TERMS AND CONDITIONS 

INFORMATION ABOUT US

Vencasa ltd. with company registration number 13112429 of Fulford House, Newbold Terrace, Leamington Spa, Warwickshire, United Kingdom, CV32 4EA (“we”, “us”, “our”) is a limited liability company registered in England. Our contact email is [email protected].

We operate a website at https://www.vencasa.co.uk; https://www.vencasa.com and any subdomains (“Website”) where we provide some users with the option to sign up and offer their house for sale (“Sellers”) and other users to browse and send communicate with Sellers about the house (“Users”) being the services we offer (“Services”).

By continuing to use our Website and/or requesting our Services, you acknowledge and agree to comply with these terms (“Terms”).

TERMS OF USE

We may make changes to these Terms to reflect the way we operate the Website or our business from time to time and will take reasonable steps to bring any material changes to your attention. 

If you do not agree to any changes made to these Terms, you must cease using the Website and our Services. Every time you access the Website and our Services, the Terms in force at that time will apply to your use of the Website.

OUR SERVICES

We provide a platform for Sellers to list their house for sale and Users to browse and contact Sellers, as further detailed on our Website. 

In accordance with the Consumer Rights Act 2015, we shall provide the Services with reasonable care and skill. However, you acknowledge and agree that we cannot guarantee that our Services are the appropriate service for your requirements.  

Our Services are not intended for children under the age of 13 and we do not knowingly collect any data from children.

SIGN UP 

For Users, you can browse the Website without signing up however, you will need to sign up for an a free account in order to contact a Seller to ask questions, book viewings and to make an offer (“User Account”).

For Sellers, you will be able to follow the onscreen prompts on our Website to sign up for a free account (“Seller Account”), to be able to list a property for sale (“Listing”). 

Our Service request process allows you to check and amend any errors before submitting your request to us. Please check the request carefully before confirming it. You are responsible for ensuring that your request and any specification submitted by you is complete and accurate. 

Sellers will be charged a fee for listing their property for sale on the Website according to the package they choose, further details can be found on the Website (“Listing Fee”). You will be asked to provide customary billing information such as name, billing address, and credit card information either to us or our third-party payment processor Stripe. You hereby authorise the collection of such Listing Fees by charging the card provided as part of your sign-up process. You acknowledge and agree that each property you list shall incur a separate Listing Fee and you must not substitute the details of another property to an existing Listing once the previous property was sold. 

YOUR OBLIGATIONS

You acknowledge and agree that you shall at all times provide us with accurate and correct information and keep us updated in respect of any changes in the information you provide to us. 

Sellers should only upload details, photos and material that belongs to them and that are true and accurate in every way. Sellers must also obtain an Energy Performance Certificate for the property, via the Website, before they accept an offer from a User.

We encourage Sellers and Users to communicate promptly, courteously and professionally, however we cannot be held responsible for any comments or communication made between the parties.

Neither Users nor Sellers should take on any work that could classify them as an estate agent.

We will use reasonable efforts to:

• delete accounts which are being used in an inappropriate manner or in breach of these Terms; and
• identify and remove any content that is inappropriate, defamatory, infringes intellectual property rights or is otherwise in breach of these Terms

If you believe that any content which is distributed or published by the Website is inappropriate, defamatory or infringing on intellectual property rights, you should contact us immediately using the contact details at the top of this page.

BULLETIN BOARDS, CHAT ROOMS AND OTHER INTERACTIVE SERVICES

We may make bulletin boards, chat rooms or other communication services (“Interactive Services”) available on the Website.

We are not obliged to monitor or moderate any text, images, video, audio or other multimedia content, information or material (“Submission”) submitted to our Interactive Services. Where we do monitor or moderate Submissions we shall indicate how this is performed and who should be contacted in relation to any Submission of concern to you.

We may remove or edit any Submission to any of our Interactive Services whether they are moderated or not.

By making a Submission, you grant to us a royalty-free, irrevocable, non-exclusive, transferable licence to use, reproduce, modify, publish, edit, translate, distribute, perform and display the Submission (in whole or in part) on the Website, and on any other websites operated by us, indefinitely.

SUBMISSION STANDARDS

Any Submission you make to our Interactive Services and any other communication to users of our Website by you must conform to standards of accuracy, decency and lawfulness, which shall be applied in our discretion, acting reasonably.

In particular, any Submission or communication by you must be:

• your own original work and lawfully submitted;
• factually accurate or your own genuinely held belief;
• provided with the necessary consent of any third party;
• not defamatory or likely to give rise to an allegation of defamation;
• not offensive, obscene, sexually explicit, discriminatory or deceptive; and
• unlikely to cause offence, embarrassment or annoyance to others.

DATA PROTECTION

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

DISCLAIMERS AND OUR LIABILITY TO YOU

We reserve the right to remove any Listing that is, in our sole discretion, inappropriate or incorrect. We also reserve the right to disable any account should we believe in our sole discretion that you have breached these terms and conditions for whatever reason.

You acknowledge and agree that we shall not be held responsible or liable for any results that may or may not arise as a result of our Services. 

Nothing in these Terms shall exclude or limit our liability for:

• personal injury or death resulting from our negligence;
• fraud or fraudulent misrepresentation; or
• any other liability the exclusion or limitation of which is not permitted by applicable law or regulation.

Subject to these Terms, our total liability to you shall be limited to the Fees you pay. 

ACCESS TO WEBSITE 

The Website is for your personal and non-commercial use only.

You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Website.

We grant you a limited, non-exclusive, non-transferable and revocable licence to access this Website and its content. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis and we may suspend access to the Website, or any part of it, without notice where we are required to do so by any applicable law or where the Website is unavailable through no fault of our own. 

You will not access or use the Website except for its intended purpose and will not attempt to:

• gain unauthorised access to, make unauthorised alterations to, or introduce any kind of malicious code to the Website by any means;
• reverse engineer or decompile (whether in whole or part) the Website or any software available through it;
• make copies, modify, reproduce, transmit, alter or distribute all or any part of the Website or any material or information contained in it, other than as permitted by law;
• use the Website for any purpose that is unlawful under any applicable law; or
• use the Website to commit any act of fraud.

EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control (“Event Outside Our Control”). 

If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:

• we will contact you as soon as reasonably possible to notify you; and
• our obligations under our contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. 

INTELLECTUAL PROPERTY RIGHTS IN OUR WEBSITE

All content published, displayed or performed on this Website (including, but not limited to text, lists, directories, graphics, photographs, images, illustrations, drawings, audio clips, video clips, interactive applications and search features) (“Website Content”) is protected by copyright, trade marks, database right and other intellectual property rights, which are owned or controlled by us or our third party licensors and content providers. 

ADVERTISING ON OUR WEBSITE

This Website may contain advertising. By using this Website and the various services which we make available through this Website, you agree that:

• we may place such advertising on this Website; and
• such advertising may be targeted to the content of the information on this Website, information on user profiles or other information which we may hold about you.

The manner, mode and extent of advertising on this Website is subject to change without notice.

The advertisers are responsible for ensuring that material submitted for inclusion on this Website complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in any advertising material.

INDEMNITY 

You agree to indemnify and hold us and our affiliates, officers, employees, agents, partners and licensors harmless from any losses, costs, liabilities and expenses (including reasonable lawyers’ fees) relating to or arising out of: (a) your violation of the Terms; or (c) your violation of any applicable laws, rules or regulations. 

We reserve the right, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defences.  

NON-SOLICITATION

You shall not, without our prior written consent, at any time from the date of this agreement, solicit or entice away or employ or attempt to employ any person who is, or has been, engaged as an employee, consultant or subcontractor by us in the provision of the Services, nor shall you try and circumvent us by soliciting the Services without going through our order process.

DISPUTES

We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the Services we have provided or any other matter, please contact us as soon as possible using the contact details set out at the top of this page.

LAW

These terms are governed by the law of England and you can only bring legal proceedings in respect of the Services in the courts of England.