Your use of the Purplebricks Website at www.purplebricks.co.uk and the Online Platform is governed by these Terms of Use.
This document (referred to as our ‘Terms of Use’) gives you information about the terms upon which we agree to provide, permit and allow you access and use of the Website and Online Platform. We encourage you to print off a copy of this document and refer to it as you use our Systems and Services.
‘Account’ means your Account that we operate and you control within the Online Platform. For the avoidance of doubt, this includes the area where you instruct us and manage the process of a sale, purchase, let and/or rent (including all marketing services).
‘Complimentary’ means free of charge without financial consideration.
‘Content’ means all of the content, documents, information and matters on or in your Account or contained within the Website and/or Online Platform, whether through the Website and/or Online Platform or uploaded manually.
‘Deferred Payment Date’ means the definition contained in the Service Agreement.
‘Online Platform’ means the Complimentary software provided to customers in accordance with these Terms of Use.
‘Fully Managed service’ means our fully managed service offered from time to time. For further information, please visit www.purplebricks.co.uk/letting.
‘Introduction service’ means our standalone create your own advert service. For further information, please visit www.purplebricks.co.uk/letting.
‘Part Managed service’ means our rent collect service offered from time to time. For further information, please visit www.purplebricks.co.uk/letting.
‘Privacy Policy’ means the Privacy Policy as amended from time to time and published on the Website and Online Platform.
‘Products & Services’ means all and each of the products and/or services offered from time to time by us within the Website and Online Platform.
‘Systems’ means the Website and Complimentary or subscribed (following a payment) access to the Online Platform.
‘Terms’ means these Terms of Use and Privacy Policy as amended from time to time.
‘User’ means you or anyone who uses the Systems
‘We’, ‘us’, ‘our’ means Purplebricks Property Limited.
‘Website’ means www.purplebricks.co.uk, including all systems, Software and processes hosted therein.
You must adhere to these Terms of Use and the Service Agreement in connection with your use of the Systems. This is for your protection and that of all other Users.
We have the right to enforce these Terms of Use and the terms of the Service Agreement as we, acting reasonably, deems appropriate. This means that if you, or anyone using your Account, Purplebricks password or identifying information, breach these Terms, we may take appropriate action. This could mean we issue you with a warning, that we stop you from using the Systems (without refund or part credit of any fees paid) or, if we reasonably suspect criminal activity, notify or otherwise involve any law enforcement agency or authority as required or appropriate. We are not required to provide notice prior to terminating your right to use the Systems for violating these Terms, but we may choose to do so. In taking any of the measures described above to enforce these Terms of Use and the terms of the Service Agreement, we will seek to act in a manner that is proportionate to the nature of the breach, or suspected breach, of the Terms of Use or Service Agreement.
BY USING THE SYSTEMS, YOU AGREE TO REIMBURSE US WITH RESPECT TO ANY CLAIMS RELATING TO ANY ACTION TAKEN BY US AS PART OF OUR INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A BREACH OF THIS AGREEMENT HAS OCCURRED OR THE WITHDRAWAL OF THE SYSTEMS WHETHER TEMPORARILY OR PERMANENT. THIS MEANS THAT WHERE WE REASONABLY DECIDE TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SYSTEMS, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED BREACH, OR WHERE WE CONCLUDE THAT A MATERIAL BREACH HAS OCCURRED, YOU MAY NOT BE ABLE TO SUE US FOR THIS DECISION.
ANY DECISION BY US TO WARN YOU, OR TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SYSTEMS, OR TO TAKE ANY OTHER ACTION IN RELATION TO ACTUAL OR SUSPECTED BREACHES OF THESE TERMS OR OF THE SERVICE AGREEMENT WILL BE PROPORTIONATE TO THE NATURE AND SERIOUSNESS OF THOSE ACTUAL OR SUSPECTED BREACHES. THESE PROVISIONS APPLY TO ALL MATERIAL BREACHES DESCRIBED IN OR CONTEMPLATED BY THESE TERMS OF USE AND THE SERVICE AGREEMENT.
You expressly agree that your use of, or inability to use, the Systems is at your sole risk. We do not accept any responsibility for the computer equipment which you use to access the Systems.
In no case shall we, our Directors, Officers, Employees, Affiliates, Agents or Contractors be liable for any direct, indirect, incidental, special or consequential damages arising from your use of any of the Systems or for any other claim related in any way to your use of the Systems. We will not be liable to you for any loss or damage arising from your use of any of the Systems in circumstances where:
We may send you notices with respect to the Systems by sending an e-mail message to the email address listed in your Purplebricks Account or by sending a letter via postal mail to the contact address listed in your Purplebricks Account.
You agree that these Terms are not intended to confer and do not confer any rights or remedies upon any person other than you, as a User of the Systems, and us.
If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Our failure to enforce any right or provisions in the Terms will not constitute a waiver of such provision, or any other provision of the Terms.
The personal information which you give to us when registering for access to the Systems will be used in connection with your use of the Systems and will be transferred to and maintained in our records in the United Kingdom. Further information about the way in which we use your personal information can be found in our Privacy Policy.
You are solely responsible for your use of the Systems, including all Content you generate or upload to the Systems. We are not and will not be responsible for what is contained in any such Content.
Although we encourage you to use the Systems to express your creativity, we reserve the right to refuse to process any order or upload submitted by you containing Content that we, in our sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise offensive, illegal, inappropriate or unacceptable, including any material we believe may cause any liability for it under any applicable law or regulation, or which may cause us to lose the Systems any suppliers provide as part of the Systems or in connection with fulfilling any order for Systems. In particular, we reserve the right to refuse to process orders or uploads containing Content which we reasonably believe not to comply with the Terms of Use or the Service Agreement.
By submitting Content to the Systems, you are representing that you are the owner of such material, or have proper authorisation from the owner of the Content to distribute it. You agree that you will allow us to use the Content for the limited purpose of marketing your property. You acknowledge that we will not owe you any money for our use of the Content for this purpose.
Nothing in this Agreement shall be construed to convey to you any interest, title, or license in a Purplebricks password, email address, domain name, or similar resource used by you in connection with the Systems or the Software.
You understand that by registering for and using the Systems, certain information about you and your use of the Website will be collected by us in accordance with our Privacy Policy. We may collect, use, transmit, process and maintain information related to your Account, and any devices or computers registered thereunder, for the purposes of providing the Systems, and any features therein, to you. Information collected by us when you use the Systems may also include technical or diagnostic information related to your use that may be used by us to support, improve and enhance our Systems.
We may collect other information about you in connection with your opening of an Account and use of our services (including when booking a viewing), as described in these terms of use. We may use this data and share it with third parties for the purposes of providing services to you, as described further in these terms of use and our Privacy Policy.
For more information on how we process your personal information please read our full Privacy Policy.
In order to take advantage of the Online Platform you will need to register on www.purplebricks.co.uk.
You must provide accurate information about yourself and agree to our verification process. We will as part of that process take details of your IP address. When registering with us, we will ask you for your express permission to collect this information. Once registration is complete we will open you an Account free of charge, which will give you access to the Online Platform.
You should keep all your Account information, user names and passwords secret and do not disclose the details to anyone. Please refer to the Terms of Use for further information, terms and conditions. We will never ask you to reveal your account password either verbally or in writing.
As part of our professional obligation it is important that we know who is booking a viewing and whether they are in a position to proceed with a purchase. When a viewing is booked an associate of Purplebricks will contact you to confirm your funding arrangements. We will advise the seller of your position should an offer be made together with the details provided by you on our platform at the time you submit your offer. You may be contacted again by us at the time an offer is made to seek further information and clarification.
Where you have registered to book a viewing on a property that is being sold by way of auction, we shall pass your contact details to GOTO Auctions Limited, our Online Auctions’ partner, to enable them to ensure that you understand the auction process.
All estate agents have a legal obligation to conduct identification checks on their customers in accordance with Anti-Money Laundering Regulations.
This will include proof of ownership which will be established by a Land Registry search or copying Title Deeds where a property is not registered.
Identification checks for sellers must take place at the point you instruct us. For buyers this should take place at the point your offer is accepted by a seller and must be done prior to exchange of contracts on the property.
We shall carry out an electronic identification check which has no impact on your credit rating and any information that we receive in connection with that search will solely be used for the purposes of the Anti-Money Laundering Regulations. By agreeing to our Terms of Use you understand that we will undertake a search with Experian to verify your identity. To do so Experian may check the details you supply against any particulars on any database (public or otherwise) to which they have access. They may also use your details in the future to assist other companies for verification purposes. A record of the search will be retained.
The processing of personal data in accordance with these Regulations is lawful and necessary for the prevention of money laundering or terrorist financing and is for the performance of a task carried out in the public interest. More information about our processing of personal data can be found in our Privacy Policy.
Please be advised that if you choose to auction your property we shall share your identification data with GoTo Auctions Limited who are themselves required to establish the identity of all owners of the property. This avoids the need for you to provide such data more than once.
Once the result of the electronic check is ascertained, unless we have a copy of acceptable photo ID (see List A below), we may ask you two simple security questions to confirm that you are the person identified.
In any case where we have been unable to verify a customer’s identification by way of an electronic check you will be required to provide us with two forms of identification, one from LIST A and one from LIST B below. Without this, we are not able to proceed with the transaction.
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LIST A |
LIST B |
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Current signed passport |
Utility bill (gas, electric, satellite television, landline phone bill) issued within the last three months |
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Original birth certificate (UK birth certificate issued within 12 months of the date of birth in full form including those issued by UK authorities overseas such as Embassies High Commissions and HM Forces) |
Local authority council tax bill for the current council tax year |
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EEA member state identity card (which can also be used as evidence of address if it carries this) |
Current UK driving licence (but only if not used for the name evidence) |
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Current UK or EEA photocard driving licence |
Bank, Building Society or Credit Union statement or passbook dated within the last three months |
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Full old-style driving licence |
Original mortgage statement from a recognised lender issued for the last full year |
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Photographic registration cards for self-employed individuals in the construction industry -CIS4 |
Solicitors letter within the last three months confirming recent house purchase or land registry confirmation of address |
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Benefit book or original notification letter from Benefits Agency |
Council or housing association rent card or tenancy agreement for the current year |
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Firearms or shotgun certificate |
Benefit book or original notification letter from Benefits Agency (but not if used as proof of name) |
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Residence permit issued by the Home Office to EEA nationals on sight of own country passport |
HMRC self-assessment letters or tax demand dated within the current financial year |
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National identity card bearing a photograph of the applicant |
Electoral Register entry |
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NHS Medical card or letter of confirmation from GP’s practice of registration with the surgery |
Unless your Local Property Expert has taken a copy of the original document in your presence the copies that are provided must be certified.
You may use a solicitor, notary, bank, financial institution, independent professional person, a family doctor, chartered accountant, civil servant, or minister of religion unless you are a non-UK resident when you must use a solicitor, notary or a member of a financial institution.
Once you have registered with us you will be given access to the Online Platform. You will then be able to use the Online Platform subject to these Terms of Use, the Privacy Policy and any other terms and conditions you have agreed to. Please ensure you have full knowledge of these terms and conditions.
A free valuation from a Local Property Expert is available with all of our Products and Services except the Introduction service.
Whilst a free valuation is available for no cost or obligation where you are a Landlord and you take advantage of the Part Managed service or Fully Managed service, you will not be able to take advantage of the Introduction only service for a period of 28 days after the date that the free valuation takes place.
You agree that you will NOT use the Systems to:
You further agree:
We reserve the right to take steps we believe are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You acknowledge and agree that we may, without additional cost to you, access, use, preserve and/or disclose your Account information and Content to law enforcement authorities, government officials, and/or a third party, as we believe is reasonably necessary or appropriate, if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Purplebricks, its Users, a third party, or the public as required or permitted by law.
As part of the process of using the Systems certain personal information will need to be disclosed to third parties such as a Seller, prospective Purchaser, legal advisor, Estate Agent, third party web portals and such others as we deem necessary to enable them to provide the Systems. By agreeing to these Terms you agree and accept that such information can be disclosed.
For the avoidance of doubt, we reserve the right to take control of your Account, including changing your login details and password, in order to enforce all or any element of these Terms or Service Agreement.
Purplebricks reserves the right to take steps Purplebricks believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You acknowledge and agree that Purplebricks may, without liability to you, access, use, preserve and/or disclose your Account information and Content to law enforcement authorities, government officials, and/or a third party, as Purplebricks believes is reasonably necessary or appropriate, if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Purplebricks, its Users, a third party, or the public as required or permitted by law.
As part of the process of using the Systems certain personal information will need to be disclosed to third parties such as a Seller, prospective Purchaser, legal advisor, Estate Agent, third party web portals and such others as Purplebricks deems necessary to enable them to provide the Systems. By agreeing to these Terms you agree and accept that such information can be disclosed.
For the avoidance of doubt, Purplebricks reserves the right to take control of your Account, including changing your login details and password, in order to enforce all or any element of these Terms or Service Agreement.
A prospective Purchaser or Tenant is someone wishing to view a property, to provide feedback, to make an offer to purchase/let or who agrees a sale/let. We will need to disclose the name, address and contact details of the prospective Purchaser or Tenant to the Seller or Landlord (and vice versa) in advance of a viewing or any subsequent viewing taking place at the Seller’s or Landlord’s property. By participating in any of the above processes or services, you agree for your information to be disclosed. More information about our processing of personal data can be found in our Privacy Policy.
In the event that you choose to Pay Later we will disclose to the Provider such information as we request from you on the Online Platform when you Instruct us and when any event should occur that represents a Deferred Payment Date.
Purplebricks will need to disclose the name, address, contact details, proposed purchase address, the amount the property is being sold/purchased for and any conditions of sale in relation to both the Seller and the Purchaser to the Legal Advisors acting on either or both sides of the transaction. By agreeing to these Terms you agree to allow us to do so
Purplebricks will need to disclose the name, address, contact details, proposed purchase address, the amount the property is being sold/purchased for and any conditions of sale in relation to both the Seller and the Purchaser to any Estate Agent and/or Mortgage Advisor involved in the transaction. By agreeing to these Terms you agree to allow us to do so.
Any information and or data provided by you to Purplebricks and used by Purplebricks directly or indirectly in the performance of the Terms shall remain at all times the property of you. It shall be identified, clearly marked and recorded as such by Purplebricks on all media and in all documentation.
Purplebricks shall take all reasonable precautions to preserve the integrity and prevent any corruption or loss, damage or destruction of this data and information.
Purplebricks agrees to comply and have adequate measures in place to ensure that its staff comply at all times with the provisions and obligations contained in (as amended from time to time):
All personal data acquired by Purplebricks from you shall only be used for the purposes of this Agreement and shall not be further processed or disclosed without the consent of you, other than in circumstances detailed in this Agreement.
Nothing in this Agreement shall oblige you to disclose any information to Purplebricks if it is of the view that to do so would be a breach of the Data Protection Act 1998.
Purplebricks shall indemnify you for any breach of the legislation above, which renders you liable for any costs, fines, claims or expenses howsoever arising. In fulfillment of its obligations above, Purplebricks will have in place and will maintain at all times the Information Standards which will deal comprehensively with:
If you believe that any Content in which you claim copyright has been infringed by anyone using the Systems, please contact Purplebricks at enquiries@purplebricks.com. Purplebricks may, in its sole discretion, suspend and/or terminate Accounts of Users that are found to be repeat infringers.
If while using the Systems, you encounter Content you find inappropriate, or otherwise believe to be a violation of this Agreement, you may report it by sending an email tomisuse@purplebricks.com.
Purplebricks does not claim ownership of the materials and/or Content you submit or make available on the Systems. However, by submitting or posting such Content on areas of the Systems that are accessible by the public or other Users with whom you consent to share such Content, you grant Purplebricks a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content on the Systems solely for the purpose for which such Content was submitted or made available, without any compensation or obligation to you. You agree that any Content submitted or posted by you shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. By submitting or posting such Content on areas of the Systems that are accessible by the public or other Users, you are representing that you are the owner of such material and/or have all necessary rights, licenses, and authorisation to distribute it.
You understand that in order to provide the Systems and make your Content available thereon, Purplebricks may transmit your Content across various public networks, in various media, and modify or change your Content to comply with technical requirements of connecting networks or devices or computers. You agree that the license permits Purplebricks to take any such actions.
Purplebricks, the Purplebricks logo and other Purplebricks trademarks, Systems marks, graphics, and logos used in connection with the Systems and Software are trademarks or registered trademarks of Purplebricks, including the intellectual property rights of the Purplebricks brand. Other trademarks, Systems marks, graphics, and logos used in connection with the Systems or Software may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Product(s) or Software.
You acknowledge and agree that Purplebricks and/or its licensors own all legal right, title and interest in and to the Systems, including but not limited to graphics, User interface, the scripts, logos, sounds, music, artwork, videos, computer code and software used to implement the Systems, and any software provided to you as a part of and/or in connection with the Systems, including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Systems (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Systems in compliance with this Agreement. No portion of the Systems may be reproduced in any form or by any means, except as expressly permitted in these Terms.
Purplebricks grants you a personal, non-exclusive, non-transferable, limited license to use the Software as provided to you by Purplebricks as a part of the Systems and in accordance with this Agreement; provided that you do not (and do not permit anyone else to) copy, modify, rent, loan, distribute, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the Software, and you shall not exploit the Systems in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
THE USE OF THE SYSTEMS OR ANY PART OF THE SYSTEMS, EXCEPT FOR USE OF THE SYSTEMS AS PERMITTED IN THE TERMS, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
Certain content, components or features of the Systems may include materials and/or services from third parties and/or hyperlinks to other web sites, resources or Content. Because Purplebricks may have no control over such third party sites, services and/or materials, you acknowledge and agree that Purplebricks is not responsible for the availability of such sites, services or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, Systems or materials on or available from such sites or resources. You further acknowledge and agree that Purplebricks shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such content, advertising, systems or materials on or available from such sites or resources.
Changes to these Terms of Use that we can make immediately
Please note that we may make some changes to these Terms without telling you first. We’ll only do this for changes that:
We’ll tell you about these changes within 30 days of the change happening.
Changes we can make after giving 60 days’ notice
We’ll give you at least 60 days’ notice before any change that might make you worse off, for example if we increase the costs of any Product or Service which we are providing to you.
We’ll explain the reason for the change and how it will affect you.
If you’re not happy with the change you can end these Terms and the Service Agreement.
Assignment
We may assign our rights and obligations under these terms to another party or entity, in which case we will inform you accordingly of any such change as above.