These are the General Terms and Conditions for using our Site www.keaze.com and related services (collectively, “Our Services”). Before using Our Services it is important that you read and understand these General Terms and Conditions (“Terms”) in full. If you are unsure of the meaning of any of these Terms, please contact us to discuss your query before using Our Services.
Capitalised terms have special meanings, as do ‘you’, ‘your’, ‘we’, ‘us’, and ‘our’. Their corresponding definitions will either appear in quotation marks within these Terms, or will appear in the definitions section at the end.
1. About Keaze
1. Our Service is operated by Keaze Ltd. We are a company registered in the United Kingdom under company number 11020692 and our registered address is Balfour House, 46-54 Great Titchfield Street, London W1W 7QA. Our VAT number is 285756943.
2. We provide estate agency services to individuals and businesses to facilitate property sales in the United Kingdom (excluding Northern Ireland).
3. We are a member of The Property Ombudsman scheme and follow The Property Ombudsman Code of Practice for Residential Estate Agents, which is available to view on www.tpos.co.uk. We are also registered with The Property Ombudsman’s Approved Estate Agents Redress Scheme.
2. Our Site Content
1. We may update Our Site from time to time and change the content at any time. However, content on Our Site may be out of date at any given time, and we are under no obligation to update it.
2. We do not guarantee that Our Site, or any content on it, will be free from errors or omissions. We reserve the right to correct any errors from time to time.
3. Content is provided for your general information purposes only and to inform you about us and our products and news, features and services. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
3. Accessing Our Site
1. We will make reasonable efforts to ensure that Our Site will be available at all times. However, we cannot guarantee that Our Site or any content on it will always be available or that access to it will be uninterrupted. 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.
2. We reserve the right to disable access to Our Site to any user at any time if in our reasonable opinion you have failed to comply with any of the Terms laid out.
4. Creating an account
1. You warrant and undertake that your access to Our Site is for the purposes of marketing and selling your property, or, in the case of prospective purchasers, for contacting sellers with the intention of viewing or making an offer on their property. Use of Our Site for any other purpose is strictly forbidden and we reserve the right to pursue any legal action(s) available for unauthorised use of Our Site.
2. To register on Our Site you must be over eighteen years of age.
3. Information you provide:
When you register we ask you to provide information about yourself, such as your name, address, telephone number and email, and you agree that we and/or our agents may use such information as part of our verification process. This process may include (without limitation) bankruptcy and County Court Judgement identity verification checks (which will not affect your credit rating), as well as Land Registry searches relating to your property (as applicable).
The information you provide must be true, accurate and up-to-date, and by submitting the information, you agree to us or our agents carrying out any such checks. Should any of your registration details change, please log in to your account to make the required changes, or notify us using the contact details below.
We are committed to protecting your privacy. All personal information given to us will be handled in accordance with the Data Protection Act 2018 and the General Data Protection Regulation (GDPR) (EU) 2016/679. For further information, please see our Privacy Policy.
4. Security
On registration you will be required to supply a valid email address (and other contact details) and create a password to access your account.
You agree to maintain the security and secrecy of your account login details at all times. You must keep your password secure and not disclose, or share, it with anyone. If you know or suspect that someone else has access to your password, you should log in to your account and change your details. If this is not possible, you should contact us immediately. We reserve the right to change your password if we believe that it is no longer secure.
You further agree that we have exercised reasonable skill and due care in providing access to Our Site, and we shall not be responsible for any losses arising out of the unauthorised use of your account.
If you forget your password, or wish to update it, you may email contact@keaze.com
5. Cancelling your account:
For information on how to close your account and/or details removed please review our Privacy Policy.
5. Complaints Procedure
1. Please email contact@keaze.com for details of our complaints procedure.
6. User Content
1. You shall not submit or upload any content or information or link any other material onto Our Site which will or in our reasonable opinion is likely to:
Promote violence or physical harm;
Be likely to harass, upset, embarrass, alarm or annoy any other person;
Be offensive, threatening, obscene, or hateful;
Be defamatory or libellous of any person;
Promote any illegal activities
Be threatening, abuse or invade another’s privacy or cause annoyance, inconvenience or needless anxiety;
Infringe any copyright, database right or trademark of any other person;
Promote or contain information that you know or believe to be inaccurate, false or misleading;
Deceive any person;
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
2. You warrant that when you make use of any feature of Our Site that allows you to upload content to Our Site, or to make contact with other users of Our Site, you must comply with the content standards of this section. You will be liable to us and indemnify us for any breach of that warranty, meaning that you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
3. We have the right to remove any posting you make on Our Site if, in our opinion, your post does not comply with the content standards of this section. You will not try and re-post the content if removed by us.
4. If we, in our sole and absolute discretion, consider that you have breached any of the terms set out in this section, we reserves the right to take any action that we deem to be necessary, including without limitation, the termination (without notice) of your use of and access to Our Site; and in the case of illegal use, the instigation of legal proceedings, as appropriate. You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us pursuant to any content posted by you which is defamatory, offensive or illegal and constitutes a breach of any applicable law, regulation or code of practice.
7. Content licence
1. Any content which you post or upload to Our Site will be considered non-confidential. You hereby grant to us a non-exclusive, royalty-free, perpetual, and irrevocable licence to store, reproduce and edit any such content for any purpose(s) we see fit.
2. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to Our Site constitutes an infringement of their intellectual property rights, or of their right to privacy.
3. We may use information about your property to promote our Services, including images and status. Only information that is publicly available will be used in this regard. For example, we may use the status of a Sold property to promote our presence in your local area through Direct Mail or Email. If you would prefer that we did not use your property information in this way, please email contact@keaze.com or notify your Local Property Expert.
4. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted or uploaded by you or any other user of Our Site.
8. Accessing your personal information and content
1. You acknowledge and agree that we may, without liability to you, access, use, preserve and/or disclose your account information and any content uploaded onto Our Site to law enforcement authorities, government officials, and/or third parties, as we believe is reasonably necessary or appropriate, if legally required to do so or if we believe that such access, use, preservation or disclosure is reasonably necessary to comply with legal process, or protect us, our users or any third party, as permitted by law.
9. Intellectual Property Rights
1. We are the owner or licensee of all intellectual property rights on Our Site. You may not use, copy, reproduce, display, distribute or pass off such intellectual property without written permission from us.
10. Disclaimer
1. You agree that your use of Our Services shall be at your sole risk and that we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
Use of, or inability to use, Our Services; or
Use of or reliance on any content displayed on Our Site.
2. Nothing in these Terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
3. You agree not to use Our Site for any commercial or business purposes, and we will have no liability to you for any loss of profit, loss of business, loss of contracts, business interruption, or loss of business opportunity.
4. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our Site or to your downloading of any content from it, or any website linked to it.
5. We assume no responsibility for the content of Partner Sites or any websites linked on Our Site. Such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
6. Any content on Our Site is not intended to be advice on which you should rely. You should obtain professional advice before taking any action on the basis of the content Our Site.
7. We reserve the right to update and make changes to any content, including products or bundles and fees quoted on Our Site at any time without prior notice to you. Content quoted on Our Site is the most up to date information, including the fees for our services. In the event of any discrepancy in content or discrepancy in regard to the fees published, the content published on Our Site will take precedence over any other publication or communication between Keaze or a Local Property Expert and you. This includes any communications from any of our Partner Sites. Please notify us if you become aware of any discrepancy in the pricing of our fees.
11. Changes to our General Terms and Conditions
1. Any changes we make to our General Terms and Conditions will be posted on this page on Our Site and dated. We reserve the right to vary these General Terms and Conditions from time to time. It is your responsibility to check Our Site and these Terms and Conditions frequently for any changes. By continuing to use Our Site and the Services you agree to any such updated terms and conditions.
2. If you hold an account to Our Site and we make material changes to our General Terms and Conditions, you will be notified by email.
12. Jurisdiction
1. This agreement is subject to English law and the exclusive jurisdiction of the courts of England and Wales.
Definitions
In these General Terms and Conditions the following words and phrases shall, unless the context otherwise requires, have the following meanings:
‘Local Property Expert’
means the person(s) licensed by us to conduct Market Appraisals, Accompanied Viewings (as more specifically set out in the section headed ‘Bolt-on Services and Bolt-on Products’) and other related services in respect of the Property;
'Property'
means the residential property in the United Kingdom (Excluding Northern Ireland) that you have asked a Local Property Expert to appraise or have instructed us to advertise for sale;
'Purchaser’
means the person(s) purchasing the Property;
'Seller’
means the owner(s) of the Property or the person(s) who is entitled to sell the Property; ‘we’, ‘us’, ‘our’ means Keaze Limited.