Terms and Conditions

The Moving Room (TMR)

ONLINE TERMS, CONDITIONS AND PRIVACY POLICY

1. INTRODUCTION

The Moving Room (TMR) is a wholly owned subsidiary brand of Home Selling Chain Solutions Limited. All statutory information, registration numbers et al can be found at the end of these Terms and Conditions of Business with a subset of that information clearly signposted in the footer (bottom) of the Home Page of this website.

2. WHAT EVERYTHING MEANS

If you are selling your home, TMR is a unique way of marketing your property. If you are looking to buy a new (to you) home, it is an exclusive and very focussed way of finding the closest match to your ideal property. TMR gives you the opportunity to find someone who wants to buy your property while at the same time selling a property that you want to buy. This is called a "Perfect Match" by far the simplest and easiest way to find exactly what you are looking for. Other property buying scenarios that may result in a chain of buyers and sellers is also accommodated by TMR by using systems that give total transparency of the stage each person in a chain is at in the buying / selling process. This means one person dropping out of the chain does not necessarily mean the chain fails. You can find out much more of how everything works by navigating the website.

The following is a list of Definitions of important words and phrases used in these Terms and Conditions - TMR is not liable for anything not shown in this list being defined by you or any third party nor is it responsible for any translation of these definitions and the reader must not rely on their own definition of anything included or not included in this list.
If in any doubt please contact us by email with your query for further clarification:

Definitions:

Person / person: Any individual, partners, married couple, couple in registered civil partnership, Individual and Guarantor, Parent and Child, Group in properly constituted co-ownership arrangement, any of the above who intend to sign a property into trust (list not exhaustive) who is buying or selling a property.

Membership / Member:

We call people who sign up to use TMR "Members" this refers to the exclusive nature available from hints and tips to transparency of the process and anyone else involved in the transactions you are part of. By becoming a "Member" you do not become a shareholder in TMR, there is no Member's Committee or representation. You are protected by these Terms and Conditions and the applicable law.

Desktop Valuation / Valuation / Property Price Estimates:

While using TMR you can request a Desktop Valuation - THESE ARE GUIDELINES - coming from several sources, which may change as more accurate services become available. These valuations are usually, but not always, based on different data sets that might include the last price paid for a specific property, or neighbouring properties, the average price for the same type of house on the same street or in the same postcode.

TMR IS NOT responsible for the accuracy of these valuations and cannot be held responsible for any loss incurred by under estimation of sale prices, loss of a sale by overestimating a sale price, or losing out on a purchase due to underestimating an offer price - this list is not exhaustive, and in any case TMR members are advised the only accurate valuations are carried out by professional valuers visiting the property to be bought or sold and within that valuations may vary dependent on the opinion of the valuer and market conditions at that point.

WE DO NOT EXCLUDE OR LIMIT OUR LIABILITY FOR ANYTHING WE ARE NOT ALLOWED TO AND YOUR STATUTORY RIGHTS AS A CONSUMER ARE NOT AFFECTED BY ANY OF THESE TERMS AND CONDITIONS.

3. PRIVACY POLICY

This Privacy Policy is designed to inform you about our practices regarding the collection, use or disclosure of information that you may provide to TMR.

Please be sure to read this Privacy Policy before using or submitting information to us via our website. By using our website you agree to the terms of this Privacy Policy. Whenever you submit information via our website you consent to the collection, use and disclosure of that information in accordance with this Privacy Policy.

For the purposes of the Data Protection Act 1988 (the “Act”), the data controller is TMR.

4. DATA WE COLLECT

We collect certain data about you when you register to use TMR, such as name and email address, your property type and enquiry details. We may also ask you for other optional information about your work, financial circumstances, lifestyle, and interests. If you choose to give us this information, we will use it to help us to tailor TMR to your needs and preferences.

Although we do not make it compulsory to give us every item of information we ask for, the more information you volunteer (and the more accurate it is), the better we can personalise TMR for you. We also collect information from you if you choose to take part in any of our surveys, competitions, or promotions. We use this information to better understand how people use this site and TMR and so we can contact winners of competitions and plan other promotional campaigns.

The website does not automatically capture or store personal information relating to visitors to this website other than to log the IP address of visitors (the unique address associated with your computer on the internet) which is automatically recognised by our web server and basic session details generated by visitors to this website.

We may from time to time supply the owners or operators of third party sites from which it is possible to link to or from our website with information on the number of users linking to or between the two websites. You cannot be identified by those sites from this information.

5. HOW WE USE YOUR DATA

We need to know your name and contact telephone number and any other contact details such as address, email and SMS you wish to give us. By using this website you agree that we may contact you to provide information about your membership account, anything new available on the website, and third party services you may be interested in. This information may be sent to you by email, SMS, telephone, or direct mail. If at any time you do not wish us to use your information in this way then you can request this by “Opting out” (see below).

We also use your data to:

• Operate TMR and send you information you request from the website.

• Generate aggregate statistics about our website visitors and users of TMR.

• Collect broad demographic information for aggregate use.

• Improve the content of our web pages.

• Administer this website.

• Customise information we provide to you.

• Notify you when your registration with TMR is due to expire.

• Handle enquiries, orders or applications submitted to us by you.

• Verify your identity.

• Conduct surveys and market research.

• Send you information about products and services that may interest you.

By using this website you agree that the data we collect about you may be passed on to affiliated third parties who we partner with to provide the services of “TMR”.

6. DATA PROTECTION RIGHTS

The Data Protection Act 1998 gives you certain rights including a right to request a copy of your information held by TMR and to have inaccurate information corrected.

7. FURTHER INFORMATION

For more information on data protection legislation and related matters please visit the Information Commissioner’s website at www.dataprotection.gov.uk

8. COOKIES AND TRACKING

The TMR website / mobile website and any additional applications which may be added as a choice for you to sign up to, collect anonymous data about how you use our services and to help us improve future functionality.

No data that personally identifies an individual (such as name, email address or billing information) is tracked, collected, or uploaded.

TMR may collect and report on the adoption and usage of specific features, crashes and exceptions and other useful, anonymous metrics.

9. STORING YOUR DATA

The data that we collect from you may be transferred and stored at a destination outside TMR. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect the information we store about you, we cannot guarantee the security of any information transmitted via our website to that destination, to your email or SMS address or from your email or SMS address to TMR. By using TMR and / or becoming a Member you accept any data loss during transmission is at your own risk.

10. CALLS

Please note that any telephone calls made to TMR may be recorded and/or monitored for training and data protection purposes.

11. HOW TO END YOUR MEMBERSHIP WITH US

To end the membership with us, please let us know by doing one of the following:

11.1.1 Phone customer services on 03001312360: When calling you need to provide your name, address, phone number, email address and membership number.

11.1.2 Email us at customerservice@themovingroom.co.uk
11.1.3 Online. Complete the [form INSERT LINK TO ONLINE FORM] on our website.

12. OUR RIGHTS TO END YOUR MEMBERSHIP

We may end the membership at any time by writing to you if:

12.1.1 if you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the service all our members benefit from.

12.1.2 We discover that you are uploading inaccurate or misleading property information or that you do not have authority to upload the property information.

12.2 You must reasonably compensate us if you break the contract. This will be a percentage of the net costs we will incur as a result of your breaking the contract.

12.3 If we end the contract we will refund any money you have paid in advance for any service we have not provided but we may deduct or charge you as compensation for the net costs we will incur as a result of your breaking the contract We may write to you to let you know that we are going to cancel your membership. We will let you know at least 24 hours in advance of our cancelling your membership.

13. IF THERE IS A PROBLEM WITH TMR

If you have any questions or complaints about the service, please contact us. You can telephone our customer service team at 0300 1312 360 or write to us at help@themovingroom.com or in writing posted to The Moving Room. 781 Abbeydale Road, Sheffield, S7 2BG. Alternatively, please speak to one of our staff in store.

We are under a legal duty to supply a service that is in conformity with your membership. See the box below for a summary of your key legal rights in relation to TMR. Nothing in these terms will affect your legal rights.

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

13. PRICE

Other than the Free Memberships the price stated on the website for Standard and Premium Membership will not change once you have become a member. On the Standard Membership the list of prices for valuations, solicitors’ conveyancing fee, and all items you will need to upload may change but once purchased those prices are fixed. be the price indicated on the membership description pages. We use our best efforts to ensure that the price of the service advised to you is correct. However please see clause 14.2 for what happens if we discover an error in the price of your membership.

14.1 If the rate of VAT changes between your joining date and the date we supply the service, we will adjust the rate of VAT that you pay, unless you have already paid for the service in full before the change in the rate of VAT takes effect.

14.2 It is always possible that, despite our best efforts, the services listed may be incorrectly priced. We will normally check prices before accepting your membership so that, where the service’s correct price at your joining date is less than our stated price at your order date, we will charge the lower amount. If the service’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid.

When you must pay and how you must pay – we accept payment by most credit and debit cards or alternatively by bank transfer - details available on request. When you pay depends on the product you are buying. For each service you request you will be directed to the appropriate payment page and payment must be made in full before the service will be provided (with the exception of completion fees which are covered at clause 23 below)

14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products listed.

15. OTHER IMPORTANT TERMS

We do not accept any responsibility for the accuracy of any information supplied or uploaded by you. Further, you indemnify us fully for any financial loss suffered by a third party as a result of the accuracy of information supplied by you or any members/legal owners of the property they are seeking to advertise/sell via the service. The responsibility to identify and check the legal ownership of the property which is advertised or listed on the service rests solely with you.

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract within [PERIOD] of us telling you about it and we will refund you any payments you have made in advance for the service not provided.

This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained above in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms

If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to [name of ADR entity] via their website at [website address]. [[name of ADR entity] will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

16. INSTRUCTION

You acknowledge that when you join TMR that you are contracting on behalf of yourself and all other owners of the Property. Therefore please ensure you have consulted all parties prior to signing these terms of business and you have the required authority to sign these terms.

By joining you confirm that as at the date of this agreement there is no prospective purchaser who has expressed an interest in the property.

Further you acknowledge that we have not taken any steps to identify that either you or any member/user of the TMR service are the legal owners of the property they are seeking to advertise/swap/sell via the service. The responsibility to identify and check the legal ownership of properties advertised or listed on the service rests solely with you.

17. DOUBLE COMMISSION WARNING

If you instruct an agent on a sole agency/ joint sole agency basis then it is your responsibility to check whether you will be liable to pay both their fees and our fees.

18. OFFERS

You will see details of any offers received from potential buyers in your Room it is your responsibility to check online any offers made we may not be able to email notifications of offers made. You will find a record of all offers received, including time, date and your response can be saved in your room.

19. AUTHORITY

You hereby irrevocably authorise your solicitor, licensed conveyancer, bank, building society or any other person or body to:

• Inform us, upon request, of any forwarding or alternative address or means of contacting you that they may be aware of.

• Discharge any outstanding invoices from monies received by them on your behalf.

• In the event we commence proceedings to recover a debt from you, you will be liable to pay all our legal costs.

21. ENERGY PERFORMANCE CERTIFICATE

An Energy Performance Certificate must be produced before the property is marketed and must be in date. If you do not have a valid certificate we can provide you with you, as per the fee listed.

22. DISCLOSURE OF PERSONAL INTEREST

Under The Estate Agents Act 1979 we must declare to any prospective purchaser whether you are related, or are connected in business with any member of staff at TMR or any associated company.

You must inform us if you are aware of any such relationship.

23. FEES

Completion Fees / Commission become due at the exchange of contracts or on completion of the sale. The responsibility of payment of these fees remains with you. We will submit our account to the acting solicitor/conveyancer following which payment should be settled within three working days after completion or 28 days after the exchange of contracts, whichever is sooner. (If the account is unpaid after 14 working days after the payment date we reserve the right to charge daily interest on the outstanding balance at an annual rate of interest [1%] above the base rate of the Bank of England from the due payment date until payment is received in full).

Additionally, if any other sums due under these Terms and Conditions are not paid on the due date they will become subject to interest at the rate of [ 1%] above the base rate of the Bank of England which will accrue on a daily basis from the date the sums are due until payment.

By accepting these terms and conditions you authorise us to discharge any outstanding invoices from the proceeds of the sale of the Property upon completion by your solicitor or licensed conveyancer and to inform us of any forwarding addresses.

24. VAT

Please note that all charges are subject to VAT.

25. ADDITIONAL SERVICES

We reserve the right to assist all vendors, connected persons and prospective purchasers by offering them mortgage services, financial services and other services connected to estate agency (insurance, investment, financial advisors) unless the vendor explicitly expresses us not to. (See "My Team" in your Room.

26. MARKETING

All marketing materials are the property of TMR and marketing material that is not provided or distributed by us is prohibited. Marketing includes advertisement and promotion through our website and on flyers. You consent that details of your property may appear wherever deemed fit by the Agent.

27 CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008

Anything you say or publish about your property must not be false or misleading and we must not purposely omit required information. Prior to marketing, we shall ask you to check and verify the sales particulars you publish MR immediately if there is anything inaccurate or anything that has been excluded. We must be able to prove everything you say about the property.

28 MONEY LAUNDERING REGULATIONS

We are legally obliged to comply with The Proceeds of Crime Act 2002 and the Money Laundering Regulations 2003. We must verify your identity through legally recognised photographic identification such as your passport or full driving licence. Documentary proof of address is also required which could be a council tax bill, a utility bill, a mortgage statement or bank statement dated within the last three months. Please note that we will not accept print outs of online utility or bank statements.

29. COMPLAINTS PROCEDURE

(A) Complaints will be made, in writing, in the first instance to TMR ˙who will acknowledge your complaint within 3 days.

(B) Within 15 days of receipt of your written complaint the Manager of TMR will inform you with the outcome of the investigation and what, if any, actions are going to be taken.

separately and he will conduct a separate investigation of your complaint and contact you within a further 21 days as to the outcome of the investigation.

If you are not happy with the second investigation you are at liberty to refer the matter to The Property Ombudsman.

If we fail to deal with matter appropriately, for example within 3 months of receiving your complaint you are entitled to refer your grievance to the Property Ombudsman.

Property Ombudsman address (for individuals):

Milford House, 43-55 Milford Street, Salisbury, Wiltshire, SP1 2BP

(for businesses):

RICS Dispute Resolution Service, Surveyor Court, Westwood Way, Coventry, CV4 8JE

TMR are members of The Property Ombudsman scheme (TPO) and abide by the TPO Code of Practice. TMR may disclose information relating to the sale of the Property to the Ombudsman if you have registered a complaint and the information is requested by the Ombudsman.

By signing this agreement you agree that we may disclose your contact details to the Ombudsman if he asks for it in order to assist in monitoring our compliance with the code of practice.

20. CONTACT

This website is the property of The Moving Room Limited (“TMR”) of 781 Abbeydale Road, Sheffield S7 2BG. By using this website, you agree that you consent to and are bound by the following Terms and Conditions.

We may change these Terms and Conditions from time to time. You should read the Terms and Conditions each time you use our Site and Service, ensuring you are aware of the most current changes made to them.

If you have any questions or comments with regards to these Terms and Conditions, please contact us either by email or telephone.

By ticking the box below and clicking "confirm" you are confirming that you are the sole or joint owner of any property you list on TMR and that you have read, understood and agreed to the terms above including Privacy and Cookies Policy.