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Terms and Conditions - Remove The Middleman
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Terms and Conditions

This page (together with the documents referred to on it) tells you the terms and conditions (“Terms and Conditions”) on which we supply the services on our website www.removethemiddleman.com (“Website”). Please read these terms and conditions carefully before ordering or using services displayed on our Website. You should understand that by ordering or using any of our services, you agree to be bound by these Terms and Conditions.

You should print a copy of these Terms and Conditions for future reference.

Please click on the button marked "I Accept" at the end of these Terms and Conditions if you accept them. Please understand that if you refuse to accept these Terms and Conditions, we will not be able to provide you with the services displayed on our Website.

TERMS AND CONDITIONS

1. INFORMATION ABOUT US: We are Remove The Middleman Limited (“we,” “our,” “us”), and we operate www.removethemiddleman.com (“Website”). Our registered office is 49 Topmast Point, The Quarterdeck, London, E14 8SN. We are registered in England and Wales under company number 08095520.

2. AVAILABILITY: By browsing the Website, registering on the Website or posting information on the Website you warrant that: (a) you are legally capable of entering into binding contracts; (b) you are at least 18 years old; and (c) you are resident in the United Kingdom or Northern Ireland (e) By browsing the Website, registering on the Website or posting information on the Website, you accept our Terms and Conditions.

3. HOW THE CONTRACT IS FORMED BETWEEN US: (a) You may browse and use the limited services available on our Website as an unregistered user. If you use our Website as an unregistered user a contract is formed on your first visit to the Website. (b) To use our Website and services as a buyer or seller of properties, you need to register your details with us using our online registration form. The information that you provide to us will be processed by us in accordance with our Privacy Policy. (c) By completing our online registration form you are applying to use our services and become a registered user. (d) Once your online registration form is completed and submitted, we will verify your email address and send to you a verification email. (e) You will need to follow the instructions set out in the verification email to activate your registration. (f) When you complete the online registration form you will create a username and password. You must keep the username and password confidential and they should only be used by you. Any unauthorised use of your username and password should be notified to us promptly in accordance with clause 14. (g) A contract is formed once you verify your email address in response to our verification email. (h) We reserve the right to reject your application to become a registered user. (i) We also reserve the right to terminate your status as a registered user with us and block your access to our Website or services (wholly or in part) should you breach any of these Terms and Conditions. (j) You may terminate your contract with us as a registered user by following our cancellation process and ceasing use of our Website and services.

4. YOUR OBLIGATIONS: You hereby warrant that: (a) information provided to us or uploaded by you on the Website is true, correct and accurate at all times; (b) any changes or corrections to the information entered by you on the Website will be updated by you; (c) you act on your own behalf and not as an agent or representative of someone else, whether as a registered or unregistered user.

5. OUR SERVICES: (a) We will reasonably endeavour to provide registered and unregistered users access to the Website and our services. (b) We reserve the right to remove any information you upload to our Website at our reasonable discretion. (c) We also reserve the right to make changes to our Website or services and notice will be provided to you in accordance with clause 14. (d) We reserve the right to change our fees displayed on our site or communicated to you at our discretion. (e) We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control.

6. RISK: (a) All property information provided through the Website is user generated and Remove The Middleman Limited is not an estate agent; (b) we will not be responsible for, or guarantee, the accuracy, validity or suitability of any data uploaded by registered users; (c) any use or reliance on information relating to user generated information is done so at your own risk and you are responsible for verifying the accuracy, correctness, validity or suitability of the information provided; (d) we accept no responsibility for the verification of information on properties advertised by registered users and we strongly advise that independent legal and financial advice should be sought before entering into a contract or incurring any type of expenditure; (e) we provide a platform to bring together buyers and sellers of property. We are not estate agents and we do not accept any liability to you or any third party for the content advertised on the Website or any negotiations between users whether registered or unregistered; (f) we owe no liability to you or any third party in respect of but not limited to The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007, the Estate Agents Act 1979 and the Home Information Pack Regulations 2007.

7. REGISTERED AND UNREGISTERED USERS: (a) We are not a party to correspondence, dealings, negotiations, meetings, contracts and transactions between you and other registered and unregistered users. (b) As a registered user you may advertise on our Website. (c) Any property advertisements uploaded will appear on the Website for a maximum of 90 days unless renewed or an earlier removal request is submitted via our Website and received by us. (d) If you are a registered user advertising or providing data or information on the sale or rent of your property the following additional terms apply:

  1. (i) You grant us a worldwide irrevocable and non exclusive licence to publish, advertise, remove and edit information you upload (including without limitation photographs) on our Website and relating to your property;
  2. (ii) You warrant that all information relating to the property you wish to sell or let is provided in accordance with the format as set out on our Website;
  3. (iii) You warrant that you are the legal and equitable owner of the property which is advertised on our Website;
  4. (iv) You warrant that you own the copyright in any photographs you upload on the Website;
  5. (v) You warrant that you will not upload any material which is racist, threatening or abusive, sexually explicit, pornographic or offensive in nature;
  6. (vi) You warrant that you will comply with all relevant legislation in respect of a property advertised on our Website, including but not limited to The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007, the Estate Agents Act 1979 and the Home Information Pack Regulations 2007;
  7. (vii) You also warrant that all information and data you provide is true and accurate;
  8. (viii) You warrant that any material change to the description of the property advertised by you on our Website will be amended by you promptly;
  9. (ix) You warrant that any payment for featuring your property shall be made in full prior to advertising on our Website; and
  10. (x) You accept that should you breach any of the Terms and Conditions under clause 7, we reserve the right to terminate your registration with us and block your access to our Website or services (wholly or in part) and remove your advertisement. We also reserve the right to take all other necessary action should you breach clause 7.

8. PRICE AND PAYMENT: (a) The price of featuring your property will be the price set out on the Website, unless there is an obvious error. (b) Prices can change at any time, but any price changes will not affect adverts already uploaded and paid for. (c) Payment must be made in full prior to your advertisement being uploaded on our Website and will remain for the duration paid for and specified; (d) we reserve the right to remove your advertisement if payment is not made in accordance with this clause; and (e) We accept payment with any of the companies set out in our check out area.

9. INTELLECTUAL PROPERTY: Nothing in these Terms and Conditions permits you or gives you licence to use any trade marks of Remove the Middleman Limited including without limitation Remove The Middleman and You may not copy, reproduce or edit any information made available to you on the Website.

10. DATA PROTECTION: Your personal information and details will be protected in accordance with our Privacy Policy

11. WEBSITE LINKS: We may provide links on our Website to the website of other companies, whether affiliated with us or not. If you click on a link that takes you to the website of other companies, you will be subject to the terms and conditions, privacy policy and terms of use of the websites of those other companies. We cannot give any assurance or undertaking concerning: your use of the websites of other companies; any details that you submit on websites of other companies; and/or, any purchase that you make from the websites of other companies.

12. LIABILITY:

If we fail to comply with any of the provisions of these Terms and Conditions:

  1. (a) We will only be responsible for direct losses suffered by you which were a foreseeable consequence of our failure to comply with the relevant provisions of these Terms and Conditions.
  2. (b) We will not be responsible for any indirect losses including, but not limited, to:
    1. (i) Loss of income or revenue;
    2. (ii) Loss of business;
    3. (iii) Loss of anticipated savings;
    4. (iv) Loss of profit;
    5. (v) Loss of data;
    6. (vi) waste of time;
    7. (vii) loss of opportunity; and
    8. (viii) loss of enjoyment;
  3. (c) We are not in this paragraph 12 limiting our liability for:
    1. (i) Death or injury caused by our negligence;
    2. (ii) Fraud or fraudulent misrepresentation; or
    3. (iii) Any breach of any obligations implied by relevant statutes and law the exclusion of which will be illegal.
  4. (d) We will not be responsible for any goods or services, contracts or business transactions that you may enter into with third parties including other registered and unregistered users.

13. WRITTEN COMMUNICATIONS: Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail provided during registration or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

14. NOTICES: All notices given by you to us must be sent through our contact form. Notices by us to you will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed or sent in the post, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee and in the case of notice posted on our Website the date on which that notice was posted.

15. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS: (a) We have the right to revise and amend these Terms and Conditions from time to time. (b) You will be subject to the policies, Terms and Conditions and Terms of Use in force at the time a contract is formed with us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to property advertisements previously placed by you).

16. THIRD PARTIES: (a) Our contractors, representatives, agents, employees and suppliers may rely on the limitations set out in these Terms and Conditions. Other than the exception set out in the preceding sentence, a person who is not a party to this contract will not have any rights under or in connection with these Terms and Conditions under the Contracts (Rights of Third Parties) Act 1999. (b) We may transfer, assign, charge, sub-contract or otherwise dispose of a contract or any of our rights or obligations arising under it at any time and without notice to you.

17. WAIVER: If we fail, at any time whilst these Terms and Conditions are in force, to insist that you perform any of your obligations under these Terms and Conditions, or if we do not exercise any of our rights or remedies under these Terms and Conditions, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we waive a default by you that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of the provisions of these Terms and Conditions shall be effective unless we expressly say that it is a waiver and we tell you so in writing in accordance with clause.

18. SEVERABILITY: If any court or competent authority decides that any of the provisions in these Terms and Conditions are invalid, unlawful or unenforceable to any extent, that provision will to that extent only, be severed from the remaining Terms and Conditions which will continue to be valid to the fullest extent permitted by law.

19. ENTIRE AGREEEMENT: (a) We intend to rely on these Terms and Conditions, our Privacy Policy and Website Terms of Use in relation to the subject matter of these Terms and Conditions. Please make sure that you ask for any variations from these Terms and Conditions to be confirmed in writing. (b) Each of us acknowledges that, in entering into these Terms and Conditions, neither of us has relied on any representation, undertaking or promise given by the other, whether express or implied, unless that representation, undertaking or promise is set out in this contract. (c) These Terms and Conditions represent the entire agreement between us.

20. LAW AND JURISDICTION: These Terms and Conditions, its formation and the supply by us to you of any services on our Website will be governed by English law. Any dispute or claim arising in connection with the supply by us to you of our services, the formation of this contract or any non-contractual dispute will be subject to the exclusive jurisdiction of the English courts.