These Terms of Use and Supply of Services for Vendors (the “Terms”) relate to vendors (a “Vendor” or “you”)) who have submitted details (or plan to submit details) of their property or properties for advertisement on www.the-viewing.com (the “Site”).
If you are a Vendor please read these Terms carefully as they form a legal contract between you and The Viewing Real Estate Limited (“Us”) and contain important details about your legal rights and obligations.
If you are using The-Viewing.com other than as a Vendor, these Terms do not apply to you. Instead, your use of www.the-viewing.com, whether as a guest or as a registered user, is subject to our Terms of Use for Other Users. These can be found by following the link here.
1 Introduction
1.1 Our website (our “Site”) is made available to you and our services provided to you by us in accordance with these Terms.
1.2 You must read these Terms carefully before you submit details of your property to our Site. We recommend that you print a copy of these Terms for future reference. If there is any part of these Terms that you do not understand please ask us for clarification.
1.3 We will ask you before you submit details of your property to our Site to check a box confirming that you have read both these Terms and our Privacy and Cookies Policy, and that you agree to be bound by them. By checking the box, you confirm that you have read and understood these Terms and that you accept and agree to comply with them.
1.4 If you do not agree to these Terms, you should not use our Site.
1.5 From time to time we may need to make changes to these Terms. Any changes will be published on our Site and will from that point apply to these Terms as if they were part of the original Terms. Those revised terms will apply to you and Us in place of the previous Terms.
1.6 Nothing in these Terms will affect your statutory rights.
2 Information about us
2.1 www.the-viewing.com is a site operated by The Viewing Real Estate Limited, a company registered in England and Wales. Our company registration number is 09926451 and our registered office is at 3rd Floor, 86-90 Paul Street, London EC2A 4NE. Our registered VAT number is 235 4686 89. For more information about us, please see our “About Us” page.
2.2 You can contact us by writing to us at help@the-viewing.com or Client Services, 3rd Floor, 86-90 Paul Street, London EC2A 4NE
2.3 www.the-viewing.com is not an estate agency. We provide a marketing package which endeavours to generate buyer interest in your property. The aim of this marketing is to put the prospective buyer in touch with the vendor directly to book the property viewing. The vendor will be responsible for confirming all arrangements for the viewing and coordinating the viewing and any follow-up negotiations and for ensuring their own physical and financial safety and security.
3 Accessing our site
3.1 You are responsible for making all arrangements necessary for you to have access to our Site.
3.2 You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other applicable terms and conditions from time to time, and that they comply with them.
3.3 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only and we neither make any representations or warranties about nor accept any liability for the content of any such sites. We have no control over the contents of those sites or resources.
3.4 We only use your personal data in accordance with our Privacy and Cookies Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, and giving your consent when required, you agree to such processing and you warrant that all data provided by you is accurate. We will only give your personal data to third parties where the law either requires or allows us to do so or where doing so is in accordance with our Privacy Policy.
3.5 All information on our Site that is aimed at assisting you to list your property (including hints, tips and FAQs) is intended to act as guidance only. It does not constitute any sort of advice and you should not rely on it as advice. You should obtain your own professional advice before taking or refraining from taking any action based on the content of our Site. We make no representation that any of the information on our Site is accurate, complete or up-to-date.
3.6 In submitting details of a property on our Site you represent that you are a bona-fide seller of the property and are listing the property on our Site and otherwise accessing and using our Site in good faith solely with a view to marketing the property and not for any other reason.
4 Your account and password
4.1 In order to submit details of your property to our Site you must complete the registration process. Information you provide on our Site must be complete and accurate. You must not impersonate any other person or entity or use a false name or a name that you are not authorised to use.
4.2 We reserve the right to refuse your application for registration on our Site or to reject details of a property for listing on our Site at our sole discretion and without any requirement on our part to give a reason.
4.3 To access your stored data on our Site, you will need to input your account and password details. You are responsible for keeping those details confidential. If you have concerns about your account details or password know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at help@the-viewing.com.
4.4 By registering as a Vendor you agree to us sending you email correspondence that may feature new products or services offered by us and our affiliates unless you tell us that you do not want to receive this information.
The following sections of these Terms explain the services that we agree to provide (either directly or through third parties) and how these will be paid for.
5 The services
5.1 Once you have registered on our Site and uploaded details of your property, we will email you to confirm whether we have accepted your property on our Site. If we accept your property then will then provide our services to you in accordance with these Terms.
5.2 When you go through the submission process, you will be asked to select a package of pre-specified services (or you can create a bespoke package by contacting us). The package you select will be the package that then applies to your property listing.
5.3 In relation to our pre-specified packages, the service that we will provide to you will be as itemised on the detailed packages section of the Site at the time that you selected the package.
5.4 In relation to our bespoke package, the service that we will provide to you will be as itemised in your Bespoke Package Confirmation that we will send to you once we have agreed the exact scope of your package with you. You must check the Bespoke Package Confirmation carefully and if there is anything that you do not agree with you must let us know within 7 days of the date on which we sent it to you.
5.5 The services set out in the packages section of the Site for your selected package, or as set out in the Bespoke Package Confirmation if you have one, will form part of these Terms and will constitute the "Services” for these purposes.
5.6 Our Site contains a detailed explanation of what each line item listed within the various packages means. Please take careful note of these explanations because they set out exactly the Services that we will provide to you in relation to your property.
5.7 Unless we agree with you otherwise, we may remove your listing after the expiry of a period of 365 days starting on the date on which your listing first appears on our Site. If after this period you wish to renew your listing, contact us at www.the-viewing.com to discuss options. You can contact us at any time and we recommend you do this before the 365 day period expires. We have no obligation to notify you that this 365 day period is about to expire or has expired.
5.8 You may request a temporary suspension of your listing during the 365 period referred to above, during which time we will endeavour to temporarily remove your listing from appearing on the public area of our Site. However any period of suspension will still count towards the 365 day period and we are under no obligation to extend that 365 period in these circumstances.
5.9 There is no limit to the number of properties that you can list on our Site. However you must select and pay for a separate package for each property unless we have agreed with you a Bespoke Package that covers multiple properties.
5.10 You can enhance your selected package through a number of add-on options. See our Site or contact us for details. Please take careful note of these details for any add-on option you select because they set out exactly the Services that we will provide to you in relation to those add-on options. There is no limit to the number of add-on options you can select provided that payment for add-on options (as notified by us to you) is made to us in full and in advance.
6 Pricing and payment
6.1 The price payable by you to us is fixed and will depend on which package you select. We do not charge commission on property sales.
6.2 If you select a pre-specified package, the price payable for the Services will be the price set out next to that package when you select that package.
6.3 If you select a Bespoke Package, the price payable for the Services will be the price we agree between you and us and which is then inserted into your Bespoke Package Confirmation.
6.4 All of our prices for all packages and add-on options are exclusive of VAT and other applicable taxes. If we are required to add VAT or other applicable taxes to the price we will do this at payment stage and you will clearly be able to see the total amount before submitting your payment details.
6.5 The currency for payment is GBP£.
6.6 We may at our discretion require payments to be made via a third party payments provider or by bank transfer to the bank account nominated in writing by us. Where we determine that payment is to be made via our third party payments provider, you must make payment to us in full at the time of submitting the details of your property to our site. Where we ask that payment should be made by bank transfer we will issue you with an invoice which will specify the bank account details for payment. We will subsequently telephone you to verify those details. Please do not send the payment until we have verified the account details with you by telephone.
6.7 As soon as you submit details of your property to our site we will begin to provide the relevant Services in accordance with the package that you have selected. We will start to incur costs and to engage third party providers. For these reasons all payments made by you to us are non-refundable other than where Clause 12.5 applies.
6.8 If you wish to make a change to your submission you must contact us at help@the-viewing.com. We may at our discretion charge a fee for such changes and details of applicable fees from time to time our available on the Site. We will try to process any requests for changes within a reasonable period of time on our Site but are not responsible for any errors or omissions in your submission in the meantime. We cannot guarantee that those changes will be reflected in any printed material or in any advertisement carried by a third party service provider.
7 Services to be provided by us
7.1 In relation to any part of the Services to be provided directly by us rather than a third party, we will use reasonable care and skill in providing that Service.
7.2 We will endeavour to:
(a) publish your submission on our Site within 14 days of the expiry of the “Cooling-Off Period” which is referred to in Clause 12.5 (or sooner if possible); and
(b) book your submission with third party providers as soon as we can after the expiry of the 14 day “Cooling-Off Period” which is referred to in Clause 12.5 (but please note that we are not in control of those third parties and actual publication will occur sometime after we have booked your submission and we cannot guarantee how long publication will take).
7.3 Whilst we will endeavour to provide a reliable service, we do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.
7.4 We are not responsible for the levels of response to any property adverts on our Site or for the price that you are able to obtain for your property.
7.5 We will supply the Services to you until either the Services are completed or your subscription expires or you or we otherwise end the contract in accordance with these Terms.
7.6 We may need further information from you so that we can supply the Services. If you do not give us this information within a reasonable time of us asking for it, or at any time you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Services late or not supplying any part of them if this is caused by you not giving the information we need within a reasonable time of us asking for it.
7.7 We may suspend the supply of services to:
(a) deal with technical problems or make minor technical changes;
(b) update the service to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the service as requested by you or notified by us to you,
but will do what we reasonably can to keep disruption to a minimum.
7.8 Where your package includes the “Pre-qualification Option” (or where you have selected this as an add-on option), we will endeavour to provide you with relevant background information held by us relating to each prospective buyer that request further information about your property or who book a viewing. We are not responsible for the accuracy of any such information and we will only provide any such information to the extent sharing that information with you is permitted by law.
8 Services to be provided by third parties
8.1 We use third parties to provide some elements of the Services. These third parties may include Zoopla, Adgenda Media, Lingo24, foreign portal websites and others selected by us from time to time.
8.2 We will use reasonable care and skill in producing advertisements for your property for publication by third parties, based on the information that you have submitted to us. We will also take actions that are reasonably available to us to try to ensure that third parties provide the elements of the Services for which they are responsible in accordance with the details set out in your package or Bespoke Package Confirmation as applicable.
8.3 However we have no control over third parties and we are not responsible for their acts and omissions. In particular we are not responsible for and have no liability whatsoever for:
(a) any website of any third party being down or unavailable at any time and whether temporarily or permanently;
(b) any printing errors or omissions made by any third party;
(c) any printing failure or delay of any publication;
(d) the positioning of any advertisement, including the page on which it appears;
(e) the nature or appearance of any other content in the same publication or on the same website as the advertisement;
(f) the dimensions of the advertisement whether printed or online;
(g) any other content of a website or publication interfering with the advertisement; or
(h) advertisements appearing on any third party website of whatever nature.
8.4 Where publication of your property on third party websites and printed publications is included in your package, we are not responsible for the level of response.
9 Content and images
9.1 We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
9.2 Once you upload images of your property to our Site, we become the owner of all intellectual property rights in those images. You must ensure that there are no prior copyright restrictions on those images.
9.3 We will use the information and images you upload to the Site at our discretion for advertisements and listings of your property, on our website generally, in social media and in any online, printed or electronic materials.
9.4 We reserve the right and you expressly authorise us to edit the description of your property at our discretion to achieve in our opinion the optimum description of your property (but we will not change the substance of the key information without your consent). We retain full editorial control over all content appearing on our Site and have, at our absolute discretion, the right to make any alteration to the information and images that you submit to us that we consider necessary or desirable in order to perform the Services.
9.5 In relation to the images you upload to the Site, we have the right (and you expressly authorise us) to do any of the following without first gaining your consent:
(a) edit and/or crop images;
(b) remove any data attaching to the images;
(c) select whichever images we feel appropriate at our discretion for the purposes of advertising your property in online, printed and electronic materials;
(d) otherwise make changes that we see fit in order to properly provide the Services to you.
9.6 All written content on our Site and all written and verbal communication with you will be in the English language. All written content in relation to your property must be supplied to us in English.
9.7 Where as part of your selected package we have agreed to provide a translation into another language, this will appear together with the English language content. We will use reasonable care and skill in selecting an appropriate translation service but will not be responsible for checking the translation or for any errors contained within it. Our translation service is likely to involve some editing and re-writing in order to optimise the advertisements in the language in which it is published. We retain full editorial control of this process.
9.8 If the quality or resolution of the photos or images you submit to our Site is not of a sufficient quality we will advise you. If the quality or resolution is not of a sufficient quality the photos will not appear on our Site or on any of our marketing channels, print or online. If the quality or resolution of the photos and images is of a sufficient quality for online and electronic publication the online listing and electronic brochure will be generated however if the quality is not sufficient for print the print brochure and publication advertising will not be possible. No refund will be provided but the print brochure and print advertising opportunity will remain available for the user for 12 months to allow time for you to send us photos and images of a sufficient quality and resolution.
The following sections of these terms explain your responsibilities in providing information to us and in using our Site.
10 Your responsibilites in relation to your property and the information you provide
10.1 We are not an estate agency. We do not verify the property details provided to us by you and make no warranties or representations as to their accuracy or completeness.
10.2 In agreeing to these Terms and in submitting your listing you represent and warrant to us that;
(a) you are a bona-fide seller of the property and are listing the property on our site in good faith solely with a view to marketing the property and not for any other reason;
(b) you have legal ownership of the property being listed;
(c) you have the right to market the property; and
(d) you do not need consent from anybody else to market or sell the property (or if you do need someone else's consent, you have obtained that consent in writing).
10.3 You are solely responsible for ensuring that any information (including images) that you provide in respect of your property are:
(a) provided in good faith;
(b) true, complete and accurate in all respects;
(c) not misleading in any way (including by omission); and
(d) provided lawfully.
10.4 We are not responsible for compliance with any laws in relation to your submission to our Site and your property. You must ensure that in using our Site and our Services you comply with all applicable laws of the jurisdiction in which you are resident, the jurisdiction in which your property is located, any jurisdiction in which your property is advertised (either through the Site or through any third party) and any other relevant jurisdiction.
10.5 You are responsible for providing floor plans, land maps and all other relevant documents and information about your property (for example, energy efficiency certificates) directly to any prospective buyers of your property where these are requested by a prospective buyer or where you are required by laws of any jurisdiction to provide those documents and that information.
10.6 You will indemnify us for any cost, loss or damage we suffer or any liability we owe to, or is claimed against us, by any person as a result of you failing to comply with these Terms, giving us false information or making any false or misleading representation or warranty whether in these Terms or otherwise.
11 Your responsibilities in relation to our site
11.1 We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.
11.2 You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. 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 or, if you are not accessing our Site from within the UK the comparable legislation in the relevant jurisdictions. 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 to the extent permitted by law. In the event of such a breach, your right to use our Site will cease immediately.
11.3 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link to our Site on any website or social media channel that is not owned or operated by you and 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.
11.4 You must ensure that you do not submit any offensive, inappropriate or unlawful content to our site.
11.5 Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page.
11.6 We reserve the right to withdraw linking permission without notice.
11.7 If you wish to make any use of content on our Site other than that set out above, please contact us at help@the-viewing.com.
12 Withdrawing your property listing
12.1 You may notify us at any time that you wish to withdraw your property listing. If you sell your property you must tell us. To do this you must send an email to us at help@the-viewing.com or use the appropriate function on your account dashboard.
12.2 If you tell us you wish to remove your listing or if you tell us you have sold your property, we will endeavour to remove your listing from our Site within a reasonable period of time. We will also not instruct any new publication with any third party provider and will ask any third party provider through with your property is advertised to withdraw that listing.
12.3 We are not responsible for the time it takes for a third party to withdraw your property from their site or for any printed or third party advertisement that has already been commissioned at the time you give us notice that you wish to withdraw your submission.
12.4 Our fees are non-refundable, including where you tell us you wish to withdraw your submission, unless Clause 12.5 applies. This does not affect your statutory rights.
12.5 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the "Regulations"), contracts entered into off-premises or at distance are subject to a ‘cooling-off period’ whereby you have the right to cancel the contract within a 14 day period, starting the day after the day on which the contract was made, which is the date these terms and conditions are agreed (this is the "Cooling-Off Period"). Where contracts are cancelled within the Cooling-Off Period you will be entitled to a refund of payments already made. We may, however, make certain deductions from the amount that we refund to you including but not limited to:
(a) a proportion of the total price that appropriately reflects the Services supplied up to cancellation; and
(b) any irrecoverable costs incurred in engaging third parties (for example, in booking advertising space in third party publications);
(c) costs incurred in processing your payment to us.
12.6 We will not normally have any obligation to arrange for your property to be published on third party websites or otherwise begin providing the Services until the Cooling-Off Period has expired. If you specifically ask us to provide Services during this Cooling-Off Period we may at our discretion agree to do so but please note in these circumstances that we will be entitled to make the deductions set out at Clause 12.5 from any refund which might later become payable to you under the Regulations. If you wish either to cancel the contract or ask us to start to provide the Services during the Cooling-Off Period you must, within the Cooling-Off Period, contact us by email at help@the-viewing.com.
12.7 Refunds will be made in GBP£.
13 Our right to end the contract
13.1 We may end the contract at any time by writing to you if:
(a) you do not comply with these Terms or any part of them;
(b) you have given us false information or you made any false or misleading representation or warranty (whether in these Terms or otherwise);
(c) your property listing is unlawful in any jurisdiction; or
(d) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services.
13.2 If we end the contract in accordance with this Clause no amount of our fees will be refundable.
14 Limitations on our responsibility for loss or damage suffered by you
14.1 We are not liable to you for any indirect, consequential, special or incidental losses, any loss of profit, any loss of a bargain, any loss of goodwill or for any liability for loss of or unauthorised reproduction of data or for any error or omissions in any property listing, brochure, advertisement or other communication whether in print, electronic or online. We are also not responsible for the price you are able to obtain by selling your property on our Site. Our maximum liability to you in respect of each listing is limited to the fee actually received by us from you for our Services.
14.2 Nothing in these Terms excludes or limits our liability in case of our fraud, fraudulent misrepresentation or gross negligence, for death or personal injury arising from our negligence, or any other liability that cannot be excluded or limited by English law.
14.3 We are not responsible for and have no liability for any fraud or fraudulent misrepresentation or malicious communication of or by any third party (including any prospective purchaser of your property) or for any loss or damage to person or property caused by them.
15 Complaints about our service
15.1 If you have a complaint about any aspect of our Service you should contact us at help@the-viewing.com. We will aim to respond to your complaint as soon as possible after we have received it.
16 Other important terms
16.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If we do ever transfer this agreement, we will tell you how to tell us about termination.
16.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
16.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
16.6 The terms are governed by English law. Both you and us agree that any proceedings brought under these Terms will be subject to the non-exclusive jurisdiction of the English courts.
16.7 Any changes we make to these Terms in future will be posted on this page. These Terms were last updated on 24th May 2016.
