IF ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING THE SYSTEMS AND SERVICES. YOUR CONTINUED USE OF THE SYSTEMS AND SERVICES NOW OR FOLLOWING THE POSTING OF ANY SUCH CHANGES WILL INDICATE YOUR ACCEPTANCE OF THESE TERMS AND OF ANY SUCH CHANGES.
What do words and phrases mean in these terms?
‘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 Vincere Homes 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.
‘Fully Managed service’ means our comprehensive tenancy management service. For further information, please visit www.vincerehomes.com/letting.
‘Introduction service’ means our standalone create your own advert service. For further information, please visit www.vincerehomes.com/letting.
‘Products & Services’ means all and each of the products and/or services offered by Vincere Homes within the Website and Online Platform.
‘Systems’ means the Website and Complimentary or subscribed (following a payment) access to the Online Platform.
‘User’ means you or anyone who uses the Systems
‘Website’ means www.vincerehomes.com including all systems, Software and processes hosted therein.
Acceptable use terms
There are rules and standards that you must abide by in connection with your use of the Systems. This is for the protection of all Users.
Vincere Homes has the right to enforce those guidelines as it deems appropriate in its sole discretion. This means that if you, or anyone using your Account, Vincere Homes password or identifying information, violate these Terms, Vincere Homes may take any and all actions from the issuance of a warning to terminating your right to use the Systems (without refund or part credit of any fees paid) to involvement of the appropriate authorities that Vincere Homes deems necessary or appropriate. Vincere Homes are not required to provide notice prior to terminate your right to use the Systems for violating these Terms, but it may choose to do so.
BY USING THE SYSTEMS, YOU AGREE TO WAIVE ANY CLAIMS YOU MAY HAVE AGAINST Vincere Homes, AND TO HOLD Vincere Homes HARMLESS AND INDEMNIFY Vincere Homes WITH RESPECT TO ANY CLAIMS RELATING TO ANY ACTION TAKEN BY Vincere Homes AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED OR THE WITHDRAWAL OF THE SYSTEMS WHETHER TEMPORARILY OR PERMANENT. THIS MEANS THAT YOU CANNOT SUE Vincere Homes OR RECOVER ANY DAMAGES WHATSOEVER FROM Vincere Homes AS A RESULT OF ITS DECISION 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 VIOLATION OR AS A RESULT OF Vincere Homes’ CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
Disclaimer of Warranties; Liability Limitations
You expressly agree that your use of, or inability to use, the Systems is at your sole risk. The Systems are provided ’as-is‘ and ’as-available‘ for use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
In no case shall Vincere Homes, its 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.
Vincere Homes may send you notices with respect to the Systems by sending an e-mail message to the email address listed in your Vincere Homes Account or by sending a letter via postal mail to the contact address listed in your Vincere Homes 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 Vincere Homes.
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. Vincere Homes 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 Vincere Homes 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 Vincere Homes records in Spain. If you do not consent to this transfer, do not accept these terms and conditions.
Vincere Homes does not guarantee or warrant that any photos, photobooks, digital images, data or text (collectively, ’Content‘ for the purpose of this provision) you create, upload, send or store for the purpose of your use of the Systems will not be subject to inadvertent damage, corruption or destruction. If any Content is damaged, lost or corrupted in any way, Vincere Homes will have no obligation or liability to you. You are solely responsible for your use of the Systems, including all Content you generate or upload to Vincere Homes. Vincere Homes is not and will not be responsible for what is contained in any such Content.
Although Vincere Homes encourages you to use the Systems to express your creativity, Vincere Homes reserves the right to refuse to process any order or upload submitted by you containing Content that Vincere Homes, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise offensive, illegal, inappropriate or unacceptable, including any material Vincere Homes believes may cause any liability for it under any applicable law or regulation, or which may cause Vincere Homes to lose the Systems any suppliers provide as part of the Systems or in connection with fulfilling any order for Systems. In particular, Vincere Homes reserves the right to refuse to process orders or uploads containing Content which, in Vincere Homes sole opinion, contains expressions of abuse, offensive language or images, obscenity or pornography (including but not limited to child abuse or child pornography, and/or depictions of minors engaged in sexual conduct or explicitly sexual situations).
By submitting Content to Vincere Homes 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 hereby grant Vincere Homes a worldwide, royalty-free, non-exclusive license to use the Content for the limited purpose of providing and processing the Systems.
Nothing in this Agreement shall be construed to convey to you any interest, title, or license in a Vincere Homes password, email address, domain name, or similar resource used by you in connection with the Systems or the Software.
In order to take advantage of the Online Platform you will need to register on www.vincerehomes.com.
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. By registering with Vincere Homes you give us express permission to do so. Once registration is complete we will open you an Account free of charge, which will give you access to the Online Platform.
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 Vincere Homes 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.
Anti Money Laundering
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 Vincere Homes. 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.
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.
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.
Current signed passport
Utility bill (gas, electric, satellite television, landline phone bill) issued within the last three months
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
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)
Current EU or EEA photocard driving licence
Bank, Building Society or Credit Union statement or passbook dated within the last three months
Full old-style driving licence
Original mortgage statement from a recognised lender issued for the last full year
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
Benefit book or original notification letter from Benefits Agency
Council or housing association rent card or tenancy agreement for the current year
Firearms or shotgun certificate
Benefit book or original notification letter from Benefits Agency (but not if used as proof of name)
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
National identity card bearing a photograph of the applicant
Electoral Register entry
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.
Access to the Online Platform
Booking a free valuation
A free valuation from a Local Property Expert is available with all of our Products and Services except the Introduction service.
You agree that you will NOT use the Systems to:
You further agree:
Removal of content
You acknowledge that Vincere Homes is not responsible or liable in any way for any Content provided by others and has no duty to pre-screen such Content. However, Vincere Homes reserves the right at all times to determine whether Content is appropriate and in compliance with this Agreement, and may pre-screen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of this Agreement or is otherwise objectionable.
Access to your Account and Content
Vincere Homes reserves the right to take steps Vincere Homes believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You acknowledge and agree that Vincere Homes 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 Vincere Homes 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 Vincere Homes, 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 Vincere Homes 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, Vincere Homes 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.
Using your Information
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. Vincere Homes 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.
Vincere Homes 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
Estate Agent and Mortgage Advisors
Vincere Homes 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.
Information and data
Any information and or data provided by you to Vincere Homes and used by Vincere Homes 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 Vincere Homes on all media and in all documentation.
Vincere Homes shall take all reasonable precautions to preserve the integrity and prevent any corruption or loss, damage or destruction of this data and information.
Vincere Homes 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 Vincere Homes 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 Vincere Homes if it is of the view that to do so would be a breach of the Data Protection Act 1998.
Vincere Homes 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, Vincere Homes will have in place and will maintain at all times the Information Standards which will deal comprehensively with:
Copyright notice – DMCA
If you believe that any Content in which you claim copyright has been infringed by anyone using the Systems, please contact Vincere Homes at vincere.com. Vincere Homes may, in its sole discretion, suspend and/or terminate Accounts of Users that are found to be repeat infringers.
Violations of this agreement
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 vincere.com.
License from you
Vincere Homes 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 Vincere Homes 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.
Changes to content
You understand that in order to provide the Systems and make your Content available thereon, Vincere Homes 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 Vincere Homes to take any such actions.
Vincere Homes, the Vincere Homes logo and other Vincere Homes trademarks, Systems marks, graphics, and logos used in connection with the Systems and Software are trademarks or registered trademarks of Vincere Homes, including the intellectual property rights of the Vincere Homes 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.
Vincere Homes proprietary rights
You acknowledge and agree that Vincere Homes 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.
License from Vincere Homes
Vincere Homes grants you a personal, non-exclusive, non-transferable, limited license to use the Software as provided to you by Vincere Homes 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.
Links and other third party materials
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 Vincere Homes may have no control over such third party sites, services and/or materials, you acknowledge and agree that Vincere Homes 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 Vincere Homes 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.