Terms, Conditions & Disclaimer
Last Updated: 18 April 2026
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, local partners and any other
businesses need to be business members in order to be part of the community as
a business.
Moovafy is currently running 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 is conducted in an open live
environment. 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 / initial product-market-fit, provide live services to community
members and identify any unidentified issues. The platform is open at present,
but may be closed or partially open in future.
While we intend to carry on live with our
services beyond Beta without a lengthy discontinuation period, 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.
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 without our permission.
Moovafy does not provide an official
verification process, nor provides any guarantees on the members/businesses/users
that are part of the community or the content they submit, but Moovafy is
committed to creating a safe and trusted community. To achieve this, Moovafy
may ask some questions or request businesses to sign an agreement. Moovafy
reserves the entire right not to accept a request to join the community by any
individual or organisation for any reason.
With Moovafy currently running its latest Beta
in an open environment, access to the public content and functionality is
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, may need to subscribe to a business
membership or sign a partner agreement, although this is not a requirement at
present. In the future, Moovafy may also include the option to go through a
verification process at a cost part of premium membership for individuals and
businesses 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 a business membership (this model is
currently not actively pursued and required) or applying to send a message to a
prospective buyer, renter or seller on an individual basis, 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, renters, sellers, any of the
content they provide, 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/homeowners, renters, partners and
agents) to find their ideal matchmaking, learn and discover from other users’
experiences, by providing a platform that enables the advertisers (who are
intended to be prospective buyers, renters and sellers/homeowners who have already
instructed an agent to sell or are considering selling and potentially looking
for an agent or gauging interest, 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, renters or
sellers/homeowners. The stories/adverts, containing the advertiser’s story (as
a buyer, renters or seller/homeowner), will be describing some of the
advertisers’ circumstances and what they are looking for as buyers or renters
or the background to their sale or potential sale or sounding for interest.
Such adverts are the advertiser’s sole responsibility and will be published
online on Moovafy’s website.
We will also be offering local partners (such
as cafes, florists, cleaning services, farm shops, interior stylists, bakeries,
garden centres, local makers, registered architects and contractors, and pet
sitters amongst others, plus a specialised section for estate agents, buy
agents and letting agents) the possibility to feature content for their
services as an advert. Individual terms will apply to. We do not endorse or
have any liability in respect of any content we may feature on our platform,
including any partner feature/advertising from business partners who may wish
to advertise their services. To ensure a safe and simple experience for our
community, we are not currently featuring content from most regulated
professional services such as solicitors, mortgage brokers or financial
advisors, but only some where we can already confidently comply with and manage
our requirements as a platform, for instance registered architects.
Sell/homeowner 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 or where they
are gauging interest. 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 where available, 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 homeowner) 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
(or who have applied on an individual basis for a specific advert) and want to
get in contact with a prospective buyer, renter or homeowner following a buyer’s
or homeowner’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) and a piece
advertising their services individually to that advertiser. 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, buyer, renter and
seller/homeowner 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.
All advertisers (including local partner ones)
should notice that we do not provide any guarantees (other than publishing
their story, which is their advert) or on behalf of 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,
rent or sell, or that we have agents signed up or buyers, renters or sellers/homeowners
in their area or that local partners will receive interest from community
members. We do not provide any guarantees on any listing, stories content, any
services from local partners or Agents, 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 our platform’s
services.
During the current phase of Beta testing, buyer,
renter and homeowner advertisers will not be requested any payment (as
explained on the website), unless they request our writing services, 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 (other than
writing services we currently offer) or other new features.
In all cases, these payments will be expected
to take place through a link or invoice 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 or any other method indicated ONLY via our address info@moovafy.co.uk.
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 or could be charged on an individual basis if they
just wish to send a message advertising their services to the buyers, renters
and prospective sellers/homeowners sharing their stories. Details, including
payment method, will be specified on sign up or when discussing an individual
message via info@moovafy.co.uk
.
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 or
renter from an Estate or Buy agent or Lettings 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 or Lettings 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 or Lettings 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 or renter via
Moovafy. Moovafy does not provide any recommendation or advice either at any
point. Moovafy will not provide Estate Agents, Buy Agents, Letting 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. Moovafy bears no responsibility for the
content and assertions the story advertisers provide and have published.
Prospective sellers or landlords who are
interested in an advertiser’s advert (by a prospective buyer or renter), are
required to have their property registered with an Estate/Letting Agent whom
they have instructed. Further, contact will not be facilitated directly between
the seller/landlord and advertiser (prospective buyer/renter), but instead,
such sellers/landlords 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/renter).
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 or any
advertiser 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 or any
buyer’s, renter’s or any other advertiser’s content. 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/stories, Renter adverts/stories and Homeowner adverts/stories,
where they are telling their story and a messaging service included in the
business membership for signed up estate and buy agents (the business
membership is currently not active, it is agreed on an individual basis) 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 and letting 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,
renting 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 and letting 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 and renters that may wish to share their story via an advert
(individually or for their household/s). This advert will be live for up to at
least three months and buyers/renters may 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 for all prospective sellers/homeowners 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 homeowners who have not instructed an agent,
but are considering selling and looking for an agent or are just gauging
interest, 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 may 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 homeowner 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 and Letting agents may
join the community through a request and subsequent business membership once
accepted in future, at present we simply review requests on an individual basis
to send a message or to prepare a spotlight feature. If business memberships
become active again there will then be a monthly subscription fee, though we
may offer a trial period to begin with. Signing up to Moovafy may become a
requirement in future for estate and buy agents and letting 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. A membership may
also be necessary in future for their currently listed sellers to be able to
share their story on Moovafy for free. Currently agents will need to discuss
services on an individual basis for a specific story/advert.
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 and letting agents whether
they are signed up to Moovafy in future, or as currently, apply on an
individual story basis, 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 (such as right to rent), 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. WE DO NOT PROVIDE ANY
GUARANTEES EITHER ON LOCAL PARTNERS ADVERTISING THEIR SERVICES AS A
FEATURE/STORY. Moovafy reserves the right to suspend or cancel an estate or buy
agent sign up or local partner agreement 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 or local partners can cancel their sign up at any point
with no fee to do so. We will not provide any refund either for any services
already provided.
In regard to the advertisers, we do not
represent that we perform any vetting and WE DO NOT PROVIDE ANY GUARANTEES ON
THE ADVERTISERS (INCLUDING LOCAL PARTNERS) OR ANY INFORMATION THEY PROVIDE AND
WE PUBLISH OR THEIR GENUINE INTENTIONS, the advert where buy, rent and homeowner
stories are told, as well as those from local partners, are the advertiser’s
sole responsibility and they must abide by the Moovafy integrity pledge as
storytellers:
Storytellers (advertisers) pledge that the
story they are sharing is truthful and accurate to the best of their knowledge.
They understand that Moovafy is a storytelling platform and does not verify the
details provided. They are responsible for ensuring the information they share
is honest and will notify our team of any material changes.
In regard to renter adverts specifically,
please notice the following specific notice for property professionals:
Moovafy provides a platform for personal storytelling and does not verify the
household composition or licensing requirements for any contributor or right to
rent checks, financial vetting or any other due diligence. Please note that
stories involving multiple occupants may be subject to Mandatory HMO
Licensing or local Article 4 Directions. It is the sole
responsibility of the agent or landlord to ensure that any property offered is
correctly licensed and compliant with local planning permissions for the
specific household described in the story, as well as national relevant UK laws
and regulations. Moovafy does not bear any 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/story 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. Local partners will be asked to sign an
agreement.
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’/stories’
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 our community of buyers, renters, sellers/homeowners, agents
and local partners to connect. Our platform provides a place for Buy listing
adverts and Homeowner adverts (also referred to as “adverts”, “stories”, “ads”,
“buy adverts”, “buyer’s advert”, “online adverts”, “boosts”, “sell adverts”,
“homeowner stories”, amongst other similar terms), as well as Local Partner
features (and spotlights for estate agents, buy agents and letting agents) from
advertisers to be published, which we cover on point 6.9.
Advertisers for buy, renting and homeowner
adverts will be any PRIVATE PERSONS (not a business or collective investment
scheme) independently posting with the right to buy, rent and/or 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, rent or sell
(or consider selling or gauge interest on) 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 / home 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, rent or to sell or gauge interest.
Moovafy will not charge the advertiser a fee to publish a buyer or rent story
and may charge advertisers a rolling monthly fee to publish some homeowner story
adverts in future (those on the market), 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 may also relay 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 and rent 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 unless required 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/Homeowner 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, agents
may post on the advertiser’s behalf provided they have been given consent to do
so) 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/Homeowner adverts are not property listings, for that
purpose the agent’s listing should be requested when there is an agent already
in place and the property is on the market. Further Moovafy will not ask the
advertiser unless required 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 (other than for local businesses and agents),
been made public online after the advertisers have submitted the form provided.
The advert they have created (or their agent has posted on their behalf with
their consent) with such information will be reviewed and publication is
subject to this review. The seller/homeowner 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 (including in the case of local business
stories), 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 or apply on an
individual basis. 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, renter or homeowner), 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, renters 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 or letting 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 or
letting 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 OR LETTINGS AGENT AT ANY POINT INCLUDING AFTER THE
ESTATE AGENT’S OR BUY AGENT’S OR LETTING 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 lettings 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 or letting agent’s message to a prospective
buyer, renter or pre-seller including, amongst others, contact between
advertisers, estate agents, buy agents, lettings 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,
renters, sellers/homeowners (and pre-sellers) and agents, any listings or
information, and any events.
6.5 While Moovafy has no involvement, estate
and buy Agents and lettings agents acknowledge and confirm under these terms,
conditions & disclaimer that their intention to send a message to a
prospective buyer, renter or homeowner will ONLY be, as a reaction to the
advertiser’s advert or request to see a listing by a prospective buyer or
renter, for the potential provision of estate agency services, specifically,
the buying, renting and selling of residential property and where an estate or
buy agent or lettings agent sees potential opportunities to find a match or
potential match for what the prospective buyer, renter or homeowner is looking
for or considering selling.
6.6 The advertisers (prospective buyers,
renters, homeowners, sellers, pre-sellers, individuals or household/s) can only
place and have one buy advert, rent advert, and/or one sell/homeowner 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, Rent or Homeowner 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 lettings 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, rent or homeowner 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 and
lettings 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 and Lettings Agents will duly perform compliance with any duties
required by law and regulation.
6.8. Signed up estate and buy agents and
lettings 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.
6.9 Our platform also features content from
local partners (with one section specifically designed for estate agents, buy
agents and letting agents showcasing spotlights on their businesses) as
previously mentioned, which are paid partnerships, where they advertise their
services. An individual agreement covers such feature. Moovafy does not
endorse, provides any guarantee on their content or is responsible for any
services provided by partners. We currently do not provide such partnerships
for most professional regulated services, such as financial services, which our
platform does not provide or engages with as previously mentioned.
7. Advertising fees, non refundable once an advert is published, discounts and offers
Currently there is no cost to place a buy advert
or rent advert, which will be live for at least 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 homeowner adverts during the present phase of Beta
testing, but are expected to potentially 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.
Local partners wishing to advertise their
services will pay a one-off fee, which rate will be specified on an individual
agreement including what the services cover. For estate agents, buy agents and
letting agents we offer a specialised service, showcasing a spotlight on their
businesses, with the terms also detailed per an individual agreement.
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. Currently Moovafy only charges a fee to
buyer, renter and homeowner adverts if the advertisers wish Moovafy to write
the story for them as a feature, as requested by the advertisers. 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 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 regards to buy, rent and homeowner adverts,
in all cases any individual or household/s can only have one buy, rent and/or
one homeowner or pre-sale advert live at any one time.
8. Signing up Fee to Estate, Buy Agents and Letting Agents. Non refundable monthly business membership Fee in future or individual fee for a specific advert. No involvement with estate agency services. No involvement or ability to negotiate or vary any services on behalf of Estate or Buy Agents.
Moovafy will offer a messaging service to
Agents as part of the business membership to the community in future. This will
comprise 10 messages per month. A premium membership will be 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. Subscribed agents may also post their
clients’ stories on their behalf, provided their clients give consent to do so
and send them the relevant details. The advert will still be their client’s
adverts for all purposes.
The business membership fee rate will be
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.
At present however, agents will pay to send
one message on an individual basis without a membership, as the membership is
currently not active. Contact Moovafy to find out further information about
current rates. The current rate for an individual message is £20.
To be clear, only the initial message from
estate or buy agent or lettings 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 any 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 (including for individual applications to send a
message), 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 would be the
case for 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, Buy and Lettings Agents will be able
to cancel their membership when active 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. Buy, Rent and Homeowner 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. Homeowners in general 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, or gauging interest.
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 (unless it’s a local business advert) or collective
investment vehicle. Adverts will be for the purpose of buying, renting or
selling residential property only, which will be a real estate asset but not in
any form that constitutes a designated investment. Local Business adverts are
for the purpose of advertising that business.
9.4. By placing an advert with your story (or
your agent posting on your behalf with your consent), 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.
In the case of local businesses, the process is managed separately via contact
and a partner agreement.
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 or rent
residential property of certain characteristics as well as some details of the
advertiser’s situation as a buyer, renter or their story as homeowners of
residential property. The same applies to local business adverts and the
agreement will detail specific clauses.
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 in the case of buyer adverts
– family or couple for instance – where such intention is genuine and an agent
can post on behalf of the advertiser provided they consent – the advert will still
be the advertiser’s responsibility. For renters we will ask the number of
households the advert applies to, but we bear no responsibility in the accuracy
of the information provided by the advertiser).
The advertiser also has the option to choose
an image or icon for their listing as a buyer or renter or local business and a
video for homeowner 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 and rent advert will be live for
a period of at least 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 (amended if changes apply), while
a new advert will show a new date.
The homeowner 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 may apply monthly to sellers whose 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 or rent advert
wishes to continue advertising after the end of the relevant period, the
advertiser may have to 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, rent and sell residential property in the UK, are lawful business
owners where applicable (registered with companies house or as sole traders) to
publish the advert and its content and will be acting lawfully; they will also
be private buyers, renters or sellers and not a business (except for local
business adverts) 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 or by paying
an invoice with the instructions provided. 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
or to prepare a local business feature.
Please notice the link or invoice 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’ or instructions will be provided if paying an
invoice.
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, a local business or anything else advertised by you or
your situation as a buyer, renter or seller/homeowner or local business owner
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, rent or sell residential property
(a physical real estate asset) by private buyers, renters and private sellers
ONLY. Under Moovafy’s current model we do not provide the advertising package
for buying, renting and homeowners to any businesses or collective schemes or
any investment vehicles (we provide a local business package specifically for
local business advertising). 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 or
lettings 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, but agents may post on
behalf of their clients if their clients have provided their consent to them.
The advert will still be the private buyer or seller’s responsibility and they
operate under these terms and conditions. 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,
lettings 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 (other than the case of subscribed agents posting on behalf
of their clients with their consent) and attempting to post a buy, rent or
homeowner advert. 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.
9.38 Local Partners adverts are paid
partnerships (clearly labelled as such), covered by an agreement. The feature
is prepared through private contact between Moovafy and The Partner and
published on our platform’s website and social media. Moovafy does not endorse
any content or provide any guarantee on their services.
10. Moovafy’s responsibility for loss or damage. Agents and Local Partners operate independently from us. No guarantee on Estate or Buy Agents or Local Partners or their services or involvement in any potential fees they may charge. No guarantee on the advertisers (including Local Partners) 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, LETTINGS OR BUY AGENTS
OR ON ANY LOCAL PARTNERS 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, INCLUDING LOCAL PARTNERS, 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, lettings 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, lettings 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 or when
an agent applies for an individual advert, 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, lettings 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, Lettings 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, lettings 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, renter 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 services which we describe in these terms.
Equally, we do not guarantee to estate,
lettings and buy agents that advertisers, prospective Buyers, Renters 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, rent 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, lettings and buy agents may react to buy adverts, rent 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, lettings 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 get involved 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. No involvement or guarantee on any service provided by local partners advertising their services.
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.
Moovafy does not endorse or
provide any guarantee on the information published on any paid partnership
story or the services provided by The Partners. Moovafy is not responsible and
has no liability in respect of The Partners (this includes any spotlight on
individual estate agents, buy agents and letting agents).
13. SUMMARY: We are not Buy Agents, Lettings 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, renters and sellers matchmake effectively by providing
advertisers and Agents signed up to Moovafy (or accessing on an individual
basis) with a platform which allows the latter to react to adverts from
advertisers (prospective buyers, renters and homeowners) 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). Moovafy also features paid partnership
adverts from Local Partners advertising their services (this includes
spotlights on individual estate agents, buy agents and letting agents as a
specialised section). Moovafy does not provide any guarantee or has any
liability in respect of such content and the services Local Partners may
provide. While we love sharing local stories, Moovafy does not specifically
endorse the products or services of our partners. Please check their individual
terms before booking.
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, rent advert or homeowner advert publication, from any contact started
or action or result, or lack of, after receiving a message from an estate,
lettings or buy agent via Moovafy; that may arise from any communications or
lack of with any estate, lettings 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, rent advert or homeowner advert
or from the failure or success to receive messages from estate, lettings and
buy agents or the failure for estate, lettings 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. You equally release us from any
claims, damages, losses or any impact that may arise from using the services of
any of the local partners featured in our local business stories and agent
spotlights, which are paid partnerships.
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’, ‘corners of your home’ and ‘corners of my home’ are trademarks 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, Lettings 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, Lettings 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, Lettings and Buy Agents or social media websites
or Local Partners), 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. ‘Corners of your home’
and ‘Corners of my home’ are also trademarks of Moovafy Ltd. You are not
permitted to use our trade marks without our approval.
22. Contact
For any more information regarding these
Terms, Conditions & Disclaimer, please reach out to info@moovafy.co.uk