Terms of Service
Published: 7 August 2015
Who we are
Homey Technologies Limited (whose registered office is at 71-75 Shelton Street, Covent Garden, London WC2H 9JQ) (“movehomey”, “we”, “our” or “us”) provides an online platform that connects property owners who have properties to let (the “Property Owners”) with tenants seeking to rent such properties (the “Tenants”), using technology to make moving to and managing such properties simple, affordable and human (the “Services”). The Services are available at movehomey.com and any other websites through which movehomey makes the services available (collectively the “Site”).
YOU UNDERSTAND AND AGREE THAT HOMEY IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PROPERTY OWNERS AND TENANTS, NOR IS HOMEY A PROPERTY OWNER, AGENT OR INSURER. HOMEY HAS NO CONTROL OVER THE CONDUCT OF PROPERTY OWNERS, TENANTS AND OTHER USERS OF THE SITE AND SERVICES OR ANY LISTINGS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Use of the Site
By using the Site, you acknowledge and agree to be legally bound by these terms of service (the “Terms”), whether or not you become a register user of the Services. You acknowledge and accept that these Terms govern your access to and use of the Site and the Services, as well as your participation in the Referral Programme (defined and detailed below), and constitute a binding agreement between you and movehomey.
Certain areas of the Site, as well as your access to or use of certain components of the Services, may have different terms and conditions and may require you to accept those terms and conditions before continuing to use those aspects of the Services. In the event that there is any conflict between these Terms and the terms and conditions made available for certain areas of the Site or the Services, the latter terms and conditions will take precedence over these Terms.
The Site and the Services may only be used by individuals who are at least 18 years old. Unfortunately, access to the Site and the Services is strictly prohibited for individuals who are under 18 years of age. By accessing and using the Site, you warrant that you are at least 18 years old.
How the Site and the Services Work
As stated above, movehomey provides an online platform to help Property Owners rent out their properties to Tenants looking to find their new home. Property Owners may create a listing on the Site which sets out the details of the property they are seeking to rent out to Tenants including, but not limited to, the location, size, features and description of the property, including the number of bedrooms and bathrooms, as well as the rental price (“Listings”). Listings will be displayed as search results once a movehomey Member has conducted a search on the Site specifying certain property details as being of interest.
We use technology to facilitate rental property transactions between Property Owners and Tenants, making such transactions affordable, simple and human. movehomey also uses technology to help Property Owners and Tenants easily manage and maintain their respective properties.
The Site can be used to facilitate the Services described above. You may search for and view Listings as an unregistered visitor to the Site and Services, however, if you wish to book a viewing for a particular Listing, save that Listing to your “wish list” or create a Listing to be published on the Site, you must register to create a movehomey Account (defined and detailed below).
For the avoidance of doubt, movehomey is not an owner or operator of any properties and movehomey does not own, sell, lease, sub-lease, furnish or provide any properties. In instances where the property owner has registered for a Managed Listing (defined and detailed below), movehomey will be responsible for managing the property in question as detailed in the specific terms and conditions for that aspect of the Services (detailed below), but in all other instances, movehomey will not be responsible for managing any properties.
Creating an Account with movehomey
In order to access certain features of the Site and Services, you must register to create an account with movehomey (“movehomey Account”). Visitors who create a movehomey Account will become a “movehomey Member”. Only movehomey Members can book a viewing in respect of a Listing and add a Listing to their wish list. It is also necessary for Property Owners to become a movehomey Member before they can create a Listing and publish it to the Site.
As a Property Owner, you may create Listings, which will be published to the Site, providing Tenants with the opportunity to rent your property based on the information provided. In order to create a Listing, you will be asked a variety of questions about the property to be listed, including, but not limited to, the location, size, features and description of the property, including the number of bedrooms and bathrooms, as well as the rental price and other financial terms for that property. All Listings must have a valid physical address in order to be made publically available via the Site.
If you are a Property Owner, you represent and warrant that you own the freehold or the leasehold of the property and that, by creating a Listing on the Site, you are not in breach of any third party rights and that your Listing does not breach any agreements that you may have with third parties with respect to the property in question. Please note that movehomey assumes no responsibility and bears no liability for any infringements to third party rights caused by the creation of a Listing on the Site. movehomey reserves the right, without prior notice and at its sole discretion, to remove any Listing from its Site which is in breach of these Terms or which movehomey, in its sole discretion, reasonably believes to be objectionable or harmful to the Site, the Services or other movehomey Members. Property Owners acknowledge and agree that they are responsible for any and all Listings they create on the Site.
If you are a Property Owner, you acknowledge and agree that once a movehomey Member has paid a Holding Deposit (defined and detailed in the “Payment of Holding Deposits” section below) in respect of a particular Listing, you may not require the movehomey Member to pay a rental price higher than that quoted in the Listing. In the event that you, the Property Owner, are satisfied with the results of any verification checks undertaken by movehomey and accept the movehomey Member(s) as a Tenant/Tenants, the rental price quoted in your Listing will be incorporated into an Assured Shorthold Tenancy Agreement (“AST”) generated by us.
For Property Owners, movehomey provides a number of tools to help you make informed decisions about which movehomey Members you chose to confirm as your Tenant. You acknowledge and agree that, as a Property Owner, you are responsible for your own acts and omissions in confirming your Tenant/Tenants. movehomey does not make any recommendations about, confirm or endorse any Tenant or the results of any verification checks, which are for illustrative purposes only.
Property Owners have the express right to select Tenants based on the results of any verification checks undertaken by movehomey. Both Property Owners and Tenants acknowledge that any AST entered into is solely between the Property Owner and those movehomey Members which the Property Owner is accepting as Tenants, and that movehomey is not a party to any AST, or any other agreement, between Property Owners and Tenants.
movehomey may offer Property Owners the choice of having photographers attend their property to take photographs for their Listing. If you, as a Property Owner, choose to have a photographer attend your property, the photographs that are taken will be made available to you with a small watermark or tag indicating that movehomey verifies the content of that image (“Verified Images”). Any and all images created by photographers provided by movehomey, including Verified Images, are the property of movehomey, regardless of whether they are included in your Listing.
movehomey does not endorse any movehomey Member, Localhomey or Property Owner. While movehomey has built technology to thoroughly and efficiently verify the identities and profiles of movehomey Members, including Property Owners, we do not make any representations about, confirm or endorse any movehomey Member or their purported identity or background. The information provided through any verification checks conducted by us are intended to provide you, as a Property Owner, with useful information about movehomey Members that informs your decision as to whom you contract with via the Site and Services. movehomey will not be liable for any false or misleading statements made by any movehomey Member, Tenant, Property Owner or Localhomey.
While we conduct extensive vetting and background checks on Localhomeys, we cannot guarantee that a Localhomey is who they claim to be and, as such, movehomey cannot and does not assume responsibility for the accuracy or reliability of identity or background check information.
movehomey does not endorse any Listing published to the Site. Property Owners are required by these Terms to provide accurate information in a Listing and, although movehomey may undertake additional verification procedures to determine the identity and background of movehomey Members, including Property Owners, we cannot and do not assume responsibility for any representations made by Property Owners in Listings. Further, you understand that any Verified Images are a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by movehomey of that Listing.
Rental and Financial Terms for Property Owners and movehomey Members
Rental Price of Listing
When uploading a Listing to the Site, Property Owners will be required to set a rental price per calendar month for that Listing (the “Rental Price”). The Rental Price will be displayed prominently on each Listing and will be visible to all movehomey Members. Please note that you, as a Property Owner, can change the Rental Price at any time through your personal Hub, provided that such changes occur prior to the successful payment of a Holding Deposit (defined and detailed below) by a movehomey Member. The Rental Price (as shown on the Listing at the date on which a Holding Deposit is successfully paid) is the price that will be incorporated into an AST to be signed by the Property Owner and the movehomey Members they accept as their Tenants. movehomey will provide a number of useful tools to help you to determine your Rental Price, but you understand that these are for illustrative purposes only, and do not represent a binding valuation of your Listing.
The Payment of Holding Deposits
Once a Listing is published on the Site, movehomey Members will be able to take a number of actions in respect of that Listing, including making a payment to indicate a willingness to proceed with the transaction in respect of that Listing (a “Holding Deposit”). Holding Deposits will be set at the value of £200 for each Listing. Once a Holding Deposit is successfully paid by a movehomey Member, the Listing will remain on the Site but no other movehomey Member will be able to take any action in respect of that Listing until such time as the transaction is successfully completed, the movehomey Member withdraws their offer, or the Property Owner rejects the offer. In the event of a rejection of the offer by the Property Owner or the withdrawal of the offer by the movehomey Member, the Listing will once again be live on the Site, with movehomey Members able to take action with respect to that Listing.
As detailed above, Property Owners acknowledge and agree that once a Holding Deposit has been successfully paid by a movehomey Member in relation to a particular Listing, the Rental Price of that Listing cannot change from the Rental Price detailed in the Listing.
Once a Holding Deposit has been successfully paid and the Property Owner has received the Verification Checks (defined and detailed below), the Property Owner may, in their sole discretion, acting reasonably, determine whether they wish to accept the movehomey Member(s) as their Tenant(s). In the event that the Property Owner does not accept the movehomey Member(s) as their Tenant(s), the full value of the Holding Deposit will be returned to the movehomey Member as soon as is reasonably practicable. movehomey does not accept any responsibility or liability for the decisions or actions of Property Owners following receipt of the Verification Checks.
movehomey requires certain information from Tenants so that we can complete Verification Checks. If a Tenant successfully pays a Holding Deposit, but has not provided the information required for us to conduct Verification Checks, they will have 5 days to provide that information, or their offer will be void and their Holding Deposit will be retained by movehomey. Each Tenant understands, acknowledges and agrees that it is their sole responsibility to provide required information to allow movehomey to complete Verification Checks and each Tenant acknowledges and agrees that movehomey takes no responsibility for non-refunded Holding Deposits where a movehomey Member has not provided the information required by us.
If a Tenant has successfully paid a Holding Deposit, but does not complete the required actions in the relevant timeframes detailed in the “Executing an AST” section of these Terms below, their Holding Deposit will be retained by movehomey. movehomey cannot and does not accept any liability for non-refunded Holding Deposits in the event of any movehomey Member breaching the provisions of these Terms.
In order to pay Holding Deposits through the Services, Tenants will be required to provide their credit card, debit card or bank account details to movehomey and the payment service provider retained by us (the “PSP”). The PSP is a third party, currently Stripe LLC, and you understand that movehomey is not an owner, operator, agent, provider or representative of the PSP. We have partnered with the PSP to allow all Tenants to pay Holding Deposits through the Site and the Services. In order to pay Holding Deposits through the Site and the Services, Tenants must accept the terms of service of the PSP. By creating an account with movehomey and accepting these Terms, you will be deemed to accept the terms of service of the PSP. movehomey encourages all Tenants to access the PSP’s terms of service, which can be found here, and if, having read those terms of service, you cannot accept them, you should stop using the Site and the Services immediately. Please note that the PSP’s terms of service represent the terms of service of the PSP and are not the terms of movehomey. movehomey does not provide any assurance as to the suitability or appropriateness of the PSP’s terms of service for Tenants. If you have any questions about the PSP’s terms of service, please contact the PSP at firstname.lastname@example.org.
As detailed above, movehomey conducts a number of checks and requires movehomey Members, including Property Owners, to take certain actions to verify their identities (“Verification Checks”). Prior to the publication of a Listing to the Site, a Property Owner will be required to provide us with information to verify their identity (unless that Property Owner has previously published a Listing to movehomey and has, therefore, previously provided such information).
In order to conduct Verification Checks, all movehomey Members understand that they will be required to provide all necessary information to movehomey to allow the successful completion of the Verification Checks. All movehomey Members, including Property Owners, warrant that they will promptly provide all necessary information reasonably required by movehomey for the operation of the Site and the Services. By providing information to us, you warrant and represent that that information is accurate. movehomey reserves the right to terminate the membership of any movehomey Member who is found to have provided false or misleading information, whether knowingly, negligently or innocently.
Executing an AST
If a Property Owner accepts an offer made by a movehomey Member to become a Tenant in respect of a particular Listing, we will generate an AST based on the information provided to us by all parties. The AST will be sent to the Property Owner for confirmation and execution, before being circulated to each of the movehomey Members applying to be become Tenants of that Listing. You, as either a Property Owner or a Tenant, acknowledge and agree that you, and not movehomey, will be responsible for performing your obligations under the AST, and that movehomey is not a party to any AST, or other agreements, between the parties. You acknowledge and agree that movehomey accepts no liability for any breaches of any AST, or other agreements, agreed between a Property Owner and their Tenants.
In the event that an AST is confirmed and executed by the Property Owner and circulated to the relevant movehomey Members applying to become Tenants of the relevant Listing, and that AST is not executed by all relevant movehomey Members, including the Property Owner, within 5 days from the date of circulation, the transaction will be void and the Holding Deposit will be retained by movehomey.
Financial Terms for Tenants
movehomey Members understand that, should they become Tenants in respect of a particular Listing via the Site and Services, they, and not movehomey, bear sole responsibility for fulfilling their obligations under any AST, or other agreement, validly entered into with a Property Owner, including, but not limited to, the timely payment of the Rental Price. movehomey cannot and does not take any responsibility for any agreement which you, as a Tenant, enter into with a Property Owner via the Site and the Services, and movehomey expressly disclaims any liability arising from or in connection with any such agreement.
Please note that movehomey does not currently charge Tenants any fees for using the Site and Services. However, you acknowledge and agree, as a Tenant, that movehomey reserves the right, in its sole discretion, to charge you, in the future, for your use of the Site or Services. Please note that movehomey will provide notice to all movehomey Members, if it chooses to follow such a course of action in the future, prior to the implementation of any fees or charges to movehomey Members. This notice will give Tenants the opportunity to cancel their membership in the event that they do not accept the revised fees and charges.
Rental Price Collection through movehomey Pay
As part of the Site and the Services, movehomey will offer Property Owners the ability to use the Site and the Services to collect the Rental Price from Tenants. We call the process by which movehomey Members and Property Owners use the Site and the Services to make, receive and monitor payments, and other financial events, movehomey Pay. Further details on movehomey Pay are provided below and how we collect the Rental Price are provided in the “movehomey Pay” section below.
Damage to Listings and Security Deposits
Property Owners may choose to include security deposits in their Listings (“Security Deposits”). Each Listing will clearly state whether a Security Deposit is required for that particular Listing. If the Property Owner chooses to require a Security Deposit in respect to any Listing, the Security Deposit will be calculated on the basis of the Rental Price and will amount to 6 weeks of the Rental Price.
As part of the Services, movehomey will recover the Security Deposit from Tenants once an AST has been executed by all relevant parties. The Security Deposit in respect of that Listing will then be stored in a deposit protection scheme for safekeeping for the duration of the tenancy. movehomey will provide you, as Tenants, with the relevant documentation to confirm the placing of the Security Deposit in a deposit protection scheme. You, as Tenants, understand that movehomey is not an owner or operator of any deposit protection scheme used and that movehomey bears no responsibility for the holding of the Security Deposit throughout the Tenancy.
At the end of tenancy, movehomey will secure the release of the Security Deposit for the Tenants and will return the Security Deposit less any charges due to the Property Owner for damage caused during the tenancy. Please note that movehomey will not be responsible for mediating or arbitrating any dispute between the Property Owner and Tenants concerning the Security Deposit (nor liable for any costs incurred as a result of any such mediation or arbitration), which is a matter between those parties and the relevant deposit protection scheme, which provides a formal dispute resolution procedure. For further information about the dispute resolution process, please see/contact here.
As part of the Services, movehomey offers all movehomey Members, including Property Owners, the option of using the Services to create and amend payment events, make recurring and one-off payments, and store all relevant bills, invoices and receipts. As detailed above, we call this feature movehomey Pay.
If you, as a movehomey Member, choose to use movehomey Pay, or, in the case of Tenants, are required to do so by a Property Owner who has chosen for movehomey to collect the Rental Price, you will be asked to create an account with our recurring payment services provider (“Recurring PSP”) and provide them with the relevant billing information, including your name, billing address, bank account number and sort code. Our Recurring PSP is currently GoCardless Limited. Please note that the Recurring PSP is a third party and that movehomey is not an owner, operator, agent, provider or representative of the Recurring PSP. We have partnered with the Recurring PSP to allow all movehomey Members to make recurring payments through the Site and the Services, including the payment of the Rental Price. In order to make recurring payments through movehomey Pay, movehomey Members must accept the terms of service of the Recurring PSP. By creating an account with movehomey and accepting these Terms, you will be deemed to accept the terms of service of the Recurring PSP. movehomey encourages all movehomey Members to access the Recurring PSP’s terms of service, which can be found here, and if, having read those terms of service, a movehomey Member cannot accept them, they should not use movehomey Pay. Please note that the Recurring PSP’s terms of service represent the terms of service of the Recurring PSP and are not the terms of movehomey. movehomey does not provide any assurance as to the suitability or appropriateness of the Recurring PSP’s terms of service for movehomey Members. If you have any questions about the Recurring PSP’s terms of service, please contact the Recurring PSP at email@example.com.
Any and all one-off payments made through movehomey Pay, including payments made by Property Owners in respect of their properties, will be made through our PSP, Stripe LLC, as detailed above.
movehomey may, in its sole discretion, round up or down amounts that are payable by Property Owners to the nearest whole functional base unit; for example, movehomey will round up an amount of £101.50 to £102.00, and round down an amount of £101.49 to £101.00.
movehomey will take reasonable steps to resolve any payment processing errors that we become aware of, by making reasonable investigations into the error and, where a fault is identified, either crediting or debiting (as appropriate) the same payment method used for the original payment.
movehomey Membership Fees
movehomey charges Property Owners an annual membership fee (“Membership Fees”) for use of the Site and the Services. Please note that it is free to create a movehomey Account and that Property Owners will only be charged Membership Fees in respect of a Listing once that Listing has been successfully rented through the Site and Services. The Membership Fee paid by a Property Owner in respect to a Listing will be dependent on the relevant service package chosen (the “Service Package”) and the availability of any applicable discounts, offers or vouchers. All Membership Fees will be subject to VAT at the standard rate of 20%, which will be added to the annual Membership Fee.
movehomey will recover the annual Membership Fee from Property Owners in 12 monthly installments on a date to be notified to Property Owners. Property Owners have the option to create an account with our Recurring PSP for the payment of Membership Fees.
movehomey Referral Programme
movehomey operates a loyalty programme that rewards existing Property Owners for referring their friends who go on to create a Listing that is subsequently rented to Tenants via the Site and the Services (the “Referral Programme”). If you chose to participate in the Referral Programme you may be able to earn a reward (“Referral Reward”) in the form of discounts to your Membership Fees for each Successful Referral (defined and detailed below) that you achieve.
In order to achieve a Successful Referral, you will need to undertake the following steps:
- Step One: log in to your movehomey Account via the Site and select the “Refer Friends” link in your Hub;
- Step Two: once you click “Refer Friends”, we will generate a unique link that is personal to you. You can take this unique link and share it with your friends via Facebook, Twitter, email or text message;
- Step Three: your friends must then click on the unique link to be directed to the sign up page, where they must create a movehomey Account in accordance with these Terms;
- Step Four: having created a movehomey Account through the unique link, your friends must then create a Listing that is subsequently rented out to a Tenant via the Services.
For every Successful Referral you achieve, you will receive one month’s discount on your Membership Fee, up to a maximum of six Successful Referrals per subscription year (that is, the period over which you pay your annual Membership Fee), as a Referral Reward. We will keep you notified of your Successful Referrals and redeemable Referral Rewards by email and through your Hub. Any Referral Rewards redeemed will be discounted from your annual Membership Fee and spread across the subscription year. You understand that Referral Rewards are accrued solely by you and that you may not earn Referral Rewards by permitting another individual to use your movehomey Account. You may not earn Referral Rewards by creating multiple movehomey Accounts, and Referral Rewards accrued across multiple movehomey Accounts may not be combined into one movehomey Account. Referral Rewards may not be exchanged for cash or money. You understand that all Referral Rewards are non-transferable and that you bear responsibility for keeping track of any Referral Rewards you accrue through Successful Referrals.
movehomey reserves the right, in its sole discretion, to suspend or terminate the Referral Programme or your participation in the Referral Programme at any time. Referral Rewards accrued before the termination will remain valid and will not be affected by the termination or suspension of the Referral Programme, but movehomey will not award any Referral Rewards once the Referral Programme has been terminated or suspended.
You understand that you are solely responsible for compliance with any and all laws, rules and regulations that may apply to your use of the Site and Services. In connection with your use of the Site and Services, you may not and you agree that you will not:
- use the Site or Services for any purpose which is illegal or otherwise unlawful;
- defame, abuse, harass, threaten or otherwise violate the legal rights (including, but not limited to, rights of privacy or any contractual rights) of others;
- post, upload, publish, submit or transmit any content that is offensive and / or harmful, including, but not limited to, any content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals, as well as content which promotes illegal or harmful activities or substances;
- post, upload, publish, submit or transmit any content that infringes, misappropriates or violates any third party’s intellectual property rights, including, but not limited to, copyright, patent, trademarks, designs, moral rights and trade secrets;
- collect or store any personally identifiable information, or other personal data, about any user of the Site or Services other than for the purposes contracting with a Property Owner or any other movehomey Member;
- as a Property Owner, create any Listing that you do not yourself own or have permission to rent. Creation of Listings by any individual or company serving in the capacity as a rental agent is expressly prohibited;
- as a Property Owner, create any Listing that may not be rented or sub-leased pursuant to the terms of any existing agreements with a third party, including, but not limited to, an existing rental agreement or AST in respect of that Listing;
- as a Property Owner, create multiple Listings for the same Listing repeatedly (“spamming”);
- as a Property Owner, create any Listing with a false or misleading description, including a false or misleading Rental Price, or a Rental Price which you do not intend to honour;
- use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;
- use the Site or Services to distribute unsolicited commercial email (“spam”) or advertise or offer to sell any goods or services through the Site or Services;
- recruit or otherwise solicit any Property Owner or other movehomey Member to join third-party services or websites that are competitors to movehomey;
- use the Site and the Services to find a Property Owner or a Tenant and then complete the rental transaction independent of our Site or Services in order to avoid the Membership Fees charged for the provision of the Services or for any other reasons;
- interfere with or damage our Site or Services, including, but not limited to, through the use of viruses, cancel bots, Trojan horses, harmful code, corrupted files or similar methods or technology;
- register for more than one movehomey Account or register a movehomey Account on behalf of an individual other than yourself;
- use the Site or the Services to collect usernames, personal details and / or email addresses of movehomey Members by electronic or other means;
- use manual or automated software, devices, scripts robots or any other means or processes to access, data-mind, data-crawl, scrape or spider any web pages or other services contained in our Site or Services;
- use the Site or Services to transmit, distribute, post or submit any information concerning any other person or entity without their permission;
- impersonate any person or entity, or misrepresent that you are affiliate with, or connect to, any person or entity;
- use, display, mirror or frame the Site or Services, or any individual element within the Site or Services, the movehomey name, any movehomey trademark, logo or other proprietary information, or the layout and design of any page, or form contained on any page, within the Site or Services, without movehomey’s express written consent; or
- encourage or assist any third party to do any of the foregoing.
movehomey reserves the right to investigate and report, if necessary, any violations of the above to the relevant criminal or regulatory authorities.
Intellectual Property Rights
You acknowledge and agree that all intellectual property rights, including, but not limited to, copyright, trademarks, service marks, trade names, domain names, designs, software and rights in computer software, database rights, images, videos, design rights, rights to use, and protect the confidentiality of, confidential information (including know how, code and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsists now or in the future in any part of the world (the “Intellectual Property Rights”) are the exclusive property of movehomey and its licensors. We give you a non-exclusive licence to use and access the Site and Services and any content therein for your own personal use, and acknowledge and agree that you will not remove, alter or obscure any of our intellectual property incorporated in or accompanying the Site or Services. Except to the extent expressly provided in these Terms, you are not being given any rights in respect of any Intellectual Property Rights owned by movehomey and its licensors and you acknowledge and agree that you do not acquire any ownership of, or other rights in relation to, any such Intellectual Property Rights by using or downloading any content from the Site or Services. You may not copy or use any trademarks, services marks, logos and / or trade names appearing in the Site or Service, which are the property of the respective owners, without the express prior written consent of the owner.
You acknowledge and agree that you will not disclose, transfer, use (or seeking to induce others to disclose, transfer or use) any Confidential Information (as defined below) for any purpose other than disclosure to your authorised employees and agents who are bound to maintain the confidentiality of Confidential Information, or if you are required, by law, to make such a disclosure. You shall use your best endeavors to prevent any unauthorised disclosure, transfer or use of Confidential Information, and you shall promptly notify movehomey of any circumstances or events that may constitute an unauthorised disclosure, transfer or use of Confidential Information. You shall return all originals and any copies of any and all materials containing Confidential Information to movehomey upon termination of these Terms.
Under these Terms, Confidential Information means any and all information in whatever form (including, without limitation, in written, oral, visual or electronic form or on any magnetic or optical disk or memory and wherever located) relating to the business, customers, products, affairs and finances of movehomey for the time being confidential to us. Confidential Information therefore includes, without limitation, trade secrets, technical data and know how relating to movehomey, products, code, data, services, product plans, research, customers, markets, software, inventions, processes, formulas, technology, designs, drawings, and engineering.
Suspension and Termination of movehomey Accounts
movehomey may, in our sole discretion and without incurring any liability to you, terminate, deactivate or suspend your movehomey Account if you have failed to comply with any of the provisions of these Terms. We will provide you with notice by email of any such termination, deactivation or suspension of your movehomey Account. A termination, deactivation or suspension of your movehomey Account will not affect the validity of any AST or other agreement that you have entered into via the Site and Services, and your obligations under such agreements will remain binding on you. If your account is terminated, deactivated or suspended, your password will be disabled, and you will not be able to access the Site, the Services or your movehomey Account. Any pending transactions, including scheduled viewings, will be immediately terminated. movehomey will take reasonable steps to inform affected movehomey Members of the cancellation of any pending transactions or any scheduled viewings. If your account is terminated, deactivated or suspended, you are prohibited from creating another movehomey Account under your name or the name of any third party. You may cancel your account at any time by selecting the “Cancel Account” feature in your Hub.
While we will use reasonable efforts to ensure that the Site and the Services are available for us, we do not, warrant, guarantee or represent that the Site or Services will be available on an uninterrupted or error-free basis. You understand that the Site and the Services may be unavailable from time to time due to scheduled maintenance or upgrades or for reasons outside of our control. You understand that you use the Site and the Services at your own risk.
Except as expressly set out in these terms, movehomey expressly disclaims the application of any implied conditions, warranties or other term, including any implied term relating to satisfactory quality or fitness for purpose to the Site or Services. movehomey makes no warranty that the Site or Services, including but not limited to any Listing or the Referral Programme, will meet your requirements or will be suitable for your purposes. movehomey makes no warranty regarding the quality of any Listing, or the reliability of any descriptions or other content published in relation to any Listing.
movehomey makes no warranties or representations with respect to the conduct of other users of the Site or Services or their compliance with these Terms. You acknowledge and agree to take all reasonable precautions in all communications and interactions with other users of the Site and Services and with all other persons you communicate or interact with through the Site and Services, including, but not limited to, movehomey Members and Property Owners, particularly if you decide to communicate, interact or meet offline, for example to conduct a viewing. Except as provided under the movehomey Guarantee, movehomey expressly disclaims any liability for any act or omission of any movehomey Member, Property Owner, representative or employee of movehomey, or other third party. The foregoing will not affect any statutory rights that you may have as a consumer through your use of the Site or Services.
Limitation of Liability
movehomey is not responsible for, and shall have no liability in relation to, any dealings that are facilitated using our Site or Services other than to the limited extent as set forth under the these Terms. movehomey does not bear any liability for any loss of profits, goodwill or other intangible losses, or for any indirect, special or consequential loss or damage, computer or device damage or costs of substitute or replacement products, or for any damages or personal or bodily injury, except to the limited extent as set forth under these Terms, or any emotional distress arising out of or in connection to these Terms, from the use of or inability to use the Site or Services, or from any communications, interactions or meetings with other users of the Site or Services, or any other persons you communicate, interact or meet with through the Site or Services, or through your participation in the Referral Programme.
movehomey’s liability under these Terms shall be limited to the amount paid in membership fees by any movehomey Member in the 12 months prior to the event giving rise to liability.
Nothing in these Terms shall in any way limit or exclude movehomey’s liability for any death or personal injury caused by negligence, or for fraud.
You hereby agree to indemnify movehomey, its directors, officers, employees, agents, subsidiaries, affiliates, and its partners in promotions, sweepstakes, contests or giveaways, from and against any and all claims, losses, liabilities, and expenses, including, but not limited to, reasonable legal fees and costs, incurred in connection with (a) your access to or use of the Site and Services or your violation of these Terms; (b) any content submitted by you or using your movehomey Account; (c) your interaction with any movehomey Member; (d) your creation of a Listing; and (e) your participation in the Referral Programme. movehomey reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the express written consent of movehomey.
These Terms constitute the entire agreement and understanding between you and movehomey regarding the Site, Services, Referral Programme and any rental transactions completed via the Site or Services. These Terms supersede any previous arrangement, understanding or agreement between movehomey and you regarding the foregoing, and you will not be able to rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) however so received.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Any notices or other communications permitted or required by these Terms will be in writing and given by movehomey via email or by positing to the Site or Services, including, but not limited to, by posting in your Hub. For notices given by email, the date of receipt will be deemed to be the date on which such notice is transmitted.
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law. You irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) that arises out of or in connection with these Terms.
movehomey reserves the right to amend the Site, Services or these Terms, in its sole discretion at any time. If we amend these Terms, the updated version will be posted on the Site as soon as is reasonably practicable and we will make reasonable efforts to give notice of the changes to these Terms, either through your Hub or via email. By continuing to access and use the Site or Services once any amendment to these Terms has been posted on the Site, you acknowledge and agree to be bound by the amended Terms. Any amendment to the Terms supersedes any previous versions of these Terms that may have been posted to the Site. If any amended Terms are no longer acceptable to you, you must stop using the Site and Services.
The Site and/or content of the Site may be changed or modified at any time. Therefore, please note that any of the content on our Site may be out of date at any given time, and, although we aim to update out of date material once we become aware of it, we are under no obligation to do so.
The failure of movehomey to enforce or exercise any right or provision of these Terms will not constitute a waiver of future enforcement or exercise of that right or provision.
We welcome feedback, questions or comments (together “Feedback”) from users for how we can improve the Site, Services and these Terms. Please direct any feedback to firstname.lastname@example.org. You acknowledge and agree that any Feedback provided will be the sole and exclusive property of movehomey and that, by providing Feedback, you assign to movehomey any rights, title or interest you may have in any Feedback provided, including, but not limited to, any trademark, patent, copyright, rights in design or any other proprietary rights.
We encourage you to report any content, actions or omissions that you believe to be in violation of these Terms to email@example.com.