References to "YouRealty", "us", "our" or "we" are references to YouRealty.
Our registered office address is at YouRealty, TechHub/Campus, 1st floor, 4-5 Bonhill Street, London EC2A 4BX.
YouRealty operates a proprietary, web-based platform and app via our website yourealty.co which provides you with an opportunity to buy and sell properties and renting and letting properties and property-related goods and services ("YouRealty Platform").
These Paid-For Service and In-App Sales Terms set out the terms on which YouRealty shall provide you with services that you may order via the YouRealty Platform, where these services are to be provided directly by YouRealty ("Paid-For Service & In-App Sales") and not one of our third party partners. We aim to make it clear on our website when you are ordering a service that is provided directly by YouRealty. Depending on which service you choose, the additional terms set out in the Schedules to these Paid-For Service Terms shall apply.
These Paid-For Service and In-App Sales Terms are additional to, and supplement, (i) our Website Terms and which apply whenever you use or browse our website, and (ii) our General Service Terms which apply as soon as you register and set up an account with us to use the YouRealty Platform ("Account").
The YouRealty Platform, together with our website yourealty.co, shall be referred to collectively as our "Site".
If you do not accept these Paid For Service and In-App Sales Terms, or any part thereof, please do not order the relevant service via the YouRealty Platform.
"THIRD PARTY" SERVICES INTRODUCED BY YouRealty
Where you order a product or service that is being provided directly by a third party service provider (rather than by YouRealty) we aim to make this clear on the respective product / service page. These Paid-For Service Terms will not apply to such services, and you should consult the relevant third party service provider’s terms and conditions of supply, which will be notified to you via the easyProperty Portal prior to your purchase of such product or service.
"FREE OF CHARGE" SERVICES PROVIDED BY YouRealty
We may provide you with certain services via the YouRealty Portal free of charge from time to time. Such services are subject to our General Service Terms.
OUR LIABILITY TO YOU
When you order a Paid-For Service from us, YouRealty shall use reasonable skill and care in the performance of such services, however:
(a) We cannot guarantee the Site or any information or other materials contained within or referred to on the Site ("Site Materials") will be available to you on an uninterrupted basis. We shall not be liable for any failure by you to access the Site or the Site Materials as a result of a failure of your equipment or events affecting access to the Internet generally (which prevent or delay your access to the Site or the Site Materials).
(b) We make no representation that the Site or the Site Materials are appropriate or available for use in locations outside the United Kingdom, and accessing the Site (including the YouRealty Platform) from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Site (including the YouRealty Platform) from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
(c) Your access to our Site may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services, or as a result of your actions, as set out in these Paid-For Service Terms and in our Website Terms.
We and our third party service providers do not accept any responsibility for the following types of losses which may arise from your receipt of any Paid For Services and In-App Sales from us:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings or anticipated profits;
(e) loss of goodwill;
(f) wasted management or office time; or
(g) any indirect, special or consequential loss or damage.
YouRealty’s total liability to you arising under or in connection with these Paid-For Service and In-App Sales Terms for each event, or series of events, giving rise to a claim (whether in contract, tort (including, without limitation, negligence), statute or otherwise and including any loss or corruption of data) shall not exceed 100% of the one-off fee paid or payable by you for the relevant product or service, or, where such Paid For Service are provided to you as part of a subscription, or recurring fee, 100% of the total fees paid or payable by you for the relevant product or service, during the 12 month period immediately preceding the month in which your claim arose.
Nothing in these Paid-For Service and In-App Sales Terms shall affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law, for example under the Sales of Goods Act 1979.
PURCHASING "PAID FOR SERVICES" THROUGH THE YouRealty PLATFORM
Each order for Paid-For Services you make via the YouRealty Platform (each an "Order") shall constitute an offer by you to purchase those goods or services. Each Order shall only be deemed to be accepted by YouRealty (and a contract formed between you and us) once we issue a written acceptance of each Order, which may take the form of a confirmatory email to be sent to the email address you provide to us. If you do not receive any such email, please let us know by contacting us at the following address firstname.lastname@example.org.
When you place an Order, YouRealty shall collect the fee payable by you in respect of the relevant Service, as notified to you in advance via the YouRealty Platform. Such fees may be one-time fees or recurring. If you make a purchase via the YouRealty Platform, you authorise YouRealty or any third party that processes payments for YouRealty to use the payment method you entered when you create your account with us, or, if different, the payment details you provide at the point of purchase. YouRealty will charge you at the point of purchase, or (for subscriptions) on a recurring basis.
If YouRealty informs you that a Paid-For Service will be provided indefinitely or automatically on a subscription or recurring basis, you agree that YouRealty may automatically renew it and charge you for any renewal term. You also agree that YouRealty may retain your credit card or other payment information for recurring charges and for future purchases. If your Account is closed or suspended for any reason YouRealty may charge you for any fees, costs, surcharges, or debts (if any) pending on your Account and may prohibit you from reinstating your Account or opening a new Account until they have been paid.
For Paid-For Services offered on a periodic basis (e.g., monthly), YouRealty will notify you of price changes at least 30 days in advance. If you do not agree to a price change for a Paid-For Service, you must cancel that Paid-For Service and stop using it. Your continued use of the Paid-For Service after the effective date of the price change will constitute your acceptance of the change. If you cancel, other than as a result of our breach of these Paid-For Service Terms, or under your "cooling off period" set out under condition 7 of these Paid-For Service Terms, your Paid-For Service terminates at the end of your current service period.
Unfortunately, the goods or services we provide as part of the Paid-For Services may be subject to geographical restrictions from time to time, and if they are we will endeavour to notify you of any restrictions that apply on our website.
While YouRealty will work to ensure that any product or services information displayed via the YouRealty Platform is correct, actual product packaging and materials, or service descriptions, may contain more and different information to that displayed on our Site. All information about goods or services displayed within the Site are provided for information purposes only, are produced for the sole purpose of giving an approximate idea of the goods or services described in them, and are not intended to amount to a representation by YouRealty as to the quality or suitability of the product or service or its fitness for any particular purpose.
It is your responsible to ensure you read, understand and accept such these Paid-For Service Terms and Conditions before you proceed with your purchase.
All other warranties in relation to any Paid-For Services provided via the YouRealty Platform are excluded as far as is permitted under applicable law.
We recommend that you do not rely solely on the information presented on our Site. Please always read labels, service descriptions, warnings and directions and instructions provided as part of any Paid-For Service before use.
CANCELLING YOUR ORDER FOR "PAID-FOR" SERVICES
By law you may have the right to a "cooling off period" during which you will have the right to withdraw from the purchase of any Paid For Service for any reason within 14 calendar days from the point your contract is concluded with us. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. letter sent by post, fax or e-mail).
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the "cooling off period" has expired.
If you cancel an order in accordance with condition above, you will be entitled to reimbursement of all payments made by you in respect of the order, including any costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery that may have been offered to you).
We shall be entitled to deduct from any reimbursement to you any loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. You will only be liable for any diminished value of any goods, where this results from such handling (and where this amounts to handling which is more than is necessary to establish the nature, characteristics and functioning of the goods in question).
The reimbursement will be made to you without undue delay, and not later than:
(a) 14 days after the day we receive back from you any goods supplied (where this is relevant), or
(b) (if earlier) 14 days after the day you provide evidence that you have returned such goods to us, or
(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel the order.
You will have to bear the direct cost of returning any goods supplied to you (where this is relevant).
The reimbursement will be made to you using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. Reimbursement may be withheld until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
If you have requested to begin the performance of services during the "cooling off period", you will be required to pay an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this order, in comparison with the full coverage of the order. Unless you tell us otherwise, your purchase of Paid For Services from us will be taken as a request by you to begin the performance of such service immediately when they are ready (and within the "cooling off" period).
Details of this statutory right, and an explanation of how to exercise it, will be provided again in the email you will receive from us acknowledging your order. For more information on your right to withdraw from your purchase, visit the Department of Business Innovation and Skills’ website or your local Citizens’ Advice Bureau or Trading Standards office.
If you believe that any products or services provided to you as part of a Paid-For Service purchased via the YouRealty Platform are faulty, defective or do not conform with their description you may be entitled to a refund. Please contact email@example.com if you feel you are entitled to a refund.
We make no representations as to any income, use, excise or other tax liability that you may incur as a result of you using, or ordering products or services via the YouRealty Platform. You are solely responsible for reviewing and accounting for any such tax liability.
We may revise these Paid-For Service Terms by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these Paid-For Service Terms may also be superseded by provisions or notices published elsewhere on our Site.
In the event of any discrepancy or inconsistency between these Paid-For Service Terms and the General Service Terms or the Website Terms, the Paid-For Service Terms shall take precedence.
GOVERNING LAWS AND JURISDICTION
These Paid-For Service Terms (including their interpretation and any disputes arising out of, or in connection, with them) shall be construed in accordance with and governed by English Law and shall be subject to exclusive jurisdiction of the English Courts.