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Online Estate Agency Terms and Conditions
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ONLINE ESTATE AGENCY TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS SHOULD YOU INSTRUCT US TO ACT AS YOUR AGENT IN THE SALE OF YOUR PROPERTY.

1. INTRODUCTION

1.1

"We" are House Hop Limited (company number 06810440) and our registered address is House Hop Limited, Grove Business Centre, Grove Technology Park, Wantage, Oxon OX12 9FF (and "us" and "our" shall be construed accordingly).

1.2

These terms and conditions (this "Agreement") are deemed to include the House Hop General Terms and Conditions and our Privacy Policy.

2. DEFINITIONS

In this agreement the following words and expressions shall have the following meanings unless the context requires otherwise:

"Property" means the property you have instructed us to sell as your agent

"Property Description" means the details prepared by one of our agents for the purpose of listing the Property including (but not limited to) any descriptions, particulars, photos, video footage, dimensions or floor plans

"Site" means the House Hop Limited website at: http://www.househop.co.uk

3. COMMISSION AND PRICING

3.1 GENERAL

We may offer a variety of commission and pricing structures from time to time, including fixed fee arrangements, commission only arrangements or a combination of both (each a "Package").

When you are choosing a Package the pricing options should be clearly shown on the Site, however, if you are in any doubt please call us on 0845 363 1974.

Please note that the fees (including commission rates) published on the Site are exclusive of vat at the applicable rate from time to time.

3.2 FIXED PRICE (NO COMMISSION) CONTRACTS

If you choose a fixed price Package then the price of the package is payable upon instructing us. There will be no commission upon sale if you have entered into a fixed price contract with no commission element.

3.3 FIXED PRICE PLUS COMMISSION CONTRACTS

If you choose a package that contains both a fixed price element and a commission element then the fixed price element will be payable upon instructing us and the commission element will be payable in accordance with the provisions of sub-clause 3.5, below.

3.4 COMMISSION BASED CONTRACTS

If you choose a Package that includes a commission payable upon exchange of contracts (see sub-clause 3.5 below) it will be on a "multiple agency" basis. In other words, you are free to market your property with other estate agents – we want to make it as easy for you to sell as we can!

It's important to note, however, that if you do list with another agent or agents you should check the terms of their contract/s to ensure that they will not charge you a commission if you sell through us.

3.5 WHEN IS COMMISSION PAYABLE?

Here's the official wording we have to use by law:

You will be liable to pay remuneration to us, in addition to any other cost or charges agreed, if at any time unconditional contracts for the sale of the property are exchanged with a purchaser introduced by us during the period of our multiple agency or with whom we had negotiations about the property during that period.

In other words, you pay us a commission if you exchange unconditional contracts for sale with a buyer introduced by us. If you sell to someone introduced by another agent (or you sell privately) you don't pay us anything.

3.6 HOW IS COMMISSION CALCULATED?

Commission is calculated as a percentage of the total purchase price of the property plus vat. The percentage of commission payable may vary, depending on the Package you choose, but should be clearly shown on the Site when you are choosing your Package. However, if you are in any doubt please call us on 0845 363 1974.

3.7 HOW IS COMMISSON PAYABLE?

We will forward our invoice for commission to your solicitor upon exchange of contracts for payment immediately. You confirm that you will authorise your solicitor to pay the commission directly to us.

3.8 ADDITIONAL MARKETING AND SERVICES

The price of any additional marketing and services is payable upon instructing us.

3.9 ADDITIONAL FEES

In the unlikely event that your property has not sold after twelve (12) months we reserve the right to charge an additional £50 plus vat for each additional month, or part thereof, of marketing.

3.10 NO THIRD PARTY COMMISSION

Unless we notify you otherwise in writing we confirm that we are not receiving any other commission in respect of the Property from any third party.

4. INTEREST

4.1 If any commission charges or other payments are not made by the due date then we reserve the right to charge you interest on such outstanding amount/s at a rate of two (2) per cent above the Bank of England base rate from time to time, beginning from the date such amount/s became due until the date of payment.

5. YOUR OBLIGATIONS

You agree that you will:

5.1 Pay any commission or other charges that may be due to us.

5.2 Carefully review the Property Description and notify us as soon as possible of any inaccuracies as well as notifying us if there are any subsequent changes to the Property.

5.3 If required allow us together with our agents access to the Property at all reasonable times and upon reasonable notice for viewings.

5.4 If required provide us with a key and any necessary alarm codes to the Property and you hereby confirm that should you instruct us to we or any one of our agents are authorised to release such key and alarm codes to other professionals such as surveyors.

5.5 Promptly notify us if you accept an offer in relation to the Property.

5.6 If the Property is sold:

5.6.1 through us you will notify us as soon as possible of the name and address of the purchaser, the sale price, the date of exchange of contracts and details of any agent involved;

5.6.2 through another agent or by you privately you will notify us as soon as possible that exchange of contracts has taken place.

5.7 Notify us as soon as possible if you become aware of any personal association that you may have with us or with any of our agents or employees (to help us comply with our legal obligations in respect of such personal associations).

6.0 ENERGY PERFORMANCE CERTIFICATES ("EPC")

6.1 You hereby acknowledge and accept that you are responsible for:

i) determining whether an EPC is required for the Property; and

ii) if an EPC is required for the Property ordering and having a valid EPC in place.

6.2 If required you will supply us at your expense with a valid EPC for the Property in electronic form that is usable by us and you hereby authorise us to publish such EPC on the Site and to send copies of such EPC to prospective purchasers of the Property.

6.3 Should you order an EPC through us you hereby authorise us to publish such EPC on the Site and to send copies of such EPC to prospective purchasers of the Property.

6.4 You agree to indemnify us fully in respect of any claims, losses, damages, expenses or liabilities incurred by us as a consequence of any failure by you to have a valid EPC in place for the Property where required to do so or for any failure by you to provide such EPC or for any inaccuracies in such EPC (where such EPC was not ordered through us).

6.5 Where an EPC is deemed not to be required by you will promptly provide suitable evidence to us that this is the case.

7. OUR OBLIGATIONS TO YOU

We will:

7.1 Notify you as soon as reasonably possible of any offer to purchase the Property that we receive unless you have instructed us no to do so.

7.2 Carry out our obligations to you in a diligent manner including preparing and placing such marketing materials as we have agreed.

8. SERVICES TO THE PURCHASER

We, together with any connected persons, may offer professional services to any prospective purchaser of the Property including conveyancing, mortgage or other financial or legal arrangements in connection with their purchase of the Property as well as estate agency and other services in connection with the sale of their own property for which a commission or referral fee may be received.

9. TERMINATION

You may terminate this Agreement at any time on giving us no less than seven (7) days' notice, which should be sent to support@househop.co.uk Clauses 3, 4, 5.1, 5.6.1, 6.4, 8, 10, 11, 15, 16 and 17 shall survive termination.

For the avoidance of doubt the House Hop General Terms and Conditions and our Privacy Policy will still apply if you continue to use the Site.

10. COMPLAINTS

10.1 A copy of our complaints procedure is available here.

10.2 We are a member of The Property Ombudsman (the "Ombudsman"). You agree that should you register a complaint with the Ombudsman we may provide information about the sale of the Property as well as your contact details to the Ombudsman if requested to do so by the Ombudsman.

11. LIABILITY

11.1 Nothing in this Agreement will be deemed to exclude our liability to you for death or personal injury arising from our negligence or for fraudulent misrepresentation.

11.2 Subject to sub-clause 11.1 our liability to you under or in connection with this Agreement shall not exceed the amount of any commission or other charges paid by you, whether in an action for contract, negligence or tort, for any: direct, indirect, consequential, special or punitive loss, damage, costs and expenses; loss of profit; loss of business; loss of reputation; or, loss of goodwill.

12. MONEY LAUNDERING

Under the Money Laundering Regulations 2007, the Proceeds of Crime Act 2002 and the Terrorism Act 2000 we are obliged to verify your identity through sight of legally recognised photographic identification and proof of address or properly certified copies thereof. You confirm that you will provide us with such identification and proof of address promptly upon request. Failure to promptly such information may mean that we have to cease acting for you.

13. DELIVERY POLICY

Our delivery policy is set out in our General Terms and Conditions and is available here.

14. CANCELLATION

Our cancellation policy is set out in our General Terms and Conditions and is available here.

15. WAIVER

A waiver by a party of a breach of any provision shall not be deemed a continuing waiver or a waiver of any subsequent breach of the same or any other provision. Failure or delay in exercising any right under this Agreement shall not prevent the exercise of that or any other right. You may not assign or transfer any benefit, interest or obligation under this Agreement. The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement. No provision in this Agreement shall adversely affect your statutory rights.

16. ENTIRE AGREEMENT

This Agreement is the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance on any warranty or representation made by us (unless made fraudulently). If a court decides that any part of this Agreement cannot be enforced, that particular part of this Agreement will not apply, but the remainder of this Agreement will, provided that in so applying the remainder of this Agreement the commercial rational of this Agreement is not altered in a material way.

17. JURISDICTION

English law shall apply to this Agreement. You irrevocably agree that the courts of England will have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with this Agreement and for those purposes irrevocably submit all disputes to the exclusive jurisdiction of the English courts.

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HOUSE HOP LIMITED GENERAL TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS WHEN USING THE HOUSEHOP.CO.UK WEBSITE ("the Site")

INDEX

INTRODUCTION
DEFINITIONS
INTELLECTUAL PROPERTY
YOUR OBLIGATIONS AND CONDUCT
REGISTRATION
LISTING
PAYMENT
"FOR SALE" BOARDS
DELIVERY POLICY
CANCELLATION
RESTRICTIONS ON OUR OBLIGATIONS
BARRING FROM THE SITE
WARRANTIES
LIABILITY
JURISDICTION
NOTICES
GENERAL

1. INTRODUCTION

1.1

"We" are House Hop Limited (company number 06810440) and our registered address is House Hop Limited, Grove Business Centre, Grove Technology Park, Wantage, Oxon OX12 9FF (and "us" and "our" shall be construed accordingly).

1.2

These terms and conditions are deemed to include our Privacy Policy and also, if you are listing using one of our online estate agency packages, our Online Estate Agency Terms and Conditions and are collectively known as "these Terms".

1.3

When you use the Site you agree to be bound by these Terms. If you do not agree to be bound by these Terms you may not use the Site. Using the Site includes, for the avoidance of doubt, Listing on the Site.

1.4

Certain uses of the Site are prohibited and amount to a misuse of our systems and the Site. Please refer in particular to clauses 4 and 11.

1.5

The headings in this agreement are for convenience only and shall not affect the construction or interpretation of this agreement.

1.6

You may print and keep a copy of these Terms. They are a legal agreement between you and us and can only be modified by you with our written consent. We may change these Terms at our sole discretion without having to notify you. If we do change these Terms then the amended version of these Terms will be displayed on the Site and such amended version of these Terms as may be displayed on the Site from time to time will apply whenever you use the Site.

2. DEFINITIONS

In this agreement the following words and expressions shall have the following meanings unless the context requires otherwise:

"Agency Listing" means a Listing of any property for the purpose of an Agency Sale as opposed to a Private Sale.

"Agency Sale" means the sale or advertising for sale by us of a property in our capacity as online estate agents.

"Agency Network" means the network of third party property search portals used from time to time by us to advertise properties Listed for Agency Sale on the Site.

"Agent" means someone working in the capacity of an estate agent who prepares a Property Description on our behalf and who may carry out other services on our behalf, such as property viewings in respect of Agency Listings.

"Contact Form" means a form into which a user of the Site enters personal contact information before submitting such form for the purpose of receiving information (including, but not limited to, quotes) from or on behalf of third party service providers listed or referred to (whether specifically or in a general sense) on the Site.

"Link" means a Uniform Resource Locator (URL) linking from the Site to a third party website or vice versa (and "Linked" shall be construed accordingly).

"List" means the submission of a Property Description in respect of any property to the Site either by a Seller for the purpose of advertising such property for Private Sale on the Site and on the Network or by us or one of our Agents for the purpose of advertising such property for Agency Sale on the Site and on the Agency Network, as the context may require, and shall also be taken to mean the publishing of such Property Description by us on the Site and on the Network or Agency Network (as the case may be) for the purpose of such advertising (and "Listed" and "Listing" shall be construed accordingly).

"Network" means the network of third party property search portals used from time to time by us to advertise properties Listed for Private Sale on the Site.

"Online Estate Agency Agreement" means the separate agreement governing the sale of properties by us through one of our online estate agency packages.

"Private Sale" means the advertising for sale by us of a property on behalf of a Seller for private sale or the sale of such property by such private seller.

"Private Sale Listing" means a Listing of any property for the purpose of Private Sale as opposed to an Agency Sale.

"Property Description" means all details provided by a Seller to describe a property for Private Sale Listing by such Seller, or all details prepared by one of our agents for the purposes of an Agency Listing, as the context may require, including (but not limited to) any descriptions, particulars, photos, video footage, dimensions or floor plans.

"Seller" means a user of the Site who, having agreed to be bound by the Terms, in particular (but without limiting the foregoing) clause 6, has Listed a property on the Site.

3. INTELLECTUAL PROPERTY

3.1

The copyright and all other intellectual property rights in the Site and its contents (including all database rights, trade marks, service marks, trade names, text, graphics, code, files and links) belong to us or our licensor(s). Subject to clause 4, you may download, copy and print material from the Site. However, you must not transmit, modify, republish, frame or pass-off any material or information on or downloaded from the Site (whether in electronic form or otherwise) without our prior written consent.

3.2

Without limitation to clause 3.1, "House Hop" is our registered trademark. You may not use or copy it without our prior written consent.

3.3

3.3.1

In keeping with the nature of the internet our policy is to grant a general consent allowing other websites to link to the Site, such general consent to include the use of "deep links". However, we reserve the right to revoke our consent to link to the Site in relation to specific websites at any time and for any reason that we may, at our sole discretion, decide. Should we revoke such consent we shall be under no obligation to disclose our reasons for doing so.

3.3.2

Should we revoke our consent to link to the Site in relation to a specific website then such website must not include links to the Site without our prior written consent. In particular (but without limiting the foregoing) such website must not include any "deep link" to any page on the Site other than the home page at www.HouseHop.co.uk without prior written consent.

4. YOUR OBLIGATIONS AND CONDUCT

4.1

You accept that you are solely responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Site and that your computer system is compatible with the Site.

4.2

You must not misuse our system or the Site. In particular, you must not hack into, circumvent the security of or otherwise disrupt the operation of our system or the Site, or attempt to carry out any of the foregoing.

4.3

You must not use or attempt to use any automated program (including, without limitation, any spider or other web crawler) to access our system or the Site, or to search, display or obtain links to any part of the Site, other than the home page at www.HouseHop.co.uk, unless the automated program identifies itself uniquely in the user agent string and is fully compliant with the Robots Exclusion Protocol (a "Permitted Program"). Any such use or attempted use of an automated program (other than a Permitted Program) shall be a misuse of our system and the Site. Obtaining access to any part of our system or the Site by means of any such automated programs (other than a Permitted Program) is strictly prohibited.

5. REGISTRATION

5.1

In order to List your property on the Site or to register as a user of the Site, you must submit a completed registration form to us. At our discretion, we may refuse your application for registration either at the time of registration or subsequently. If we accept your application for registration, we will confirm this by sending you an email containing your account username and password.

5.2

Each registration is for the user or users named in that registration (each a "Named User") only. You may not share or disclose your username and password with or to (as the case may be) any person other than a Named User.

5.3

You undertake to ensure that all information provided by you for the purposes of registering with us is accurate and complete.

5.4

You accept sole responsibility for all use of and for keeping secret any account username and password that may have been given to you or chosen by you for use on the Site. You will notify us immediately of any unauthorised use of them or of any other breach of the security of the Site of which you become aware.

6. LISTING

6.1

In order to become a Seller:

6.1.1

you must ensure that you are legally entitled to sell and/or to advertise for sale (as the case may be) any property included in any Listing submitted by you to the Site and you warrant that this is the case;

6.1.2

you must ensure that any Property Description submitted by you to the Site or approved by you for use on the Site is fair, honest, accurate and not false or misleading and you warrant that this is the case; and

6.1.3

you must ensure that any Property Description submitted by you does not contain any foul or inappropriate language or images and does not infringe any third party rights (including, but not limited to, intellectual property rights) and you warrant that this is the case.

6.2

We may delete or amend any Property Description to ensure compliance with the requirements of clauses 6.1.1 to 6.1.3 above (however, for the avoidance of doubt, in the case of Private Sale Listings it is not our responsibility to ensure such compliance) or for any other reason that we may, at our sole discretion, decide.

6.4

You agree to indemnify us fully in respect of any claims, losses, damages, expenses or liabilities incurred by us in respect of or arising in connection with any Listing submitted by you to the Site.

6.5

You agree to indemnify us fully in respect of any claims, losses, damages, expenses or liabilities incurred by us in respect of or arising in connection with the contents of any Property Description submitted by you to the Site.

6.6

You acknowledge that if you submit a Property Description you must ensure that you are legally entitled to use the contents of such Property Description including (but not limited to) any descriptions, particulars, photos, video footage, dimensions or floor plans. You warrant that this is the case and you hereby grant us a copyright licence to use such Property Description and its contents to List the property that is the subject of such Property Description on the Site and on the Network. You agree to indemnify us fully in respect of any claims, losses, damages, expenses or liabilities incurred by us in respect of or arising in connection with the use of any such content in any Property Description submitted by you to the Site.

6.7

You acknowledge that you are not legally entitled to use any content including (but not limited to) descriptions, particulars, photos, video footage, dimensions or floor plans prepared by an estate agent in your Property Description without that estate agent's permission and you agree to indemnify us fully in respect of any claims, losses, damages, expenses or liabilities incurred by us in respect of or arising in connection with the use of any such content in any Property Description submitted by you to the Site.

6.8

You acknowledge that it is a legal requirement for you to have ordered an Energy Performance Certificate ("EPC") before you begin marketing your property. You warrant that at the point at which you List your property on the Site you have in place or have ordered an EPC for such property (if required to do so by law) and you agree to indemnify us fully in respect of any claims, losses, damages, expenses or liabilities incurred by us in respect of or arising in connection with any failure by you to have ordered an EPC before marketing such property or to have a valid and up to date EPC in place, as the case may be, as well as for any failure to make such EPC available to us or (at any time when you are required to do so by law) to a prospective purchaser, while you are marketing the relevant property for sale through the Site.

6.9

When you List a property on the Site you agree:

6.9.1

that the relevant Property Description submitted by you shall be Listed on the Site and on the Network until such time as it is either removed by you or removed by us for any reason that we may, at our sole discretion, decide;

6.9.2

that the Listing of a property that is the subject of a Property Description submitted by you may begin immediately or as soon as practicably possible on the Site and on the Network; and

6.9.3

that you will make available to us, at your expense and at our request, a copy of your EPC in electronic form usable by us if we deem it necessary (at our sole discretion) to include a copy of your EPC as part of any Listing you may have on the Site.

6.10

You acknowledge that any agreement by us to List a property submitted by you to the Site in no way guarantees that such property will be sold as a result of such Listing.

7. PAYMENT

7.1

The Site accepts secure online payments to our credit card merchant account and via PayPal. Such payments are handled by our third party online payment service providers (the "Providers") and not by the Site or by us. Neither we nor the Site receive or store any sensitive financial details including (but not limited to) credit or bank card details or account numbers. Any such information submitted by you to the Providers will be transmitted directly to the Providers and will not be transmitted to us or to the Site. You acknowledge that we have no control over the way in which any personal or financial information ("Information") submitted by you to the Providers may be used, processed or stored and that we therefore make no warranties or representations as to the way in which Information may be used, processed or stored. We accept no liability for any consequences that may result from you submitting Information to the Providers and if you decide to submit Information to the Providers you do so at your own risk.

8. "FOR SALE" BOARDS

8.1

If you order a "For Sale" board from us you are responsible for ensuring that such "For Sale" board is displayed in accordance with relevant planning requirements and other relevant local and national requirements and does not cause a nuisance.

9. DELIVERY POLICY

9.1

As part of our service, we supply the following:

physical goods (e.g., "For Sale" boards);
services that will require a visit from an Agent or Domestic Energy Assessor ("DEA"), such as preparing Property Descriptions or EPCs ("Services"); and
additional marketing services, such as premium listings and featured property listings ("Additional Marketing").

It may also be possible to find or book other services, such as legal (conveyancing) and financial services, through the Site, however, please note that such legal and financial services are supplied by third party service providers and not supplied by us. Should you find or book legal or financial services through the Site your contractual relationship will be with such third party service provider and not with us.

9.2

Our delivery policy in respect of the goods and services supplied by us is as follows:

"For Sale" boards:

If you have ordered a "For Sale" board we will aim to supply it within three (3) working days.

Services:

If you have ordered Services we will aim to contact you by phone within one (1) working day a) to confirm your order, and b) to arrange a suitable time for a visit by an Agent or DEA ("Visit").

We will endeavour to arrange the Visit at a time that is convenient to you and within one (1) week of your order being placed. The Visit will normally take place during working hours, however, if this will be problematic please discuss it with us and we will try and arrange a suitable alternative time if possible.

Once the Visit has taken place we will aim to prepare your Property Description and / or EPC, as the case may be, within two (2) working days.

Additional Marketing:

If you have ordered Additional Marketing this will be put in place as soon as is reasonably practicable. For example, most of the Additional Marketing we offer can only be implemented once your Property Description has been prepared and your Listing is live.

Certain Additional Marketing may be available to us on a rotation basis only. For example, premium or featured listings on third party property portals may only begin on set days, such as at the start of each week. If this is the case for any Additional Marketing that you have ordered then such Additional Marketing will begin at the earliest time we have available to us.

10. CANCELLATION

10.1

In the case of goods, Services and Additional Marketing you have the right to cancel your contract and receive a full refund within seven (7) working days of placing your order, subject to the provisions and exceptions set out below (the "cooling-off period").

In the case of "For Sale" boards or other physical goods that we have supplied to you, you have the right to cancel your contract and receive a full refund within seven (7) working days of receiving such goods.

10.2

Should you wish to cancel your order you should email us explaining your wish to cancel and including your contact details and any property reference number you may have been given (a property reference number may not have been allocated at this stage). Your email should be sent to support@househop.co.uk

In the event that you cancel your contract and are entitled to receive a refund we will endeavour to refund you as soon as is reasonably practicable, and in any event within thirty (30) days.

10.3

You agree and acknowledge that it is likely that we will provide or begin to provide Services and Additional Marketing before the end of the cooling-off period. In particular, if you order Additional Marketing once your Listing is already live such Additional Marketing may start immediately. To the extent that we have provided or begun to provide them, such Services or Additional Marketing shall not be refundable.

11. RESTRICTIONS ON OUR OBLIGATIONS

11.1

When we accept a Listing on the Site we are agreeing to advertise the property that is the subject of that Listing and not any other goods or services of any other kind. Any Listing that includes advertising for or references to such other goods or services may be removed from the Site and from the Network immediately and without notice and the Seller who submitted such Listing barred from the Site in accordance with clause 12.

11.2

The inclusion of a Link in a Property Description is at our sole discretion. Accordingly, we may remove such a Link at any time and without notice and amend the relevant Property Description in any such way as we may deem necessary.

11.3

The inclusion in a Property Description of links to commercial domains, contact details of commercial services or details of commercial websites without our prior written consent is strictly prohibited ("Prohibited Links"). Any Listing that includes Prohibited Links may be removed from the Site and from the Network immediately and without notice and the Seller who submitted such Listing barred from the Site in accordance with clause 12.

11.4

You acknowledge that we have no control over the conduct of third parties who comprise the Network and Agency Network and that, accordingly, the publication of your Listing on the Network or Agency Network may be subject to alteration or cancellation without notice and that we do not guarantee either the publication of your Listing on the Network or Agency Network or, if published, its continued Listing thereon.

11.5

Due to the nature of software, hardware and the internet we cannot accept responsibility for any failures to publish, update or display your Listing on the Network or Agency Network where such failures are caused by problems experienced by third parties comprising the Network or Agency Network or by problems with our connection to such third parties.

11.6

Due to the nature of software, hardware and the internet we cannot accept responsibility for any failures to publish, update or display your Listing on the Site where such failures are caused as the result of any downtime (howsoever caused), any updates to or by any repair or maintenance work to the Site, to the servers on which the Site is hosted or to any associated hardware or software.

11.7

While we will endeavour to submit you Property Description to the Network in the format that it was submitted to us we cannot guarantee that it will appear in the same format on the websites that comprise the Network or Agency Network. Nor are we responsible for any delay in the publication of your Listing, any failure to publish your Listing or any delay in removing your Listing on the part of third parties comprising the Network or Agency Network.

11.8

The information contained in all Property Descriptions relating to Private Sale Listings on the Site and supplied by us to the Network is supplied and edited directly by the relevant Seller. Such Property Descriptions are Listed in good faith and form no part of any contract between you and us. We accept no responsibility for the accuracy of such Property Descriptions, which are the sole responsibility of the relevant Sellers as per clause 6.1, and we recommend that before entering into any form of transaction or contract you independently verify the information contained in the relevant Property Description.

11.9

You acknowledge that when we accept a Private Sale Listing on the Site we are agreeing to advertise the property that is the subject of such Listing on the Site and on the Network in our capacity as publisher and that nothing in these Terms shall be deemed to constitute either party the agent of the other or to create a partnership between the parties.

11.10

You acknowledge that when we accept an Agency Listing on the Site nothing in these Terms shall be deemed to constitute either party the agent of the other or to create a partnership between the parties, save to the extent that we may act on behalf of the relevant Seller in our capacity as an estate agent.

12. BARRING FROM THE SITE

12.1

We reserve the right to bar users from the Site on a temporary or permanent basis at our sole discretion. Any such user may be given notice in accordance with clause 16 and must not then attempt to use the Site (though we shall not be obliged to give such notice). This includes the use of the Site under any other name or through any other user.

13. WARRANTIES

13.1

Whilst we endeavor to ensure that any material available for downloading from the Site is not contaminated in any way, we do not warrant that such material will be free from infection, viruses and/or similar code.

13.2

Due to the nature of software, hardware and the internet, we do not warrant that your access to, or the running of, the Site will be uninterrupted or error free and we shall not be liable in the event of any such interruption or error.

13.3

The information provided on the Site is for general interest only and does not constitute specific advice, legal, financial or otherwise. Whilst we endeavour to ensure that the information on the Site is accurate, complete and up-to-date we make no warranties or representations that this is the case. If you rely on such information you do so at your own risk.

13.4

We make no warranty or guarantee that the Site or the information available on it (excluding, for the avoidance of doubt, such information as may be available via Linked sites for which we make no warranties or guarantees whatsoever) complies with any laws other than those of England.

13.5

The Site contains Links to websites operated by third parties. We have no control over their individual content. We therefore make no warranties or representations as to the accuracy or completeness of and accept no liability in respect of any of the information appearing on, or in relation to, any Linked websites. The Links are for your convenience only. We do not recommend any products or services advertised on those websites unless expressly stated otherwise. If you decide to access any third party website Linked from the Site you do so at your own risk.

13.6

The details of the Private Sale Listings available on the Site are submitted to the Site by Sellers and are for your information only. We cannot verify these details and therefore make no warranties or representations as to their accuracy or completeness and accept no liability in respect of them. If you rely on these details you do so at your own risk.

14. LIABILITY

14.1

Nothing in these Terms will be deemed to exclude our liability to you for death or personal injury arising from our negligence or for fraudulent misrepresentation.

14.2

Subject to clause 14.1, we shall not be liable for any failures due to software, hardware or internet errors or unavailability for whatever reason, or for any other circumstances that are in any way beyond our control.

14.3

Subject to clause 14.1, we do not accept any liability for loss of your password or account username caused by any breakdown, error, loss of power or otherwise caused by or to your computer system.

14.4

We may put in place such systems as we from time to time see fit to prevent automated programs being used to obtain unauthorised access to our system and the Site. Any use or attempted use by you of automated programs (including, for the avoidance of doubt, Permitted Programs) is at your own risk. Subject to clause 14.1, we shall not be liable to you for any consequences arising as a result of or in connection with any use or attempted use by you of an automated program (including, for the avoidance of doubt, Permitted Programs) to obtain access to our system or the Site.

14.5

Subject to clause 14.1, we accept no liability for any loss suffered as a result of or in connection with your use of the Site or your reliance on any information provided on the Site and we exclude such liability to the fullest extent permitted by law.

14.6

Subject to clause 14.1, we shall not be liable to you, whether in an action for contract, negligence or tort, for:

14.6.1

any direct, indirect, consequential, special or punitive loss, damage, costs and expenses;

14.6.2

loss of profit;

14.6.3

loss of business;

14.6.4

loss of reputation;

14.6.5

loss of goodwill; or

14.6.6

loss of, damage to or corruption of data.

14.7

If you use a Contact Form on the Site to enquire about any third party goods or services listed or referred to on the Site then whatever details you have included on such Contact Form will be sent by electronic transmission directly to the relevant third party or third parties. Subject to clause 14.1, we accept no liability for any consequences of you submitting such Contact Form or for any subsequent communications that you receive directly from such third party or third parties or from any other third parties as a result of you submitting such Contact Form. If you decide to submit a Contact Form you do so at your own risk.

15. JURISDICTION

15.1

English law shall apply to these Terms. You irrevocably agree that the courts of England will have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and for those purposes irrevocably submit all disputes to the exclusive jurisdiction of the English courts.

16. NOTICES

16.1

All notices shall be given:

16.1.1

to us, by registered post to House Hop Limited, Grove Business Centre, Grove Technology Park, Wantage, Oxon OX12 9FF;

16.1.2

to you, by email to the email address or addresses that you provide to us upon your registration, as may be amended by you by editing your account details on the Site from time to time.

16.2

Should you have provided more than one email address it shall, for the purpose of giving notice, be sufficient for notice to be sent to any one of those addresses and we shall not have failed to give notice if notice has not been sent to such other email address or addresses as may have been provided by you.

16.3

All notices sent by email will be deemed to have been received on the day of transmission (or when sent on a UK bank holiday, a Saturday or a Sunday the next working day following the day of transmission). All notices sent by post will be deemed to have been received once signed for by a representative of, or on behalf of, House Hop Limited.

17. GENERAL

17.1

We may from time to time change the content of the Site or suspend or discontinue any aspect of the Site. Subject to our notifying you to the contrary, any amendments to or new content on the Site will be subject to these Terms.

17.2

These Terms are the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance on any warranty or representation made by us (unless made fraudulently). If a court decides that any part of these Terms cannot be enforced, that particular part of these Terms will not apply, but the remainder of these Terms will.

17.3

A waiver by a party of a breach of any provision shall not be deemed a continuing waiver or a waiver of any subsequent breach of the same or any other provision. Failure or delay in exercising any right under these Terms shall not prevent the exercise of that or any other right. You may not assign or transfer any benefit, interest or obligation under these Terms. The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.

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HOUSE HOP LIMITED COMPLAINTS PROCEDURE

House Hop Limited is a Member of The Property Ombudsman. We aim to provide the highest standards of service to all our customers. To ensure that your interests are safeguarded, a complaints procedure has been introduced.

This provides for complaints to be dealt with internally by Mr John Tighe and in the event that we are not able to deal with the issue to our mutual satisfaction, by reference to The Property Ombudsman.
If you have a complaint, please write to us at the address as below:

Complaints
House Hop Limited
The Woolpack
16 Church Street
Wantage
Oxon
OX12 8BL
We aim to acknowledge your complaint within one (1) working day and in any event no longer than three (3) working days. It will then be investigated thoroughly in accordance with our in-house procedures and a formal reply will be sent to you within fifteen (15) working days of receipt of your complaint.
If you are not satisfied with the outcome of our initial investigation, you may ask have the complaint reviewed by writing to us setting out why you are not satisfied.
In the event that the final review as detailed above still fails to satisfy your complaint, then you are at liberty to have the matter referred to the The Property Ombudsman. We will submit our file to the Ombudsman on request. You are also entitled to have your complaint referred to the Ombudsman should we fail to deal with matters promptly or do not comply with our in-house complaints procedure within eight (8) weeks from the date we receive your written notification.