13. No moneys will be reimbursed for any
advertising fee after the advertiser has been sent the confirmation email
confirming that the advert has been published or continued and is live,
including for any cancellation (ours or yours) or deletion/removal prior to the
end of the relevant live period, unless we have breached our contract.
9.14. Moovafy provides you, the
advertiser, with a digital advertising package. By submitting your information,
agreeing to our terms, conditions & disclaimer and paying any advertising
fee where relevant, you are requesting Moovafy to publish your advert within
the statutory 14-day cancellation period afforded to consumers. Moovafy will
have fully performed our service once your advert goes live on Moovafy. This
means that you will lose the right to cancel your advertising package once the
advert is live and you will not be entitled to a refund where there has been
any fee payment if you wish to remove all or any part of your advert. We will
also have no liability in any event where we are unable to publish the advert
uninterruptedly, for example due to a server issue or website maintenance work.
9.15. We have the right not to publish your
advert if we encounter any relevant issues. We also have the right to terminate
the contract with you and remove an advert at any time, for which we will duly
provide notice, although we will have no obligation to provide an explanation.
In such situation where we remove your advert, we may provide you (but are
under no obligation and do not guarantee), at our own discretion, with a refund
for the unexpired part of the contract, unless we terminate the contract with
immediate effect for any of the following reasons:
i. breach of a term or any part of these
terms;
ii. if in our reasonable opinion, you have been abusive or your conduct in the buy listing advert or sell advert has caused a third party complaint;
iii. any competent law enforcement or
compliance authority instructs, advises or recommends to us to take down any of
your adverts and/or suspend the delivery of services to you.
9.16. As stated before, you can request to
remove an advert at any time, for example to avoid unwanted new approaches or
when you are no longer searching or selling, but no refunds will be given
unless you cancel your advertising package due to our breach of contract. You
can also request amendments, which will take effect subject to Moovafy’s review
and for which we will have right of refusal. When an amendment requested
by the advertiser becomes effective, Moovafy at its discretion may reflect on
the advert the date of the update as the advert date, but this will not affect
the timings in regards to when a period starts and ends (for example, an advert
starting on 1 June may be updated on 10 June; the advert date may then be
amended to 10 June but the advert expiry will still be calculated from 1 June).
9.17. If the advertiser of a buy advert wishes
to continue advertising after the end of the relevant period, the advertiser
shall create a new advert. In the case of a sell or pre-sale advert, the
advertiser is asked to take down the advert if they are no longer looking and
will need to pay a fee if relevant at any point to continue advertising in
future.
Privacy considerations, no responsibility or liability on Moovafy’s part, content and warranties by the advertiser
9.18. Moovafy has conceived the process making
every attempt so that the private advertisers remain as anonymous as possible
and as desired by the advertiser, other than having the advertiser’s first name
publicly published, which the advertiser agrees and consents to and confirms
again when submitting the form. The advertiser can also opt within the form not
to have their first name publicly published, in which case we will use the
advert’s reference number where the first name would have appeared.
The advertiser also understands and is content
with the fact that, while we are trying to create a safe and trusted place for
community member, its content may be viewed by anyone worldwide and we bear no
responsibility should any community member share any link or content or should
anyone access the platform and violates any of our terms. The advertiser should
be aware of this and takes responsibility when inputting information to be
published on their advert. Community members should also be aware of the fact
that this is a Beta testing phase, we are still working on development, and we
will progressively keep adding layers of security and security measures where
we identify any potential issue.
Moovafy has also conceived the process in such
fashion that it is up to the advertisers whether they want to initiate contact
with any of the agents that may send a message to them.
We shall have no responsibility or liability
in any circumstance for any event in which anonymity and privacy is not
achieved, for example when the advertiser is identified just by their first
name and some of the information on the advert, or when the advertiser has
included information on the advert (including any image or video) that could
reveal their identity or the advertiser has told members of the public, agents
or family or friends or anyone else that they are advertising on Moovafy or the
advertisers have informed anyone of their intentions to buy a specific type of
property and their circumstances, which may allow other users to identify who
they are or a community member providing links, their credentials, sharing
content or otherwise – these are just some examples and there may be many other
applicable instances. We shall have no responsibility either where a
member shares, copies or uses any story, which would be in contravention of
these terms & conditions. We reserve the right to take any relevant action
in such event, for instance if there is a complaint.
Adverts, which are exclusively the
responsibility of the advertiser, must not disclose any information, including
personal information other than their first name as agreed (unless opted out
within the form), that the advertiser does not wish to disclose publicly and
Moovafy shall bear no responsibility for any issue in this respect, including
where an error may accidentally happen and information is displayed in error,
which Moovafy will seek to correct as soon as possible.
9.19. Adverts must not impersonate any person
or misrepresent the advertiser’s profile, background, situation, their
intentions or affiliation with any person or company.
9.20. Adverts must not, other than solely in
relation to the interest in the purchase of a type of property which is the
subject of the buy advert or in relation to the seller story in regard to the
sale of their property, contain any advertising, promote any goods or services,
contain any financial promotion, contain links or spam, contain any content,
opinions or views unrelated to the buying or selling of residential property,
drive traffic to another website or notify users of a promotion not approved by
Moovafy or otherwise attempt to make a commercial gain, commit any wrongdoing
or render us with any potential liability, for which we will have no responsibility
in any circumstance.
9.21. In the event that issues are encountered
by Moovafy when the information is submitted or highlighted to Moovafy after an
advert is published, including complaints, initiated by a legal or regulatory
body, due to technical reasons, errors, a breach of our Terms, conditions &
disclaimer or otherwise, we reserve the right to remove any relevant content
(including any image or else) from an advert, to remove an advert in its
entirety from Moovafy or not to publish it at all in the first instance. We
will have no obligation to provide an explanation and no liability or
responsibility for any such issues.
9.22. If you need to amend your advert, please
contact us on info@moovafy.co.uk
9.23. When placing an
advert, the advertiser warrants that:
i. they are over the age of 18, they have the
right to buy and sell residential property in the UK, to publish the advert and
its content and will be acting lawfully; they will also be private buyers or
sellers and not a business or collective investment vehicle;
ii. the advert will be the sole responsibility
of the advertiser;
iii. the advertiser will not act fraudulently
and will only submit information (including any image or video for the advert
if they wish to upload an image or video) that is genuine, not artificially
generated, supported with evidence, in line with our terms that you have
agreed, decent, not offensive, lawful, which does not infringe any contract or
copyright, only for the purpose of buying or selling residential property and
that it is factual and a true and accurate representation of the property they
wish to buy or sell and their situation;
iv. the advertiser is the advertiser, the
content is their responsibility, Moovafy bears no responsibility and the advert
should be compliant with the British Code of Advertising Practice and any other
codes under the general supervision of the Advertising Standards Authority;
v. the publication of the advertiser’s advert
by us will not breach any contract, infringe any third party rights, render us
liable to any proceedings and/or cause a detriment to our reputation;
vi. the advertiser will not submit any virus,
malicious links and/or corrupted data when submitting information to us;
vii. the advertiser explicitly acknowledges
that Moovafy is not responsible for any claim or issue that may arise at any
point following the placement of an advert, including after the advert’s expiry
or removal.
Mechanics of advertising fee payments, no guarantees
9.24. Payment for any adverting fees is
expected to be made by following the supplied payment link from the
info@moovafy.co.uk email address for the relevant fee at the time. Any vouchers
or discounts will be added if applicable as well as VAT when Moovafy becomes
VAT registered. The advert or features may also be offered as a free or
discounted service occasionally. Payment will be requested where relevant following
the completion and sending of the form requesting the placement of an advert by
the advertiser or following the request to use any premium features when these
are available.
Please notice the link will ONLY be provided
via an email from info@moovafy.co.uk and sent to the email address provided on
the form sent to Moovafy by the advertiser. The payment processor is currently
set to be ‘Square’.
While we expect the payment process to go
smoothly, Moovafy will check that the payment has been received without issues
and will follow up with the advertiser who is placing an advert otherwise.
Please ignore any emails or contact that do not come from info@moovafy.co.uk
(check the spelling very carefully, for instance that an ‘m’ is an ‘m’ and not
an ‘r’ and an ‘n’ typed together and watch out for any abnormal requests) or
any requests that ask for any payments at all in any form and any amount.
We do not accept any liability for any loss or
damage to you incurred as a result of you making a payment to us or any other
party, as a result of a third party or their systems or your systems, including
any virus that could be affecting your device, or if you are the victim of any
hack or fraudulent activity by any third party that may or may not be
impersonating Moovafy Ltd. and / or its services.
As previously explained, any advertising fee
is solely for the service to publish the advertiser’s advert. We do not provide
any guarantees by us (other than publishing the advert on our website) or on
behalf of any party. Specifically, we do not guarantee that an advertiser will
receive any interest or message from any party, find a match or anything else.
Rights, obligations, copyright and advert content liability
9.25. We shall act with reasonable care, skill
and in a professional and timely manner in regard to the digital advertising
service package we provide and we shall use our best efforts to remedy any
issue that may arise.
9.26. We are not responsible for the content
of the advert or any link or listing that may be delivered via Moovafy coming
from an agent. The advertiser agrees it is their sole responsibility, including
any image or video the advertiser may upload for their profile. As such, they
agree that they shall be responsible for any losses, expenses or any costs
incurred by us caused by an issue arising from the advertiser’s content
containing inaccuracies, untrue statements or unlawful information, amongst
other reasons.
9.27. You agree that any questions and
complaints regarding an interest in a type of property, location, a video about
your property and sale or anything else advertised by you or your situation as
a buyer or seller or anything else in your advert will be your responsibility
only and that we do not have any liability in this or any other regard.
9.28. In the event of any error or important
omission in an advert that we become aware of, we may at our sole discretion
either amend the relevant part of the advert or remove the advert in its
entirety and, at our sole discretion, refund or adjust the charges. No refund,
amendment or adjustment to the charges will be considered particularly where in
our sole opinion, the error or omission does not materially detract from the
advert or where it arises as a result of incorrect or inadequate information provided
by you.
9.29 The advertiser explicitly gives Moovafy
permission to publish their advert online and grants Moovafy worldwide rights
over the material published in the advert to use it worldwide for an unlimited
period of time without incurring in any circumstance in any liability, breach
or infringement of copyright or of any kind, or any cost at any point.
Data considerations
9.30. You should read this section together
with our privacy policy. Most terms herein are mentioned throughout these
Terms, conditions & disclaimer too. We take security very seriously and
would like to explicitly explain the terms and policies below for your clarity.
9.31. By submitting information to place an
advert through us, you are requesting that your advert appears on Moovafy. This
means that the advert and all information contained within it can potentially
be viewed by all persons with internet access throughout the world. You consent
to the publication of your data in this way.
9.32. We will only communicate with you in the
first instance using our email address info@moovafy.co.uk and you confirm you
consent and are happy to receive messages via Moovafy from estate and buy
agents which will include their business contact details, as well as messages
from Moovafy itself and contact in future.
9.33. You acknowledge and agree that by
placing an advert with us, you will provide us with and we will collect from
you certain personal data relating to you when you submit your information
(e.g. first name, last name, phone number, email address and any other that you
may add to your advert information). Your last name, phone number and email
address will not be published online, but your first name will where you
consent to (unless you opt out within the form) and we will also publish any
other information considered personal data which you enter within any of the
other form fields, which you consent to publish when you submit your advert for
publication; personal data will be processed in accordance with our Privacy
Policy and may be used for a number of purposes (as further detailed in our
Privacy Policy) and which may include the prevention and detection of fraud,
assisting with police investigations and/or enquiries and/or complying with
statutory and regulatory obligations. Our Privacy Policy can be found on our
website and we advise you to read it.
Advert limitations, Buy and Estate agents and business advertising
9.34. These Terms, Conditions and Disclaimer
relate to the advertising of interest to buy or sell residential property (a
physical real estate asset) by private buyers and private sellers ONLY. Under
Moovafy’s current model we do not provide the advertising package to any
businesses or collective schemes or any investment vehicles. We do not provide
either an advertising package for non residential property or residential
property in any form that is a designated investment. We do not engage in any
fashion with financial promotions and we do not operate any investment scheme.
We do not provide any advice including investment advice or recommendation or
carry out any investment or regulated activity. If you need provision of any
regulated services please consult with the relevant regulated providers.
9.35. If you are a buy or estate agent acting
in the course of your business, you are currently not permitted under any
circumstance to place any advert and/or otherwise pass yourself off as a
private buyer or private seller. We do not currently offer business
advertising.
9.36. The Consumer Protection from Unfair
Trading Practices Regulations 2008 imposes a general prohibition on traders in
all sectors from engaging in unfair commercial practices with consumers.
Specifically, they protect consumers from unfair or misleading trading
practices and ban misleading omissions and aggressive sales tactics. Users
should be able to tell whether an advert comes from a buy agent, estate agent,
business, private buyer directly or otherwise. It is your responsibility
as the advertiser to comply with the Regulations.
9.37. We may, in our sole discretion, remove
any advert that has been placed as private which we reasonably believe has been
placed by any business acting in the course of a business or any other party
that is not private. In such circumstances and without prejudice of any other
actions, you will not be entitled to any refund for the advert in question
(where a fee has been applicable), you may be charged an administration fee by
us and you will be responsible for any potential claims.
10. Moovafy’s responsibility for loss or damage. Agents operate independently from us. No guarantee on Estate or Buy Agents or their services or involvement in any potential fees they may charge. No guarantee on the advertisers or the information they provide. Agents’ requirements.
10.1. We do not exclude or limit in any way
our liability to you where it would be unlawful to do so.
10.2. We are not responsible for any damages
or losses or any liability that may occur as a result of using or the inability
to use our website, our services, any content displayed on our website,
submitting any information via the website or to info@moovafy.co.uk directly;
as a result of any message from an estate or buy agent sent via Moovafy, any
estate agency service, fees proposed or charged or any service provided by an
estate or buy agent signed up or not to Moovafy (WE DO NOT PROVIDE ANY ADVICE,
ANY ESTATE AGENCY SERVICE, NOR ANY GUARANTEES ON ESTATE OR BUY AGENTS OR THEIR
SERVICES OR POTENTIAL FEES THEY MAY CHARGE) or any service provided by any
other third party; as a result of any AML (Anti Money Laundering) or identity
check requirement that any other party may have (Moovafy is not required to and
does not perform such checks and WE DO NOT PROVIDE ANY GUARANTEES ON THE
ADVERTISERS OR THE INFORMATION THEY PROVIDE either) ; as a result of any
purchase, sale or transaction that may arise from contact between advertisers
and estate or buy agents or any other party, or as a result of any action,
communication, agent listing, activity, fraudulent activity by a third party
(for example impersonating Moovafy and/or its services), loss or damage due to
IT, computer viruses, hacking, unauthorised access to our website or anything
else that may take place following the placement of an advert on Moovafy’s
website, making a payment to Moovafy using any payment link or otherwise,
and/or the engagement between users or any other third party and any actions
taken by any user or third party following a buy listing advert or sell advert
being posted in our website and any message sent via Moovafy by an agent to an
advertiser.
10.3. All estate and buy Agents that are
signed up to Moovafy are required to be members of a government approved
property redress scheme, registered with the relevant authority to perform
money laundering and any other checks, as required by law (which we are not
required to perform), and will be in strict compliance with any statutory and
legal requirements that they must adhere to. All estate and buy Agents
acknowledge that they will be very clear on any fees they may charge for their
services and will clearly inform and agree with advertisers such fees and
relevant clauses; Moovafy has no involvement at all in any such services. We
are not responsible for any omission or misrepresentation or breaches by any
estate or buy agent regarding their registrations or any other matters and any
changes to such status. While there is a questionnaire during sign up, we do
not represent and we do not provide a vetting service and we do not provide any
guarantees on estate or buy agents or their services. Moovafy reserves the
right to suspend an estate or buy Agent sign up or not agree to it in the first
place at any time for any reason.
10.4. If you are an estate or buy agent, we do
not provide any guarantees on the advertisers or the information they provide,
we do not perform any identity checks and we will not be liable for any loss of
profits, sales, business or revenue; business interruption; loss of anticipated
savings; loss of business opportunity, goodwill or reputation; issues or claims
arising in regard to any advertiser or any advert, including for example due to
any identification matters, error, omission or misrepresentation by
advertisers; lack of response by any advertiser, resulting business after
sending a message or any event or circumstance that takes place after asking
Moovafy to deliver a message to an advertiser; or any indirect or consequential
loss or damage of any kind, including for example due to fraudulent activity by
a third party when making a payment, hacking, unauthorised access to Moovafy’s
website or otherwise.
11. No involvement, no guarantee to advertisers of contact from Estate or Buy Agents, no guarantee to Estate or Buy Agents of contact back in reply from advertisers, no guarantee of property sale or purchase to any party or any other guarantee.
We are not involved in any transaction or any
event following the publication of an advertiser’s advert (other than relaying
any message from a signed up estate or buy agent to an advertiser), or any
event that takes place following a message by an estate or buy agent to an
advertiser or any event other than an agent’s message, that happens as a
reaction to an advertiser’s advert.
We do NOT guarantee that by using our website or placing an advert, any interest through messages by estate or buy agents (or in any other form) will be received for sure by advertisers, or that buyers will request to view the listings for seller adverts leading then to any potential sale, or that estate or buy agents will be contacted by the advertisers after sending a message to them. We do NOT guarantee that an advertiser (prospective buyer or seller or pre-seller) will find a match in any circumstance, for example that an advertiser will find or buy or sell to the match or potential match they are looking for, EVEN after contact by an agent highlighting what the agent may believe to be a match or potential match or that a seller will find a match that will be interested in their property.
While we are currently inviting agents to sign up within our local areas of
Devon and Cornwall and slowly beyond nationwide and will be continuously
looking to expand, we do not represent or provide any guarantees that we have
agents currently signed up in any particular areas. We do not provide any
guarantee on the advertiser to the agent either. We do NOT guarantee either
that a user will sell a property in any circumstance, for example one that they
believe fits a Buyer’s listing advert and could be a match or potential
match. WE DO NOT PROVIDE ANY GUARANTEE OF ANY KIND ON BEHALF OF ANY PARTY
EITHER.
We do not perform any estate agent services
including finding a Seller or a Buyer or property for any user and we do not
provide any guarantees to advertisers on the estate and buy agents that may
send messages to them or guarantees on their behalf. Agents operate
independently from us on their own terms, please check with them in all
circumstances. We are not instructed by Buyers or Sellers or receive in our
current business model any fees by estate or buy agents other than the fee for
our business membership service which we describe in these terms.
Equally, we do not guarantee to estate and buy
agents that advertisers, prospective Buyers or Sellers or Pre-sellers with whom
they attempt to initiate contact on the back of an advertiser’s advert will
result in any contact back at all, property transactions and, we are not
involved in any transaction, contact, advice, recommendation or negotiation. We
will just deliver the messages of signed up agents to advertisers regarding
adverts they are interested in and the agents’ listings for a seller’s advert
where requested.
Our role is solely to provide a platform on
which advertisers can advertise their interest to buy or to sell or a pre-sale in
a particular type of property and/or location and their situation via the
advert with their story, while estate and buy agents may send their listing
when a buyer is interested in an advert from one of their sellers, or the same
estate and buy agents may react to buy adverts and pre-sale adverts because
they see opportunities to find a match or potential match for what the
advertisers are looking for and they may wish to provide estate agency services
to those advertisers. Estate and buy agents signed up to Moovafy may in that
instance send a message to the advertiser via Moovafy with their business
contact details – all Moovafy does then is to publish an advert and to relay
the message from the estate or buy agent to the advertiser or an interested
buyer and nothing else, we provide no guarantees.
To confirm again, we do not represent to
advertisers that Moovafy has agents currently signed up in any areas at all. We
are at present inviting agents to sign up within our local areas of Devon and
Cornwall (and slowly beyond nationwide), with plans to expand further on an
ongoing basis. In all cases, nonetheless, any advertising fee is wholly and
exclusively for the service of publishing the advertiser’s advert with their
story; WE DO NOT REPRESENT THAT ADVERT PLACEMENT AND/OR ANY ADVERTISING FEE
(DISCOUNTS AND OFFERS MAY APPLY) PROVIDE ANY GUARANTEES AT ALL BY MOOVAFY
(other than publishing the advert on Moovafy) OR BY ANY OTHER PARTY.
12. No involvement with any property sale or purchase or any other transaction or negotiation
Moovafy does not perform any estate agency
services and does not provide any advice or recommendation of any kind. To be
completely clear, if any user, after using Moovafy’s website or Moovafy’s
services, is successful or unsuccessful in executing a property transaction or
any transaction, whether you are a Buyer, Seller, Pre-Seller or Estate or Buy
Agent or otherwise (any other user) and whether you have used Moovafy’s website
and services or not, Moovafy will not be involved in any way with such property
sale or purchase or other transaction, or lack of transaction and will not be
liable or responsible under any contract for any property transaction, any
agent’s listing or any other transaction or negotiation or contact and
activities or lack of any of them that any party might enter into or not or the
result/s of any such transaction or negotiation or contact and
activities.
13. SUMMARY: We are not Buy Agents or Estate agents or Property Managers (we do not provide any estate agency services) or provide any advice, recommendation or guarantees.
We only provide a digital
advertising package for advertisers to place their advert, to post their story,
and we help homebuyers and sellers matchmake effectively by providing
advertisers and Agents signed up to Moovafy with a platform which allows the latter
to react to adverts from advertisers (prospective buyers and pre-sellers) and
to deliver their agent’s listing to interested buyers that are reacting to
sellers adverts. Such reaction or delivery takes the form of sharing an already
public link for a property listing with the consent of the seller advertising
on the back of a prospective buyer’s request and/or agents sending a message to
the advertisers and interested buyers highlighting their interest to get in
contact and their listing for their seller where this has been requested. There
are no guarantees of any kind by us or any party, other than we will publish an
advertiser’s advert (subject to terms) and deliver the message from the signed
up agent (subject to terms).
Release from any claims
By using our website, any services by Moovafy
and submitting any information via the website or to info@moovafy.co.uk , you
agree to release us from any and all claims, damages, or losses that may arise,
amongst others, from your use of our website, services, submission of any
information to the website or to info@moovafy.co.uk , from a buyer listing
advert or sell or pre-sale advert publication, from any contact started or
action or result, or lack of, after receiving a message from an estate or buy
agent via Moovafy; that may arise from any communications or lack of with any
estate or buy Agent or any other party outside of Moovafy, from any agents’
listings, from making a payment to Moovafy, from any third party hack or
fraudulent activity that any user may be the victim of, from the result of any
estate agency service (which Moovafy does not provide, has any responsibility
for or perform as a business in any case), from the result of anyone (community
member or not) not following our terms which expressly state that no content,
link or information should be copied, shared or used outside of Moovafy without
Moovafy’s consent, or from any interaction between any parties after a buy
listing advert or sell or pre-sale advert or from the failure or success to
receive messages from estate and buy agents or the failure for estate or buy
agents to be contacted back by advertisers or the success or failure to enter
into or complete a property transaction or any transaction and any resulting
matters following any transaction or negotiation that may arise.
14. Material on our website, including Moovafy’s posts. Restrictions
14.1. We are the owner or the licensee of all
intellectual property rights in our website, and in the material published on
it. Those works are protected by copyright laws and treaties around the world.
We reserve all such rights.
14.2. Such licence to use material includes
the contents per Moovafy’s posts published either on this website and/or in any
social media page by Moovafy, such as Linkedin or Instagram or Facebook (Meta),
amongst others. Permission (directly or indirectly) has been provided for any
information or image or video coming from third parties to be published on
Moovafy’s website or Moovafy’s social media royalty-free, at no cost in any
circumstance at any point now or in future. Clause 14.1. applies.
14.3. ‘Moovafy helping homebuyers and sellers
matchmake’ is a trademark of Moovafy Ltd.
14.4. You must not use any part of the content
on our website for commercial purposes without obtaining a licence to do so
from us or our licensors and you must not share, copy or use any part of the
content outside of Moovafy’s platform and community in any circumstance.
14.5. You must not use our website, services,
processes and products to develop a similar or competing product or service.
You must not modify or create derivative works of our products and services or
processes either and you should not interfere with or circumvent any of these
terms. We reserve the right to take any relevant action if you do.
14.6. Without prejudice of any other action,
if you breach these terms of use, your right to use our website will cease
immediately and you must, at our option, return or destroy any copies of the
materials you have made.
15. Third party links, resources and messages from Estate and Buy Agents
15.1. Our website and services may contain
links to third-party websites or resources and Moovafy may send messages from
Estate and Buy Agents to advertisers.
15.2. These links and messages are provided
solely as a convenience to you and do not constitute an endorsement or
guarantee of the quality, accuracy, absence of viruses, or reliability of the
information or services provided by these third parties, their websites and
resources or any other guarantee.
15.3. We are not responsible for any content
(such as property listings), products, or services provided by these third
parties (for example Estate and Buy Agents or social media websites), their
websites and resources, and we make no representations or warranties about the
suitability, reliability, availability, timeliness, or accuracy of any content,
products, or services provided by these third parties, their websites and
resources.
16. Linking to our website
16.1. You may link to our landing page,
provided you do so in a way that is fair, legal, compliant with our terms and
guidelines and does not damage our reputation or take advantage of it.
16.2. 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.
16.3. If you wish to link to or make any use
of content on our website beyond our landing page (for which a login will be
required) and as set above, please contact us via email at: info@moovafy.co.uk
.
17. Suspension, withdrawal or transfer of our website and operation
17.1. We do not guarantee that our website, or
any content on it and services, will always be available, be uninterrupted or
terminated. We may suspend or withdraw or restrict the availability of all or
any part of our website and services for business and operational reasons,
including development of our platform beyond the Beta phase. We may also
transfer our operation to a third party. We will try to give you reasonable
notice of any suspension, withdrawal or transfer.
17.2. You are also responsible for ensuring
that all persons who access our website through your internet connection are
aware of these terms of use and other applicable terms, and that they comply
with them.
18. Viruses
18.1. We do not guarantee that our website
will be secure or free from bugs or viruses.
18.2. You are responsible for configuring your
information technology, computer programmes and platform to access our website.
You should use your own virus protection software.
18.3. You must not misuse our website by
knowingly introducing viruses, trojans, worms, logic bombs or any other
material that is malicious or technologically harmful. You must not attempt to
gain unauthorised access to our website, the server on which our site is stored
or any server, computer, mailbox or database connected to our website.
18.4. 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 website will cease immediately.
19. Changes to these terms and our website
We reserve the right to modify these Terms,
Conditions & Disclaimer at any time as well as to modify the website
itself. By continuing to use our website and services after we post any changes
to these Terms, Conditions & Disclaimer, you acknowledge and agree to be
bound by the revised terms.
20. Governing law and disputes
If you are a consumer, please note that these
terms of use, their subject matter and their formation, 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.
If we fail to insist that you perform any of
your obligations under these Terms, or if we delay in doing so, that will not
mean that we have waived our rights against you and will not mean that you do
not have to comply with those obligations.
21. Our trade marks
As afore stated, ‘Moovafy helping homebuyers
and sellers matchmake’ is a trademark of Moovafy Ltd. You are not permitted to
use our trade mark without our approval.
22. Contact
For any more information regarding these
Terms, Conditions & Disclaimer, please reach out to info@moovafy.co.uk